PWS Police Mental Health Evaluation.docx

PERFORMANCE WORK STATEMENT – Police Annual Mental Health Evaluations

Section 1: Scope of Work

1.1 General: This document contains the technical provisions for the Police Officer Annual Mental Health Evaluations.

1.2 Statement of Work: The work required by this Statement of Work (SOW) Eastern Colorado Health Care System (ECHCS) requires a contract for Annual Police Officer Mental Health Evaluations for 51 law enforcement officers assigned to ECHCS VA Police Service. This contract will reference requirements for initial testing requirements as it pertains to new hires but is listed when there is potential need for additional screening.

1.3 Functional Requirements: Candidates and incumbents must meet certain functional requirements prior to a job offer or continued employment with the Department. Written psychological testing for applicants and an annual law enforcement specialized psychological interview will be used for incumbents are used to determine whether or not a candidate/incumbent is able to meet those specific functional requirements. In order to meet the specific behavioral functional requirements for the successful police officer the applicant must:

1.4. Written Reports: Written reports provided by the contractor will assess all the above.

1.5 Primary Objective: The use of psychological screenings primary objective for VA police officers are to screen out emotionally unstable and/or unsuitable officers, and to identify positive psychological characteristics associated with successful job performance. Emotional stability, in this context, refers to symptomatology of such severity that the individual’s ability to meet the functional requirements of the position, including the carrying and use of firearms, would be impaired. A mental health diagnosis, on its own, cannot be used as a basis for a determination of instability. Suitability, in the psychological screening context, refers to personality characteristics pertinent to an individual’s performance in the job and includes interpersonal skills, judgment, decision-making and integrity. Each evaluating psychologist will determine, based on his/her clinical judgement, the exact subset of dimensions to be assessed while adhering to the police officer functional requirements as outlined through a-g in paragraph 1.3 above.

1.6 Objective Psychological Tests: At least two objective psychological tests will be administered, one normed against healthy individuals drawn from the general population to assess suitability for work as a police officer and a second measure normed against a clinical population to evaluate significant psychological dysfunction (i.e., emotional stability). ECHCS has identified the following two tests for use with applicants: Sixteen Personality Factor Questionnaire (16PF) and Minnesota Multiphasic Personality Inventory (MMPI latest version). However, based on an approved additional testing the contractor will make a decision on what instrument to use from available testing sources in making a decision of suitability of the incumbent during annual examinations.

1.7 Testing Instruments and Questions: All interview questions and testing instruments should be chosen based upon their relevance to job performance and not subject to selective cultural, gender or racial bases. If the examiner cannot demonstrate a job-related basis for the use of a particular test instrument, historical information, or interview question, it should not be used.

1.8 Background: Department medical care facilities are protected by police officers who have arrest authority and carry firearms, as defined under Title 38 United States Code 902. VA police officers protect life and property on VA owned or operated lands and buildings. VA police officers must regularly make decisions on the appropriate application of forced during their duties. This may include potentially using deadly physical force, using a firearm or other department issued intermediate weapons.

1.9 Performance Period: The contractor shall complete the work required under this SOW beginning with a base period of January 1, 2026 through September 31, 2027 with four option years; 2028, 2029, 2030 & 2031. Annual psychological exams will be completed in January and February. ECHCS VA Police will provide names for incumbents to be completed within the month assigned without exception.

Section 2: General Requirements

2.1 Qualifications: Contractor must be a licensed psychologist/psychiatrist in the State of Colorado who specializes in the examination/determination of law enforcement psychological suitability and maintain the following:

a. Contractor must be psychologists who are currently Board-Certified Specialist in Police and Public Safety

b. Contractor must have subject matter experience in performing psychological examinations for law enforcement officers.

c. Contractors main facility must be within the Denver Metropolitan area in case applicants or incumbents must travel to the contractor’s office.

d. Contractor must be able to make fitness determinations of whether an officer will be psychologically suitable for hire (initial assessments) or to continue employment with an incumbent (annual assessments).

d. Contractor must have a vast testing ability to cover multiple factors in making determinations

2.2 Initial Exams: Initial exams will follow the above standard on scope of work in this contract. The same test batteries will be used for all applicants. Annual psychological interviews will consist of the same questions for all incumbents. In order to standardize procedures as much as possible, it is recommended that a limited number of psychologists/psychiatrists be delegated the responsibility to conduct these evaluations. Initial written assessments will also be followed by a face to face specialized interview. Contractor will follow a set list of questions for all initial interviews and allow the applicant to address any answers which raise concerns to fitness. The contractor will utilize this process for hiring recommendations to ECHCS HR and Occupational Health.

2.3 Additional Testing: If additional testing is required during an annual exam, the contractor shall contact ECHCS Occupational Health prior to any testing taking place. The contractor making a recommendation for additional psychological testing, must communicate articulable reason(s) to question the officer’s capability of performing the duties of a police officer during the psychological assessment. Once approval is received from ECHCS Occupational Health, then the contract may move forward with additional testing. If the incumbent is found to be psychologically unfit by the contractor, he/she must contact ECHCS Occupational Health immediately to provide verbal results and will have a written report sent to ECHS Occupational Health within 24 hours of completion of the exam.

2.4 Requirements: The contractor will contact the applicant/employee with appointment date/times via phone call or email and provide the contractor location with required forms via mail. Further, the contractor shall email completed exam forms/documents to Human Resources/Occupational Health to be documented/stored, as required, within the VA system within seven (7) calendar days post examination. Contractor will maintain all raw test material, interview notes and other material developed by the psychological evaluation by the contractor for the amount of time mandated by law.

2.5 Appointments and Scheduling: Contractor will schedule an appointment with the employee and inform the Government POC of the important. Contractor will inform the Government POC of any employee no-show, cancellations. Contractor will notify POC of reschedules for applicants. Contractor will inform incumbent police officers they will not reschedule appointments without approval from the Government POC prior to making any scheduling changes. Government will schedule a period of two months for the contractor to perform services of the contract. All exams for the year will be performed in this period with no other work being performed outside this period except for new hires which the contractor will perform throughout the year at Government request. Contractor will complete annual examinations in the month schedule without any deviation.

2.6 Travel: Contractor will travel to RMRVAMC and Colorado Springs to provide annual assessments. Applicants will travel to the providers office to complete initial testing. Contractor will be paid $100.00 for travel each time they are required and requested by the Government to travel to the RMRVAMC, 1700 N. Wheeling St, Aurora, CO 80045 and to the Colorado Springs CBOC, 3141 Centennial Blvd, Colorado Springs, CO 80907. VA will provide alternate address for travel if needed.

Section 3: Reporting Requirements

3.1 General Requirement: The contractor shall send completed exam forms/documents to the RMRVAMC (Rocky Mountain Regional VA Medical Center) Occupational Health to be documented/stored as required within the VA system no later than seven (7) calendar days post examination. Exam documentation will clarify if the exam finds the officer to be “psychologically fit to carry a firearm and perform law enforcement duties” or “psychologically unfit to carry a firearm and perform law enforcement duties”.

3.2 Unfit Determination: Upon determination if an incumbent is psychologically unfit after additional testing as been completed, the contractor will contact ECHCS Occupational Health to provide a verbal result immediately. The contractor shall provide a written report within 24 hours following the verbal result. Written reports will address the following areas with any concerns:

Section 4: Confidentiality and Nondisclosure

4.1 Contractor shall agree that:

a. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the CO and Government POC at the conclusion of the contract.

b. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

c. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

4.2 National Archives and Records Administration (NARA): Contractor shall comply with all applicable records management laws, and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act, (44 U.S.C. chs, 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974, (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transportation, or state of completion.

4.3 Code of Federal Regulations (CFR) and United States Code (U.S.C.): In accordance with 36 CFR 1222.32, all data created for government use and delivered to, or falling under the legal control of, the government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA)(5 U.S.C. 552), as amended, and the Privacy Act of 1974 (U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4.4 Prevention of Destruction: Eastern Colorado Health Care System (ECHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of ECHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

4.5 Removal or Destruction: In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to ECHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

4.6 Notifications: The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to ECHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4.4).

4.7 Contractual Relationships: The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating co, contracts. The Contractor (and any sub-contractor) is required to abide by Government and ECHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

Section 5: Electronic Devices and Records

5.1 IT Equipment: Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contractor and in accordance with ECHCS policy.

5.2 Compliance with all regulations: Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

5.3 Rights to Data: ECHCS owns the rights to all data and records produced as part of the contract. All deliverables under the contract are property of the U.S. Government for which ECHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Section 6: Training

6.1 Records Management: The Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

Section 7: Appendix C VA Information and Information System Security and Privacy Language for inclusion in Contracts, as Appropriate.

NOTE: Any sections (1-14) which DO NOT apply should not be included in the

7.1 General: This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

7.2 VA Information custodial Language: This entire section applies to all acquisitions requiring any Information Security and Privacy language.:

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), VA HANDBOOK 6500.6 April 22, 2024 APPENDIX C C-2 and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain VA HANDBOOK 6500.6 April 22, 2024 APPENDIX C C-3 medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the abovementioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA.The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

Section 8: Access to VA Information and VA Information Systems

8.1 Compliance with VA Handbook 6500.6 April 22, 2024. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract. VA Handbook 6500.6 April 22, 2024

8.2 Appendix C4:

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP.

Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM).

d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems. VA Handbook 6500.6 April 22, 2024 Appendix IX C-5 Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.

(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA accesses will return VA issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA

COR/CO.

Section 9 Training:

Note: This entire section applies to all acquisitions which include section 8.

9.1 Information Systems: All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems:

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

(2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role based information security training].

b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training 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 required training is complete.

Section 10: Security Incident Investigation

10.1 Language for all acquisitions: This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following:

c. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination.

d. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.

e. 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 the VA Office of 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.

f. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.

g. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.

h. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—Reimbursement for Data Breach Costs.