S02 Intent to Sole Source 36C24724Q0009 Alcon Constellation PM.pdf

***INTENT TO SOLE SOURCE NOTICE-***

Estimated Date of Award: Aug 24, 2023

Synopsis:

The Department of Veterans Affairs, Augusta VA Medical Center located at 1 Freedom Way, Augusta, GA 30904 intends to award a sole source procurement for the Alcon Constellation

Preventive Maintenance.

The contract will be for base year plus four renewable option years. The vendor is the owner of the intellectual property of Alcon Constellation Preventive Maintenance Content and the only authorized distributor for this requirement. The applicable NAICS code for this procurement is 811210 – Maintenance of Equipment, with a business size standard of $34 million.

Furthermore, the Contracting Officer has determined that no opportunities exist for competition for either Service-Disabled Veteran Owned Small Businesses (SDVOSB) or Veteran Owned

Small Businesses (VOSB). The Contracting Officer has determined Alcon Labs is the only authorized vendor for this procurement.

Therefore, the Government intends to solicit and negotiate with only one source under the

Authority of FAR 13.106-1 which states that Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available. This is because market research efforts found that Alcon Labs is the only vendor authorized to provide Alcon Constellation Preventive Maintenance without voiding warranties associated with the previous procurement.

This notice of intent is not a request for competitive quotes. However, the Government will consider all quotes received no later than 2:00pm EST on Aug 17, 2023. A determination by the Government not to compete with the proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

System for Award Management (SAM): Rule requires a firm to be registered in the SAM

Registration Data Base (SAM), prior to award of any contract and agreements. Firms must register on an on-time basis, and annually confirm accuracy and completeness of registration information. To register in SAM, go to: https://www.sam.gov/portal/public/SAM/. If you have any

Benford Brundage, Contracting Officer, benford.brundage@va.gov

See continuations pages for Statement of Work mailto:benford.brundage@va.gov

STATEMENT OF WORK (SOW)

Charlie Norwood VA Medical Center

Augusta GA 30904

Preventive Maintenance Services

1. GENERAL INFORMATION:

1.1 NON-PERSONAL SERVICES: The contractor shall provide all personnel, equipment, tools, materials, parts (excluding glassware), supervision, transportation and other items and services necessary to properly maintain all equipment identified in Para 4. Services to be performed include all unscheduled routine service calls, all emergency service visits and all scheduled service visits as required for all Line Items. All parts provided by the contractor shall be covered by the terms and conditions of this contract. All work shall be performed in a professional manner by an authorized service representative. If any deficiencies are found due to negligence of the service representative, the contractor shall be required to correct the deficiency to a fully operational status in accordance with manufacturer specifications at no additional cost to the Veteran Affairs (VA).

1.1.1 BACKGROUND:

1.1.2 The Charlie Norwood VA Medical Center is a two division multi-bed facility, encompassing acute medical, surgical, psychiatric, and long-term care. The hospital is located in

Augusta, Georgia and provides primary, secondary, and some tertiary care. The equipment is located in the Operating Room #5 and maintained by Scheduled and Unscheduled Preventive

Maintenance services, using Original Equipment Manufacturer (OEM) part to maintain the integrity of the unit. Only authorized trained technicians are eligible to perform maintenance on the before mentioned equipment (Para 4).

1.2. ACRONYMS:

1.2.1. AQL – Acceptable Quality Limit

1.2.2. BESS - Biomedical Equipment Support Specialist

1.2.3. Bldg – Building

1.2.4. C&A – Computer and Automation

1.2.5. CFR – Code of Federal Regulations

1.2.6. COR – Contracting Officer Representative

1.2.7. COTR – Contracting Officer Technical Representative

1.2.8. CPARS - Contractors’ Performance Assessment Report

1.2.9. FAR – Federal Acquisition Regulation

1.2.10. IAW – In Accordance With

1.2.11. ID – Identification Data

1.2.12. ISO – Information Security Officer

1.2.13. NFPA – National Fire Protection Act

1.2.14. OEM - Original Equipment Manufacturer

1.2.15. PMI - Preventive Maintenance Inspections

1.2.16. POC – Point of Contact

1.2.17. PRS - Performance Requirements Summary

1.2.18. SOW – Statement of Work

1.2.19. SPI - Sensitive Personal Information

1.2.20. U.S. – United States

1.2.21. U.S.C. – United States Code

1.2.22. VAIQ – Veteran Affairs Installation Qualification

1.2.24. VAMC – Veteran Affairs Medical Center

1.3. PUBLICATION and FORMS:

1.3.1. VA Handbook 6500.6

1.3.2. Federal Acquisition Regulation

1.3.3. VAMC AUGUSTA Preventive Maintenance Sticker

1.4. HOURS OF OPERATION:

1.4.1. DAYS AND HOURS OF OPERATION

Monday – Friday, 8:00 a.m. to 4:30 p.m. excluding Federal Holidays.

Federal Holidays

New Year’s Day January 1st

Martin Luther King’s Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth June 19th

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran’s Day November 11th

Thanksgiving Day Last Thursday in November

Christmas Day December 25th

1.4.2. PERIOD OF PERFORMANCE: Base year plus four (4) option years.

Base Year: 01 October 2023 – 30 September 2024

1st Option Period 01 October 2024 – 30 September 2025

2nd Option Period 01 October 2025 – 30 September 2026

3rd Option Period 01 October 2026 – 30 September 2027

4th Option Period 01 October 2027 – 30 September 2028

1.4.3. ROUTINE/EMERGENCY SERVICE:

1.4.3.1. The contractor shall provide unlimited routine/emergency service during normal workdays; Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m. excluding holidays. Unscheduled repair service calls shall be accepted only from authorized POC’s. This

POC list shall be provided upon award of this contract. Upon telephonic the contractor shall have four (4) hour response time. The government will make the equipment available to the contractor for servicing at such time and duration necessary to perform needed repairs.

1.4.3.2. The contractor’s qualified service technician shall be on site to provide routine services or services requiring immediate repair. Scheduled services for preventive maintenance, safety and calibration shall be performed as required by the manufacturer’s specifications and this statement of work. Scheduled services shall be completed no later than the 20th day of the assigned month. Unscheduled repairs (non-emergent) shall be repaired and operational within

96 hours after initial response by contractor.

1.4.3.3. All unscheduled repairs shall be verified by a BESS (Biomedical Equipment Support

Specialist) prior to notification of the contractor by an authorized POC.

1.4.3.4. The contractor shall respond to unscheduled repair service calls from the POC within one (1) working day, Monday through Friday between the hours of 8:00 a.m. to 4:00 p.m.

excluding national holidays. Unscheduled repair service calls shall be accepted only from authorized POC’s.

2. PERSONNEL:

2.1. Qualification:

2.1.1. Contractor’s service representatives shall be factory trained and have a minimum of 2 years’ experience working on contracted equipment.

2.1.2. All contractors’ representatives shall be sufficiently fluent in the English language to effectively communicate with Charlie Norwood VA Medical Center’s representatives.

2.2. Key Personnel:

Name Position Wage Determination

Skill No.

Percentage of Work

Under Contract

3. CONTRACTOR RESPONSIBILITY:

3.1. The Contractor shall be able to read, write, speak and understand English.

3.2. The Contractor shall present a neat appearance commensurate with that required of a professional.

3.3. For services that will be performed during normal working hours, the Contractor (or

Representative) shall sign-in and obtain a vendor work report form at the Biomedical

Engineering Section office, Bldg. 801, Room 1B162, telephone (706) 733-0188, ext. 3342.

Contractor will obtain an identification badge which shall be always worn while on station.

Contractor shall also return to the Biomedical Engineering Section office to sign-out and provide a completed vendor work report form signed by both the Contractor or representative and the

Department EIL or alternative representative before leaving, return their badge and provide a service ticket for all work performed. A representative of the Biomedical Shop must sign the service report before contractor leaves the facility. Failure to follow these procedures may result in delay of payment or nonpayment.

3.4. For repairs or service required after normal working hours, the Contractor is required to report to the Police & Security office at the main entrance, sign in, and obtain an ID badge.

Contractor is required to leave a service ticket and vendor work log in the drop off section of the pickup/drop off box. Both the check-in and check-out procedures defined above are mandatory and will be strictly enforced. Payment of invoices may be delayed if the appropriate reports are not properly completed and submitted to the Biomedical Engineering Section as required above.

3.5. The contractor shall notify the POC (Point of Contact) of the exact date and time within ten

(10) days prior to scheduled preventive maintenance services. (See Attachment 1 for the list of authorized POC’s).

3.6. Prior to performing work, a contractor's representative shall report to and get from the

Biomedical Engineering Section, (Room, 1B162) a Visitor’s Badge. The badge shall be returned to the Biomedical Engineering Section prior to departing Charlie Norwood VA Medical Center.

3.7. Repairs that cannot be performed at the VA site may be performed at the contractor’s site provided the POC approves removal of the equipment. The contractor’s representative shall sign a receipt for the equipment. The repaired equipment shall be returned to the original premises within two (2) working days or the contractor shall provide a temporary replacement at no additional cost to the VA.

3.8. (If applicable) Contractor must furnish all software upgrades issued by the equipment manufacturer.

4. EQUIPMENT LIST:

SN

NUMBER

ITEM

DECSRIPTION

1202335401X Constellation LXT

1502390101X Centurion Vision

Note that the system with serial number 1502390101X has the following components:

1. Five Centurion Ozil handpieces

2. Remote control EE # 77981

3. Foot pedal EE # 77982

5. SPECIFIC TASKS:

5.1 Non-personal service to include, but not limited to, providing all personnel, equipment, tools, supervision and other items necessary to maintain medical equipment as listed on the equipment list.

(Para 4)

5.2. The contractor’s representative shall perform preventive maintenance inspections (PMI), calibrations and unscheduled repair services in accordance with procedures and practices prescribed by the manufacturer of the equipment.

5.2.1. The contractor shall maintain the equipment listed in proper operating condition as described in the manufacturers’ literature. The contractor shall provide:

5.2.1.1. One (1) lamp replacement per year, per unit.

5.2.1.2 Participation in Hand-piece Exchange Program. 10 discounted Hand-piece exchanges per year per piece of equipment. Program applies to 375/40 FRAG Hand-piece with an exchange price of $1,550.00 each.

5.2.2. Coordinated scheduled calibration and preventive maintenance inspection shall be performed as specified for each unit or system in the equipment list (Para 4). These services shall be performed during the months indicated and all unscheduled routine and all emergency services as required.

The scheduled calibration and preventive maintenance shall include written documentation of servicing, lubrication, cleaning, adjustments, operational tests and calibration/verification in accordance with manufacturers’ specifications and all applicable VA regulations. Calibration documentation shall include a list of all test, measurement and diagnostic equipment. This list shall include nomenclature, model, serial number, date it was calibrated and the date its calibration is due.

5.2.3. Preventive maintenance shall include cleaning, replacement of missing or defective parts, modules, covers, lamps and keys, a complete inspection, an inspection or repair of cables, plugs and wiring, a thorough function test of the input and safety circuits, checking the topicality of the operator manuals and information and training of new personnel. The safety inspection shall include a mechanical check (examination of the casing, the readings, user interfaces, connections, cables, labeling, soiling that would affect safety, etc.) and function test, as services include written documentation of servicing, cleaning, lubrication, adjustments, operational tests and calibration/verification in accordance with the manufacturer’s specifications.

5.2.3.1 Contractor’s service representative shall be factory trained and have a minimum of 2 years’ experience working on the contracted equipment and provide COR with a copy of the certificate.

5.2.3.2 (If applicable) Contractor shall furnish all software upgrades issued by the equipment manufacturer.

5.2.3.3. Required forms and extracts from pertinent directives will be furnished to the contractor’s service representative by the VA.

5.2.4. All preventive maintenance inspections/verifications/calibrations shall be performed in accordance with the manufacturer’s service literature, which will be located with the equipment or provided by the contractor.

5.2.5. Upon completion of calibration, the contractor shall affix or update a VAMC AUGUSTA

Preventive Maintenance sticker to the equipment in accordance with VA regulations. Required sticker and extracts from pertinent directives will be furnished to the contractor by Biomedical

Engineering Section.

5.2.6. The contractor shall only accept calls for service/repairs from the Chief, Biomedical

Engineering Section, or his/her authorized designated representative.

5.2.7. Upon completion of a scheduled or unscheduled service, the contractor service representative shall report to the Chief, Biomedical Engineering Section or his/her designated representative. In the event all necessary information is not available to the service technician at the time of completion of service, the initial service report shall include all information available. The contractor shall provide/fax a legibly written or typed copy of the remainder of the required information in English within 10 days after completion of service to:

Charlie Norwood VA Medical Center

Biomedical Engineering Section

Building 801 Room 1B162

1 Freedom Way

Augusta, GA 30904

Tel. 706-733-0188 ext. 3342

Fax: 706-823-3936

5.2.8. On the day services (scheduled and/or unscheduled) are completed, the contractor’s service technician shall prepare and initial a legibly written or typed service report in English and present it to the Chief, Biomedical Engineering Section or his/her designated representative for signature.

This report shall include the following information:

(1) Services performed (i.e., preventive maintenance, repair, calibration, etc.)

(2) What systems or components failed by serial number (reason for call)

(3) Start date/time

(4) Completion date/time

(5) Name of service technician

(6) Part numbers, nomenclatures and quantities of replaced parts

(7) Travel time

(8) Repair time

(9) Travel, repair and parts cost

(10) Location of services performed

5.2.9. Preventive maintenance inspection and calibration shall be performed in accordance with the months indicated on the equipment list (Para 4).

5.2.10. Completion of Unscheduled Repairs. For On Site routine services Contractor’s technician shall be on site within two (2) working days and the repair shall be completed within four (4) working days. Emergency on site repair services are covered under 1.4.3.3.

5.2.11. Repairs that cannot be performed at the VA site may be performed at the contractor’s site provided the POC approves removal of the equipment. The contractor’s representative shall sign a receipt for the equipment. The repaired equipment shall be returned to the original premises within two (2) working days or the contractor shall provide a temporary replacement at no additional cost to the VA.

5.2.12. Preventive maintenance inspections shall be performed in accordance with the manufacturer’s standards and procedures. The preventive maintenance inspection shall include, but is not limited to safety, calibration, completed operational testing, lubrication, adjustments and cleaning of equipment to which the operator does not have access. It also includes installation of all parts required to ensure proper operation.

5.2.13. Preventive maintenance (PM) inspections shall be performed during the months of IAW

Para 4. During the PM visit, the contractor shall perform preventive maintenance to correct any equipment malfunctions and assure that the equipment meets manufacturer’s factory specifications.

Any calibration procedures or adjustments necessary to assure accurate and reliable equipment operation shall be performed at this time.

5.2.14. Safety shall be performed in accordance with NFPA 99, Chapter 7. This regulation can be reviewed in full text at the Biomedical Engineering Section. When required, the contractor’s service representative shall comply with the Occupational Safety and Health Administration lockout/tagout standards while performing maintenance on equipment. The VA and the contractor’s service representative shall exchange hazard communication information before the commencement of any repair.

6. DELIVERABLES:

6.1. All correspondence, service reports and invoicing shall be in English and clearly legible.

6.2. The contractor shall complete a continuation sheet indicating manufacturer, model number, serial number and date of calibration expiration for all test, measurement and diagnostic equipment items used to perform calibration.

6.3. The contractor’s representative shall attach and complete or update a “VAMC AUGUSTA

Preventative Maintenance” sticker to the equipment upon completion of calibration services. This sticker will be provided to the contractors' representative by the POC.

6.4. A continuation sheet shall be attached indicating the manufacturer, model, serial number and date of the calibration expiration of all items of test, measurement and diagnostic equipment used to perform the calibration.

6.5. Required forms and extracts from pertinent directives will be furnished to the contractor’s service representative by the VA.

6.6. If the contractor’s calibration equipment produces a printed summary of the calibration procedure used, attach the printed summary to the Preventive Maintenance worksheet.

6.7. The contractor’s representative shall attach and complete or update a “VAMC AUGUSTA

Preventative Maintenance” sticker to the equipment upon completion of calibration services. This sticker will be provided to the contractors' representative by the POC.

6.8. Replacement Parts.

6.8.1. All replacement parts shall be certified (*) and have the same material as the original part.

The original design of the equipment shall not be changed, modified or the required functional capacities altered. (*) Certified parts are parts that comply with standards set forth in 21 CFR

1020.30 (applicable to radiation producing equipment only), for installation in medical equipment.

This regulation can be reviewed in full context at the Biomedical Engineering Section.

6.8.2. In place of new parts, factory refurbished exchange parts per the manufacturer’s spare parts procedures and policies may be used.

6.8.3. The contractor shall furnish a detailed listing of any replacement parts provided under the terms of this contract. This listing shall contain the part number, nomenclature, normal life expectancy and shall indicate whether the item is an exchange part.

7. GOVERNMENT RESPONSIBLE:

7.1. COR shall review all completed service reports for any scheduled calibration, preventive maintenance or unscheduled routine and emergency service performed during the respective quarter. Receiving reports shall not be prepared and submitted until all such completed service reports containing all required information are in the possession of the COR.

7.2. COR or BIOMED designated technician shall be present while work is performed under this contract

7.3. (If applicable) COR or BIOMED Technician shall perform a first look prior to contacting the contractor.

7.4. Services to be acknowledged by, service reports to be sent to and invoices to be acknowledged by:

Charlie Norwood VA Medical Center

Biomedical Engineering Section

Building 801 Room 1B162

1 Freedom Way

Augusta, GA 30904

8. CONDUCT:

8.1. Impaired Contractor personnel.

8.1.1. At any time during the performance of this contract, the Contracting Officer, Contracting

Officer Representative (COR) or Director of the medical treatment facility may direct the contractor to immediately remove any contractor employee whose actions or impaired state raises reasonable suspicion that clear and present danger of physical harm exists to a patient, medical treatment facility personnel and equipment or to the impaired individual. This provision shall be used in emergency situations only and not for the purpose of bringing performance issues or other non-urgent concerns to the attention of the contractor.

8.2. Smoking is prohibited within Charlie Norwood VA Medical Center and its clinics and within

15 meters of any building.

8.3. The use of cellular phones and 2-way radios is expressly forbidden in certain areas of Medical

Treatment Facilities and Health Clinics. The contractor shall not use cellular phones or radios in these areas. (i.e. Direct patient care areas, etc.)

9. GOVERNMENT-FURNISHED FACILITIES, EQUIPMENT, MATERIAL AND

SERVICES:

9.1. GENERAL. The Government will provide, without cost to the Contractor, the facilities, equipment, materials and services listed below. The contractor will maintain government furnished supplies, equipment and work areas in a safe, orderly and clean condition.

9.1.1. FACILITIES. No facilities will be provided.

9.1.2. EQUIPMENT. No equipment will be provided

9.1.3. MATERIALS. No materials will be provided.

9.1.4. SERVICES. The VA will provide the following services at no cost to the Contractor:

9.1.4.1. UTILITIES. The VA will provide the normal range of utilities, electricity, water, heating, refuse collection, etc., as is provided other personnel.

10. INVOICING:

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the

Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through to VA Financial Service Center via the OB10 e-Invoicing system

(www.ob10.com/veteransaffairs). Invoices should be submitted within 30 days after services haves been rendered.

A properly prepared invoice will contain:

o Invoice Number and Date o Contractor’s Name and Address o Correct Purchase Order Number o Period of Performance dates (Beginning and Ending) o Quantity supply or Service provided o Reagents/supplies ship date o Total amount due

11. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

11.1. The COR will maintain surveillance checklists covering areas in paragraph 7.1. under

Government Responsible above. All work is subject to inspection and acceptance by the VA.

Monitoring method is 100% inspection by COR or government representative in-charge at the locations of equipment for performance requirements summary (PRS) items in Para 7.1. and

Equipment List. Performance Requirements Summary (Performance Objective, Performance

Standard, AQL, Monitoring Method, and Incentive/De-incentive) the COR will use to evaluate the contractor’s performance.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

REQUIRED

SERVICE

PERFORMANCE

STANDARD

MONITORIN

G

METHOD

RESULTS FOR MEETING OR

NOT MEETING THE

PERFORMANCE STANDARDS

1. PM, calibration, and safety.

Ensure proper operation

IAW Para 5.2.13/5.2.15.

Office Chief and/or Contract

Officers

Representative

(COR)

observation.

If contractor not able to meet all requirements this will result in an

Unsatisfactory Performance Rating.

2. Provide maintenance documentation

Service report documentation provided to COR. IAW Para 5.2.7

100% compliance required.

If contractor not able to meet all requirements this will result in an

Unsatisfactory Performance Rating.

3. Non-operational response time

Respond within four (4) business hours after request for service. IAW

Para 1.4.3.1

> 95% compliance required.

If contractor not able to meet all requirements this will result in an

Unsatisfactory Performance Rating.

4.Equipment

Uptime

IAW Para 1.4.3.3. > 95%

Contract

Officers

Representativ

If contractor not able to meet all http://www.ob10.com/veteransaffairs e (COR) observation.

5. Provide proof of personnel certification upon

COR request.

Training certifications provided to COR. IAW

Para 5.2.3.1

100% compliance required

If contractor not able to meet all

12. SPECIAL CONTRACT REQUIREMENTS:

12.1. INFORMATION MANAGEMENT SECURITY.

12.1.1. (If applicable) Per review of VA Handbook 6500.6, Contract Security, Appendix A-

Information Security and Privacy Checklist:

(i) “The C&A requirements do not apply and a Security Accreditation Package is not required.”

(ii) Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

(iii) There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services. Per VA Maintenance/Installation

(Warranty) Contracts (VAIQ 7068822)

(iv) Minimum Statutory Requirements

a. Prohibition on unauthorized disclosure: 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). See VA Handbook

6500.6, Appendix C, paragraph 3.a.

b. Requirement for data breach notification: Upon discovery 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, the contractor/subcontractor shall immediately and simultaneously notify the COTR, the designated

ISO, and Privacy Officer for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a

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

d. 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.

e. 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;

(C) NUMBER OF INDIVIDUALS AFFECTED OR POTENTIALLY

AFFECTED;

(D) 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.

(E). 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 (See VA Handbook 6500.6, Appendix C, paragraph

7.a, 7.d).