Ziemer SOW.docx

VA Northern California Health Care STK-CBOC, Level 4, Dual Scheimpflug Analyzer

1.0 GENERAL SCOPE

a. The Veterans Health Administration (VHA) requires a Dual Scheimpflug Analyzer and its associated components at VA Northern California Health Care’s new Outpatient Clinic in French Camp, CA.

Project: STK-CBOC, Manufactured by Ziemer Ophthalmology:

· Dual Scheimpflug Analyzer Ziemer Ophthalmology will manufacture above equipment, and a contractor will deliver and install equipment and its associated components in following rooms in VA Stockton CBOC building:

· 4A114J Testing Anterior

Contractor to deliver Dual Scheimpflug Analyzer and its associated components to VA Northern California Health Care’s new Outpatient Clinic building in French Camp, Stockton, CA in the Eye Department. Additionally the Contractor will assemble, install, and test the new equipment to ensure the VA Northern California requirements are met. During and immediately following the installation, the Contractor shall provide on-site training in operating, maintaining, and troubleshooting the equipment.

2.0 PERFORMANCE REQUIREMENTS

Delivery and installation will be required by September 18, 2023.

Project Job Site: 6505 S. Manthey Rd, French Camp, CA 95231

3.0 PRODUCT/SERVICES

General

All finished surfaces shall be free of scratches, mars, dents, or blemishes, and withstand staining, and don’t exhibit to flaking, cracking, or loss or adhesion. Equipment shall be in factory quality condition that are free of defect and deficiencies when received by the VA.

Equipment Installation/Services provided:

a. Equipment assembly and installation to follow manufacturer’s installation drawings.

b. Perform equipment startup and set up.

c. Pre-install site walk and field verification.

d. Manufacturer’s Dual Scheimpflug Analyzer and its associated components’ installation specialist will review common equipment issues and how to mitigate with supervisors and in-house service personnel.

e. Contractor to provide classroom training with literature that includes operator and supervisor training as well as site specific safety training/orientation.

f. Provide protections as necessary of floor, walls, elevators, etc., along all areas where equipment will travel from loading dock area to project sites where it will be located.

g. Site specific safety training/orientation

h. Contractor to complete inspection or certification, as well as licensing process and connectivity as required to be able to operate the equipment. Inspection and certification to be conducted by a licensed inspector.

Contractor that delivers, assembles, and installs Dual Scheimpflug Analyzer, shall provide all labors, personnel, equipment, tools, materials, supervisions, transportations to assemble and install listed equipment and its associated components for the new Outpatient Clinic in French Camp, CA to meet VA Northern California requirements.

During and immediately following the installation, contractor/vendor/manufacturer’s representative shall provide on-site training in operating, maintaining, and troubleshooting all listed equipment. The contractor however shall, at no additional costs to the VA, provide troubleshoots for the VA when the equipment breaks down, software system failure occurs, or if there are mechanical problems that prevent the equipment to work properly.

Waste Removal: The contractor is responsible to remove and properly dispose of all waste related to the services provided on-site at new Outpatient Clinic in French Camp, CA in San Joaquin County per VA Site Standards. Installation services are according to contract and follow manufacturer’s installation manual.

Prior to installation, contractor shall do site verification to verify the sites are ready to receive the equipment. After installation is complete, contractor shall schedule an inspector to visit the site to complete equipment’s inspection and certification.

Installation Requirements

a. Contractor shall be familiar with VA Northern California’s forthcoming new Stockton campus, regulations, security requirements, loading dock locations, and hours of operations.

b. Any contractor personnel, including permanent and temporary staff installers, shall be cleared ahead of installation start date through VA NorCal Police Department. Personnel shall always wear contractor provided identification and VA visitor’s badge while on VA property.

c. Contractor shall provide Proof of Insurance upon request by the VA.

d. Contractor Storage Facility shall meet all current building code requirement including but not limited to sprinkler, secure, safe, environmental controls – not to void equipment warranties, if contractor provided storage facilities doesn’t meet current building code.

e. Contractor shall have trained personnel in requested equipment: Dual Scheimpflug Analyzer and its associated components.

f. Contractor to provide Project Manager/Lead Supervisor, Client Representative, Installers, and Service Technicians as needed when providing these services to the VA.

g. Contractor shall provide all necessary materials, equipment, labor, supervision, and Management to: (A) coordinate delivery: (B) load and unload; (C) place/install in designated rooms/locations; (D) assemble items as required; (E) secure all parts in a secured storage space designated by the VA. Properly dispose of all associated packing/crating materials off-site of VA premises.

h. Contractor shall track manufacturing schedule and notify VA Point of Contact (POC) with updates of estimated delivery date by email.

i. Contractor shall coordinate installation date with VA Point of Contact (POC) at a reasonable time or no later than 30 days after notification of receipt of equipment.

j. Contractor shall coordinate delivery, installation, install completion date with VA POC to occur at a reasonable time

k. Contractor shall deliver excess supplies, parts, and pieces to offsite storage location at VA Stockton Warehouse. Address to be provided by POC to awarded contractor upon request.

l. Prior to installation, Contractor shall inspect parts to ensure they are complete and free of defects.

m. Verify existence of power outlets and ethernet outlets prior to installation.

n. Coordinate with all surrounding equipment and furniture as contractor lays out equipment’s electrical cabling. arrange and lay out the cabling to reduce tripping hazard. provide covers for the cabling as necessary to reduce tripping hazard.

o. Service to include connectivity to VA network/ server to ensure equipment that requires connectivity to VA network will work properly.

Project manager (PM)

a. Awarded contractor shall appoint a Project Manager who becomes the main POC for the contractor.

b. Contractor shall complete a pre-installation meeting with VA POC, at a minimum of (10) business days, prior to installation.

c. Contractor Project Manager shall be available and on site to coordinate and oversee the delivery of product to project site.

d. Contractor shall complete a final walkthrough with VA POC/COR completion of all previously identified punch list items prior to final VA acceptance of project completion.

Protection of Property

a. Contractor shall protect all items in the building from damage. Contractor shall take precaution against damage to the building, grounds, finishes, and surrounding furnishings/furniture/fixture/equipment. Contractor shall repair or replace any items in the buildings or grounds (that are not in scope) damaged accidentally, or on purpose due to actions by the Contractor, utilizing materials of the same quality, size, grade, and color, to match existing.

b. Contractor shall perform a job walk in the area where the equipment installed with the VA POC prior to commencing work to ensure that the premise is in good condition and free of defects or deficiencies. If during the walk, defects or deficiencies in installation area are found, VA POC shall have them recorded in the report prior to proceeding with the work. If defects or deficiencies are found during the walk at the premise, VA POC shall immediately report them to building general contractor. The repaired work shall utilize materials that have same quality, size, texture, grade, and color to match existing.

c. Contractor shall be responsible for security of the areas in which the work is being performed prior to completion.

d. Contractor shall provide means to protect all the building elements (floor, door, elevator, walls, etc.) as necessary in all traveled areas from being damaged by equipment transported from shipping dock to project sites where the equipment will be located.

Delivery

a. Contractor shall contact the VA POC, when complete order has been received at project site, to schedule installation.

b. Contractor shall confirm the scheduled installation date no less than 15 working days prior to start of installation to ensure that all parts are received and in good condition and free of defects and deficiencies and complete. VA POC will confirm that space will be made available on appointed installation start date. Installation shall not be scheduled until Contractor has confirmed the receipt of full order and complete.

c. In the event there is a delay in delivery, Contractor shall notify the VA POC immediately.

d. Contractor shall notify the VA POC a minimum of 72 business hours advance notice of the scheduled date and time of delivery.

e. Contractor shall ensure that the driver of the delivery vehicle has copies of the delivery order at time of delivery.

f. Contractor shall not attempt to deliver any items before the scheduled delivery date.

Receive and Unload

a. The Contractor shall verify and inspect all equipment parts both at time of receipt at off-site storage warehouse and upon arrival at the VA site. All deficiencies (damage/overage/shortage) shall be brought to the attention of VA POC.

b. If the Contractor is unable to complete the assembly and placement of all unloaded items before the end of the workday, the Contractor shall be responsible for moving and covering (from dusts) these items to a secure location in the premise, until the next scheduled workday.

c. Contractor shall store damaged items in the location designated by VA POC. Contractor shall maintain a complete file of all documents for each damaged item. Copies of the documents shall be forwarded to the VA POC daily.

d. Contractor shall repair or coordinate for replacement of damaged, defective, or missing items.

Assembly, Installation, and Removal

a. Contractor shall uncrate all items received and perform all required assembly in accordance with the manufacturers’ instructions. Please refer to manufacture’s quick reference guide.

b. Contractor to verify existing site conditions prior to installation for utilities connections to equipment, in case of any discrepancies found, they shall be reported to VA POC prior to connection. Perform utility connections per conformed set.

c. Contractor to verify existing site conditions for seismic support installation if applicable, in case of any discrepancies found, report the discrepancies to VA POC prior to installation. Install seismic supports per conformed set if applicable.

d. Contractor shall place items in building(s) as identified in the contract.

e. All equipment and accessories must be leveled, plumbed, squared, and in proper alignment with adjoining equipment/fixtures installation as per conformed set.

f. Contractor shall complete installation of equipment under this statement of work in the time-period specified (07:30 am - 4:30 pm.). If unforeseen scheduling issue occurred that is required by the VA, Contractor shall coordinate revised schedule with the VA POC.

g. Contractor shall inspect components to ensure that they are clean, dust free, free of defects and deficiencies when installation is complete, and all items are ready for use. Floors shall be swept/vacuumed upon completion.

h. Contractor shall adhere to manufacturer’s specifications and not-use other manufacturer’s product to interlock with new or existing product potentially invalidating warranties.

i. Contractor shall do a final walkthrough with VA POC and provide a punch list before releasing crew.

j. Contractor Service Technician shall be available for possible service call backs and troubleshoots for 6 months following installation.

k. Contractor is responsible for removal of damaged or replaced products out of job site in accordance with Quality Control section listed below.

l. VA POC shall make available access to above ceiling, server room, electrical rooms or other rooms as necessary for the contractor to complete installation of equipment and make them fully operational.

m. After installation is complete, conduct inspections, certifications by a licensed professional in order to operate the equipment. Ensure the equipment is properly licensed to operate after installation is complete.

n. Conduct on-site training in operating, maintaining, and troubleshooting the equipment to the users.

Quality Control

a. Contractor shall be responsible for the removal and disposal of all trash / debris connected with uncrating and assembling equipment and installing other items under this contract. Final acceptance from the VA will not occur until all debris connected with the installation of equipment under this contract is removed from the VA site.

b. Recyclable products shall be disposed in accordance with applicable statutes, at respective off-site locations.

c. Packing materials will not be left out in the building for any period exceeding 24 hours.

d. Contractor shall remove all personal trash (food wrappers, drink containers, etc.,) from the work site daily.

e. Conduct of Contractor installation crew shall always be courteous and respectful. Be particularly mindful of our Veteran’s and their needs.

Work Required by Others All work required by other trades shall be identified under this section by the Contractor and reported to the VA POC and Contracting Officer.

4.0 CONTRACT HOURS

The normal work hours will be business hours (7:30am-4:30pm) Monday through Friday. The Government has the option to modify the normal work week, days, and hours, as necessary to meet the mission of the VA NorCal. Contractor shall be flexible if a change in work hours.

5.0 VA SECURITY INFORMATION AND INFORMATION SYSTEM SECURITY PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

d. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

h. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

i. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

j. Notwithstanding the provision above, the contractor/subcontractor 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 health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

k. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

4. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

h. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

i. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

j. Notwithstanding the provision above, the contractor/subcontractor 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 health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

k. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

1. Vendor must accept the system without the drive;

2. VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

3. VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

4. Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

i. The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

ii. Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre- approved and described in the purchase order or contract.

iii. A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the 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.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

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

c. 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:

1. date of occurrence;

2. 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.

8. 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:

i. 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;

ii. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

iii. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

iv. 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.