Department of Veterans Affairs, Network Contracting Office 4 | Published November 4, 2015 - Deadline November 19, 2013
1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This Request for Proposal (RFP) will also use the procedures under FAR Part 13. In accordance with 13.106-2, the contracting officer may take into consideration information such as the contracting officer's knowledge of and previous experience with the services being acquired or other reasonable basis. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
2. The reference/solicitation number is VA244-16-R-0093 and the solicitation is issued as a Request for Proposals (RFP). The combined synopsis/solicitation will result in a contract to the successful offeror.
3. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-55. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulations (VAAR) Supplement can be accessed on the Internet at http://www.arnet.gov/far (FAR) and the (VAAR) (Federal Acquisition Circular)
4. This requirement is to establish a Requirements Contract for providing Cancer Registry Services for the VA Pittsburgh Healthcare System.
5. This requirement is a Total Small Business Set-Aside. Applicable NAICS Code is 541611 Size Standard is $14 million.
6. Period of Performance: This requirement shall be for a base period of performance from date of award through 11/30/16. Estimated Date of Award is 12/1/15, plus four option periods
Period of Performance:
Base: 12/1/2015 - 11/30/2016
Option 1: 12/1/2016 - 11/30/2017
Option 2: 12/1/2017 - 11/30/2018
Option 3: 12/1/2018 - 11/30/2019
Option 4: 12/1/2019 - 11/30/2020
7. Place of Performance:
VA Pittsburgh Healthcare System
Pittsburgh, PA 15240
8. The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items, applies to this solicitation
--Instructions to Offerors - Evaluation Factors--
All questions and inquiries about this solicitation must be submitted in writing via email to firstname.lastname@example.org on or before 11/10/2015 by 10:00 AM. All responses to questions, which may affect offers, will be incorporated into a written amendment to the solicitation. Offerors must submit all proposals electronically by email to email@example.com on or before the proposal due date of 11/19/2015 no later than 11:00 AM EST. In the subject line of your proposal, please state RFP VA244-16-R-0093 Cancer Registry Services. No hardcopy proposals will be accepted, and late offers will not be accepted. Offeror must submit a cost proposal as a separate document. Offeror shall provide a narrative to address each Evaluation Factor. Offerors must present clear evidence of ability to meet or exceed all requirements of this acquisition.
Offeror must clearly identify their DUNS# on their proposal.
Evaluation will be based on Technical, Past Performance and Cost Factors. Technical and past performances, when combined, are more important than Cost.
1. Proposal Submission
" The proposal must detail the Offeror's technical approach for fulfilling the requirements and adequately address all aspects of the Statement of Work and deliverables. Offerors must display adequate understanding of the Governments requirement and the nature of the work to be performed under the prospective contract.
" The proposal must demonstrate the Offeror's understanding of the nature of the work to be performed, under the prospective contract.
2. Estimating Effectiveness
" The proposal must demonstrate that the Offeror's capabilities will enable them to meet Government requirements
" The proposal will be assessed to determine if the Offeror's proposals presents any risks that could potentially lead to the Offeror's poor performance and could jeopardize the success of the contract.
" The proposal must address the Offeror's organization and technical team of staff, partners, consultants, and sub-offeror's to perform the work
Offeror must submit a cost proposal as a separate document. In order to determine price, an aggregate of all items will be determined based on the completion of the attached Price Schedule. Offeror must indicate pricing on every line item listed in the price schedule or no further consideration will be given to the proposal and it will not be considered for award.
C. Past Performance
Proposal must list up to five contracts of similar type, scope, size and complexity that are ongoing, or have been completed within the past five years. The following information shall be provided for each contract.
o Name and address of the contracting activity
o Name and telephone number of contact person
o Dates of contract performance (beginning and ending)
o Total dollar value of contract
o Brief description of the project, scope and services offered
Note: Please advise your references to expect contact from VAPHS personnel regarding customer satisfaction with your products and services and your compliance with and fulfillment of the requirements of previous contracts. Information utilized in past performance evaluation will be obtained from the references provided by the Offeror and may also be obtained from other sources such as customers known to the Government, others who may have useful and relevant information, and Government databases.
SOCIO-ECONOMIC STATUS - The Offeror shall provide the following information:
" Socio-economic status of prime contractor
" List name of any sub-contractor and socio-economic status.
9. The provision at FAR 52.212-2, Evaluation - Commercial Items applies to this requirement. The Government will award a firm fixed price contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation; will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price Technical and Past Performance. All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. Evaluation will be performed as follows:
EVALUATION - Commercial Items applies to this requirement. The Government will award a firm fixed price contract resulting from this solicitation to the responsible Offeror whose offer, conforming to the solicitation; will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price, Technical and Past Performance. All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. Evaluation will be performed as follows:
The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
The proposal must adequately address all aspects of the Statement of Work items and deliverables. Offerors must display adequate understanding of the requirement. ) Attached Business Associate Agreement must be submitted with proposal.
" PAST PERFORMANCE:
Proposal shall be evaluated based on submission of the required number of previous contracts demonstrating past performance. Offerors not able to submit the minimum number of previous contracts will be given a neutral rating. Interviews with previous customers may or may not be conducted.
10. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
11. The provision at 52.212-3, Offeror Representations and Certification, Commercial Items, applies to this solicitation. The contractor shall either: (1) return a completed copy of this provision with its proposal (a copy of the provision may be attained from http://www.arnet.gov/far); or (2) complete the Online Reps and Certs. Application (ORCA) at http://www.bpn.gov and reference it in your proposal.
12. The clause at 52-212-4 Contract Terms and Conditions - Commercial Items, applies to this acquisition.
13. 52.212-5 Contracts Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items; The following FAR clauses identified at paragraph b. of FAR 52.212.5 are considered checked and are applicable to this acquisition:
52.204-9, Personal Identity Verification of Contractor Personnel
52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards
52.204-13 System for Award Management Maintenance
52.204-18 Commercial and Government Entity Code Maintenance
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations
52.211-5 Material requirements
52.215-8 Order of Precedence - Uniform Contract Format
52.219-6, Notice of Total Small Business Set-Aside
52.219-8, Utilization of Small Business Concerns
52.219-28, Post Award Small Business Program Representations
52.222-3, Convict Labor
52.222-19 Child Labor- cooperation with Authorities and Remedies
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15000
52.222-21, Prohibition of Segregated Facilities
52.222-26, Equal Opportunity
52.222-35 Equal Opportunity for Veterans
52.222-36, Equal Opportunity for Workers with Disabilities
52.222-40, Notification of Employee Rights under the National Labor Relations Act
52.222-50 Combating Trafficking in Persons
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act
52.225-13, Restriction on Certain Foreign Purchases
52.232-23 Assignment of Claims
52.232-25 Prompt Payment
52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration
52.233-1 Disputes Alternate 1 (Dec 1991)
52.222-41, Service Contract Act of 1965
52.222-42, Statement of Equivalent Rates for Federal Hires
52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination. Please reference attached wage determination for appropriate rates. Wage Determination No.: 2005-2449, Revision No.: 16, Date of Revision: 7/8/15 (Attached)
Other Applicable Clauses/Provisions:
FAR 52.213-1 Type of Contract - The Government contemplates award of a Firm Fixed Price, Requirements contract resulting from this solicitation.
FAR 52.216.18, Ordering
52.216-19, Order Limitations
FAR 52.216-21, Requirements
FAR 52.217-8, Option to Extend Services
FAR 52.217-9, Option to Extend the Term of the Contract
FAR 52.228-5, Insurance - Work on a Government Installation
FAR 52.232-19, Availability of funds for Next Fiscal Year
FAR 52.233-2 Service of Protest
FAR 52.237-3, Continuity of Services
VAAR 852.203-70, Commercial Advertising
VAAR 852.233-70 Protest Content/Alternative Dispute Resolution
VAAR 852.233-71 Alternate Protest Procedure
VAAR 852.216-70 Estimated Quantities
VAAR 852.237-70, Contractor Responsibilities
VAAR 852.273-74, Award without exchanges
VAAR 852.273-76, Electronic Invoice Submission
14. To be awarded this contract, the Offeror must be registered in the SAM database. SAM information may be found at http://www.sam.gov. The Defense Priorities and Allocations System (DPAS) is not Applicable to this acquisition. There are no applicable Numbered Notes that apply.
15. Additional Security Language
Contractor will be required to comply with physical security guidelines by either checking in with the VA Police each time they come on-site to perform contracted services or by obtaining a VA Contractor ID badge in accordance with VAPHS Policy. The VA ID badge must be worn at all times.
Contractor must comply with all information security requirements to obtain/maintain computer access including a remote account for remote access, if required. Contractor must remotely connect via the VA's Citrix Access Gateway.
PDAT must be used to determine appropriate background screening.
Contractor employee(s) requiring computer access must sign and comply with Appendix D Contractor Rules of Behavior
Contractor must complete "VA Privacy and Information Security Awareness and Rules of Behavior" training prior to the performance of the contract and annually thereafter. Training must be completed in VA's TMS system (https://www.tms.va.gov/). Contractors must use the TMS Managed Self Enrollment method to complete the training in TMS. The COR must ensure that all contractors are validated in the PIH domain. Proof of training completion must be verified and tracked by the COR.
A Contractor Security Control Assessment is required. A copy of the CSCA must be submitted to the ISO Office within 30 days of contract award.
The following language applies from VA Handbook 6500.6:
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. 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
d. 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.
e. 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. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship
h. 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.
i. 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.
j. 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.
k. 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.
l. 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. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COTR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.
b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.
c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.
d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.
e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.
f. VA prohibits the installation and use of personally-owned or contractor/subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.
g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.
h. 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;
(a) 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
(b) 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.
(c) 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.
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:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.
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 $ 37.50per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:
(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. SECURITY CONTROLS COMPLIANCE TESTING
On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
** A Business Associate Agreement (BAA) is required. A copy of the signed BAA must be submitted to the Privacy Office. (Attachment 4)
See attached document: Attachment 1 Pricing Sheet.
See attached document: Attachment 2 STATEMENT OF WORK.
See attached document: Attachment 3 Wage Determination No. 2005-2449, Revision 16, Revision Date: 7/8/15
See attached document: Attachment 4 BAA.