Sources Sought Notice – Q– MEM Temporary Pathologist
Notice Type: Sources Sought Notice
Posted Date:
Office Address:
Subject: Q-- MEM Temporary Pathologist
Classification Code: Q - Medical services
Solicitation Number: VA24917N0784
Contact: Seth KingContracting Officer 615-225-3403 [email protected] mailto:[email protected] [
Setaside: Service-Disabled Veteran-Owned Small BusinessService-Disabled Veteran-Owned Small Business
Place of Performance (address):
Place of Performance (zipcode): 38104-2127
Place of Performance Country:
Description:
Nashville VAMC
Version 0005 Dated 8 1 2014 Page 25 of 25
The purpose of this Sources Sought Notice is to search for service disabled veteran owned small business concerns capable to provide services necessary to perform onsite
This Sources Sought Notice is for market research purposes only and shall not be considered an Invitation for Bids, Request for Quotations, or a Request for Proposal. Do not submit a proposal or quote. This market research is issued for information and planning purposes only and does not constitute a solicitation nor does it restrict the Government as to the ultimate acquisition approach. In accordance with FAR 15.201 , responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Additionally, there is no obligation on the part of the Government to acquire any products or services described in this sources sought. You will not be entitled to payment for direct or indirect costs that you incur in responding to this Sources Sought Notice. Any contract that might be awarded based on information received or derived from this market research will be the outcome of a competitive process. Interested parties are responsible for adequately marking proprietary, restricted or competition sensitive information contained in their response. The Government does not intend to pay for the information submitted in response to this Sources Sought Notice.
Any interested Service Disabled Veteran Owned Small Business concern must submit a capability statement addressing its ability to meet the requirements above to
Point of contact:
Contracting Officer
THE DRAFT PERFORMANCE WORK STATEMENT (PWS) FOLLOWS:
PERFORMANCE WORK STATEMENT
1. SERVICES TO BE PROVIDED:
The contractor shall provide to the
Description of duties:
The Anatomic and Clinical Pathologist (AP/CP) preferably with subspecialty training in other areas of Pathology (e.g., Dermatopathology, Hematopathology, etc.) should provide neoplastic and non-neoplastic pathology and cytopathology diagnoses at the
2. APPROVAL OF CONTRACTOR PERSONNEL:
The
3. TOURS OF DUTY:
a. Tours of Duty for appropriate coverage will be mutually agreed upon by the Contractor and the
b. Overtime will not be paid for lunch breaks not taken. Overtime will be paid only in emergency situations with proper approval from program coordinator/ designee.
c. Tours will be a max of 8 hours tours (
4. STAFFING LEVEL:
Two (2) FTEE Anatomic and Clinical Pathologist will work Monday Friday 0800AM-
5. DUTIES
The Anatomic and Clinical Pathologist (AP/CP) preferably with subspecialty training in other areas of Pathology (e.g., Dermatopathology, Hematopathology, etc.) should provide neoplastic and non-neoplastic pathology and cytopathology diagnoses at the
6. ORIENTATION:
Orientation will consist of 4 -8 hours of training including unit specific orientation.
Included in the orientation will be:
Blood borne Pathogen and Infection Control Policy - Standard Precautions
Safety Procedures and use of Personal Protective Equipment
Standards of Ethical Conduct
Documentation Standards for the Clinical Record
Smoking Regulations
Patient, Visitor and Employee Safety
Pathology & Lab Employees Response in Emergency Situations
Rules of Behavior; Customer Service
Each Contractor employee will be expected to review the documents and sign the agreement indicating such a review has occurred. During the 4-8 hour mandatory orientation at the
Upon completion of training, each Contractor employee will complete an orientation assessment measuring the knowledge retained following the training.
Each physician contractor will be required to successfully complete the Credentialing and Privileging (VetPro) process for medical staff.
Each physician contractor will be placed on a Focused Professional Practice evaluation (FPPE) for a minimum of six (6) months.
7. DOCUMENTATION REQUIREMENTS:
All these should be submitted with offer
Current resume with detail of length and type of experience
Copy of current TB testing and results within the past 12 months and then annually
Completed Fingerprint Information Form (will be provided by
Record of current Hepatitis B vaccination or declination form
b. Documents required before start of contract work are: (forms will be provided by
Fingerprints information sheet will be submitted on all contractors to COR
The following can be accomplished at Orientation
Compliance and Business Integrity Training
VA Privacy and Information Security Awareness and Rules of Behavior
VHA Privacy and HIPAA Focused Training
Copy of completion certificate must be provided to the COR upon completion of training and annually thereafter.
8. SPECIAL CONTRACT REQUIREMENT:
Under the authority of Public Law 104-262 and 38
9. SERVICES:
a. The services specified in Supplies/Services, Specifications/Work statement, and Special Contract Requirements may be changed by written modification to this contract. The
b. Other necessary personnel for the operation of the services contracted for at the
c. The services to be performed by the contractor will be performed in accordance with
d. The services to be performed by the contractor will be under the direction of Chief, Pathology & Laboratory Medicine or designee,
10. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:
a. The Contractor shall assign to this contract the following key personnel:
(3) FTEE Board Certified Anatomic and Clinical Pathologists having appropriate experience.
b. The Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. Substitution personnel shall be provided within three (3) working days of notification to the
c. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes and all other documents required for original personnel for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The contract shall be modified to reflect any approved changes of key personnel. For temporary substitutions where the key person will not be reporting to work for 3 consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two (2) weeks shall require the procedure as stated above.
cause continuity of care is an essential part of Medical Care Services, the Contractor is to have a contingency plan in place to be utilized if personnel leave Contractor s employment or are unable to continue performance in accordance with the terms and conditions of the resulting contract.
e. The Government reserves the right to refuse acceptance of Contractor if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Pathologists who have current, full and unrestricted licenses in one or more states but who have, or ever had, a license restricted, suspended, revoked, voluntarily revoked, voluntarily surrendered pending action or denied upon application shall not be considered for the purposes of this contract. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patients or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contractor and Contracting Officer s Representative shall deal with issues raised concerning contract personnel s conduct. The final arbiter on questions of acceptability is the Contracting Officer.
11. BADGES
Contractor personnel are required to wear ID badges above the waist during the entire time he/she is at the Memphis VAMC. The ID badge MUST have an identification picture and shall be issued by the Memphis VAMC. ID badges MUST be surrendered at the end of the contract during the out processing procedure. If badge is lost, replacement cost is
12. KEYS:
Contractor may be required to have keys issued to them during the time he/she is at Memphis VAMC. Keys may be issued as needed and MUST be surrendered at the end of each shift to the supervisor of the area assigned.
13. NO SMOKING POLICY:
Except in designated areas, smoking is strictly prohibited inside and on the patios and balconies of all Memphis VAMC buildings.
14. QUALIFICATIONS:
Contractor shall insure that all candidates currently possess the appropriate certification as a Board Certified Anatomic and Clinical Pathologist with additional subspecialty training preferred. Contractor will be provided copies of current requirements and updates as they are published.
Application package will be provided by the candidate. This includes: Curriculum vitae, current references, signed release of information from candidate, and statement that candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out assigned duties, and additional credentialing and privileging forms.
15. TERM OF CONTRACT:
This contract is effective from the date award through
16. WORK HOURS:
a. The services covered by this contract shall be furnished by the contractor as defined herein. Tours of Duty for appropriate coverage will be mutually agreed upon by the Contractor and the
The following terms have the following meanings:
(1) Federal Holidays: The ten (10) holidays observed by the federal government are: May be required to work some holidays
(2) Or any other day specifically declared by the President of
(3) When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.
17. PERSONNEL POLICY:
a. The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:
Worker s compensation
Professional liability insurance
Health examinations
Income tax withholding, and
Social security payments
b. The parties agree that such personnel shall not be considered
c. Personnel will report to the Pathology & Lab Medicine Service Room CW-140 for initial assignment.
d. Taking of Photographs/Videos are Prohibited while on
e. Wearing of approved ID Badge at all times facing forward and above waist.
18. INFECTION CONTROL REQUIREMENTS
Health Tests - Contractor personnel shall provide, upon VAMC request to review, proof of the following tests within five (5) days prior to first duty shift. Tests shall be current within the past year.
(a) Tuberculosis Testing - All contractor personnel shall provide proof of a negative reaction to Purified Protein Derivative (PPD) testing. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.
(b) Rubella Tests - All contractor personnel shall provide proof of immunization for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization must be administered with follow-up documentation to the COR.
(c) OSHA Regulation concerning Occupational Exposure to Blood borne Pathogens - The contractor shall provide a generic self-study training module to its personnel; provide Hepatitis B vaccination series at no cost to its personnel who elect to receive it; maintain and distribute an exposure determination and control plan to its personnel; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.
(d)
19.MONITORING AND RECORDKEEPING:
a. The program assistant to the Chief, Pathology & Laboratory Medicine Service or designee is assigned the responsibility of monitoring this contract to assure the
b. Timesheets (sign in/sign out) will be prepared for the contractor s employees to verify that services required under this contract have been received by the
Procedures for System Access. Access requirements to
Contractor's personnel will be required to complete VA Privacy and Information Security Awareness and Rules of Behavior training and Contractor Rules of Behavior training before starting work under this contract.
In the performance of official duties, the Contractor's personnel has regular access to printed and electronic files containing sensitive information, which must be protected under the provisions of the Privacy Act of 1974, and other applicable laws and regulations. The employee is responsible for (1) protecting that information from unauthorized release or from loss, alternation or unauthorized deletion, and (2) following applicable regulations and instructions regarding access to computerized files, release of access codes, etc. as set out in a computer access agreement which the employee signs.
Inappropriate usage of
*-No VA data shall be removed, copied or faxed outside of the VAMC Memphis environment.
CONFIDENTIALITY: The Contractor understands and agrees that the information in the medical records of all patients is confidential. Strict confidentiality is to be maintained, Rules of Confidentiality expected to be conformed with are delineated in 38 U.S.c. 3301, 38 U.S.c. 4132 5 U.S.c. 552 (a) et. seq. The Contractor and its personnel shall be held liable in the event of breech of confidentiality. Any person, who knowingly or willingly discloses confidential information from the authorizing VA Medical Centers, may be subject to fines.
20. QUALITY IMPROVEMENT:
The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b). See Attachment A
21. JOINT COMMISSION COMPLIANCE:
a. The Contractor shall perform required services in accordance with the standards of the Joint Commission. The Contractor shall adhere to
b. The Contractor, upon request, shall provide quality data and information related to services provided and participate in the Medical Center's Performance Improvement programs when requested to do so. The Contractor shall also provide documentation of the competency of staff that will be providing the contracted services.
22. PAYMENT:
a. Payment to the Contractor shall be made Monthly in arrears, upon receipt of a properly prepared invoice. Payment for any leave, including sick leave, holiday, or vacation time, PTO time, shall be the responsibility of the Contractor.
b. Invoices shall include the contract number, purchase order number, date of work, hour worked, contract employee s name, description of work, hours total, rate, and total billed
price, refer to other invoice processes as addressed in the contract.
c. Billings rendered by the Contractor to the VAMC for services furnished a VAMC beneficiary under the terms of this contract shall be billings in full. Neither the beneficiary, his insurer, nor any third party shall be billed.
d. Payment Address:
PO Box 149972
e. Contractor employee(s) must be present at the Memphis VAMC and must be actually performing the services specified in the contract in order to receive reimbursement.
23. TYPE OF CONTRACT:
This is a Firm-Fixed Price contract.
24. EVIDENCE OF INSURANCE COVERAGE:
The Contractor shall furnish to the Contracting Officer with their quote a Certificate of Insurance which shall contain an endorsement to the effect that cancellation of, or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30-day written notice of cancellation or change is furnished to the Contracting Officer.
25. CONTRACTING OFFICER'S REPRESENTATIVE (COR):
The Contracting Officer's Representative (COR) for this contract shall be:
Pathology & Laboratory Medicine Service
Phone: 901) 523-8990, Ext 7390
Email: [email protected]
26. CONFIDENTIALITY OF
The Contractor is a
The records referred to above shall be and remain the property of
27. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA):
Contractors and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the
In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and do not require a Business Associate agreement in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate agreement is not required for this contract.
28. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: All contractor employees who require access to the
This requirement is applicable to all subcontractor personnel requiring the same access.
If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for
1. Position Sensitivity: The position sensitivity has been designated as Low Risk.
2. Background Investigation: The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.
3. Contractor Responsibilities:
a. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the
b. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a
c. The contractor shall submit or have their employees submit the following required forms to the
(i) Standard Form 85P, Questionnaire for Public Trust Positions
(ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions
(iii) FD 258,
(iv) VA Form 0710,
(v) Optional Form 306, Declaration for Federal Employment
(vi) Optional Form 612, Optional Application for Federal Employment.
d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.
e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.
4. Government Responsibilities:
a.
b. Upon receipt, the
c. The
Appendix B
VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE
NOTE: This clause will undergo official rule making by the
1. SUBPART 839.2 INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS
839.201 Contract clause for Information and Information Technology Security:
a. Due to the threat of data breach, compromise or loss of information that resides on either
b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.
2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM-
As prescribed in 839.201, insert the following clause:
The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.
Appendix C
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE
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
2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
a. A contractor/subcontrator shall request logical (technical) or physical access to
b. All contractors, subcontractors, and third-party servicers and associates working with
Security, and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared
Memorandum of Agreement with
d. Custom software development and outsourced operations must be located in the
e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a
3. VA INFORMATION CUSTODIAL LANGUAGE
a. Information made available to the contractor or subcontractor by
- General, FAR 52.227-14(d) (1).
b.
c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of
e. The contractor/subcontractor shall not make copies of
f. If
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
i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed
j. Except for uses and disclosures of
k. Notwithstanding the provision above, the contractor/subcontractor shall not release
l. For service that involves the storage, generating, transmitting, or exchanging of
4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT
a. Information systems that are designed or developed for or on behalf of
b. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the
c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the
d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.
e. The security controls must be designed, developed, approved by
f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579,
g. The contractor/subcontractor agrees to:
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:
(a) The Systems of Records (SOR); and
(b) The design, development, or operation work that the contractor/subcontractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and
(3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.
h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.
(1) Operation of a System of Records means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.
(2) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.
(3) System of Records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
i. The vendor shall ensure the security of all procured or developed systems and
technologies, including their subcomponents (hereinafter referred to as Systems ), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.
j. The vendor shall notify
k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the
l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of
5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE
a. For information systems that are hosted, operated, maintained, or used on behalf of
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
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
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
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.
g. All electronic storage media used on non-
contain
h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with
(1) Vendor must accept the system without the drive;
(2)
(3)
(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the
(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
technologies/methods/tools. Applicable media sanitization specifications need to be preapproved 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
b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to
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
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
b. The contractor/subcontractor shall provide notice to
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
(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
(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
(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
(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,
9. TRAINING
a. All contractor employees and subcontractor employees requiring access to
information and
(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
(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
(3) Successfully complete the appropriate
(4) Successfully complete any additional cyber security or privacy training, as required for
[to be defined by the
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.
Link/URL: https://www.fbo.gov/spg/VA/NaVAMC/VAMCCO80220/VA24917N0784/listing.html
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