Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 26, 2017 FBO #5663
DOCUMENT

65 -- Robotic Prescription Dispensing System - Attachment

Notice Date

5/24/2017
 

Notice Type

Attachment
 

NAICS

334111 — Electronic Computer Manufacturing
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 9;1639 Medical Center Parkway;Suite 400;Murfreesboro TN 37129
 

ZIP Code

37129
 

Solicitation Number

VA24917Q0741
 

Response Due

5/31/2017
 

Archive Date

9/7/2017
 

Point of Contact

Edrick Thomas
 

Small Business Set-Aside

N/A
 

Description

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Solicitation; quotes are being requested and a written Solicitation will not be issued. Solicitation VA249-17-Q-0741 is issued as a Request for Quotation (RFQ) and constitutes the only solicitation, a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94. This is a Service Disabled Veteran Owned Small Business (SDVOSB) Set Aside requirement only qualified offers may submit bids. NAICS Code is 334111 and size standard is 1250 Employees. Any firm that does not meet the capability and size standard under this NAICS code should not submit a response to this notice. Contract Type: The government anticipates awarding Firm Fixed Price contract. Award will be made to the lowest price quote which conforms to the requirements within this solicitation. In order to be considered for a government award, the firm must be registered in SAM @ www.sam.gov. Description of Services: This requirement is for the VAMC Memphis. The Department of Veterans Affairs, Network Contracting Office located in Murfreesboro, Tennessee intends to issue a firm fixed priced contract. The contractor shall provide: CLIN Supplies QTY Unit Cost Total Cost Robotic Prescription Dispensing System 1 Total Installation Fee 1 Grand Total ____________________ Quote Submission: Contractor shall submit their quote on company letterhead and shall include unit price, total, unit qty and item description as specified above, as offered discounts, proposed delivery time, name, address, and telephone number of the offeror, firm s DUNS# and ORCA document in SAM at www.sam.gov, terms of any express warranty, unit price, overall total price, applicable shipping charges, completed copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document. All prospective bidders must include appropriate references which must include all applicable company information. **Quote must be emailed** All questions regarding this solicitation must be submitted to the Contract Specialist in writing by e-mail to Edrick.Thomas@va.gov no later than 4:00PM CST, May 26, 2017. All responses to questions will be incorporated into a written amendment posted to the Federal Business Opportunities website (www.fbo.gov). Amendments to this Solicitation: Offerors are encouraged to monitor the Federal Business Opportunities website with respect to this solicitation because any amendments to this Solicitation will be posted on that website (www.fbo.gov). Quotes must be received May 31, 2017 by 10:00 AM EST. Email your quote to Edrick.Thomas@va.gov. The subject line must specify VA249-17-Q-0741 Robotic Prescription Dispensing System Contract - Solicitation document and incorporated FAR and VAAR provisions and clauses apply to this acquisition: 52.204-7, Central Contractor Registration - title is now System for Award Management [SAM]. 52.212-1, Instructions to Offerors Commercial 52.212-3, Offeror Representations and Certifications Commercial Items 52.212-4, Contract Terms and Conditions Commercial Items 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items 52.219-27 Notice of Service Disabled Veteran-Owned Small Business Set Aside 52.233-3, Protest after Award 52.222-3, Convict Labor 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration 52.232-39, Unenforceability of Unauthorized Obligations 852.203-70, Commercial Advertising 852.232-72, Electronic Submission of Payment Requests 852.237-70, Contractor Responsibilities 852.270-1, Representatives of Contracting Officers 52.252-1, Solicitation Provisions Incorporated by Reference: This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es). 52.252-2, Clauses Incorporated by Reference: This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es). Full text can be obtained at www.acquisition.gov. DISCLAIMER AND IMPORTANT NOTES: The government is in no way obligated to do business with or enter into the award a contract to any firm or its affiliates or otherwise pay for the information provided in this synopsis. STATEMENT OF WORK Pharmacy Automation Spinal Cord Injury Mail Out Pharmacy BACKGROUND: The Spinal Cord Injury/Mail out Pharmacy performs a number of prescriptive functions for the Memphis VA Medical Center. It serves as a satellite outpatient dispensing pharmacy for Spinal Cord Injury patients (including clinic and ward discharge) and Veterans that receive medications through the fee basis program. Additionally, this pharmacy processes all schedule II controlled substance prescriptions routed to mail. Schedule II medications are delivered utilizing a United Parcel Service (UPS) contract. The Spinal Cord Injury/Mail out Pharmacy delivers ward stock medications to community based outpatient clinics. Finally, the pharmacy processes and mails all prescriptions either rejected or not designated to be processed by the Centralized Mail Out Pharmacy (CMOP). Currently, each prescription processed in the Spinal Cord Injury/Mail out Pharmacy is manually counted, labeled, and verified. Barcode medication verification is not performed. Lot numbers are manually recorded and require manual query in the event of a drug recall. UPS labels require manual input of address. This process lends itself to human error (medication mailed to incorrect patient). Additionally, the inpatient pharmacy assumes these functions when both the Outpatient and Spinal Cord Injury/Mail Out Pharmacy is closed. OBJECTIVE: A. To add automation to the Spinal Cord Injury/Mail Out Pharmacy to enhance workflow, safety, and efficiency. B. To add automation data support technology to the Inpatient Pharmacy to facilitate safety and efficiency for afterhours ambulatory patient dispensing. SCOPE OF WORK: Vendor shall provide 1 robotic prescription dispensing system with collating control center with associated pharmacy image server, platform that includes expanded server and data point, 10 pharmacy data terminals, 10 pharmacy printers, 1 paper prescription input scanner, and 3 electronic signature devices with associated locking stands, and VISTA and UPS shipping interfaces. Vendor shall furnish all parts and expertise necessary to provide shared maintenance of the robotic dispensing system and associated equipment. A. Equipment Requirements Manual filling stations that scan the manufacturer barcode on each drug product in order to match the correct product to the prescription order. After electronically verifying, the system will print a label, including auxiliary label with a picture and description of the drug dispensed. Lot number and expiration date tracking for all drugs dispensed. Batching of all prescriptions for a patient (including multiple batches for a single patient when part of the order may require refrigeration.) UPS interface so the batch label prints a special barcode that can be scanned by the UPS 2-D barcode to populate the patient name and address in UPS, eliminating the manual process and potential for mailing errors or interface directly with UPS Worldship to generate UPS mailing label and record tracking information. Paper Prescription Input Scanner to maintain electronic copies of fee basis and hard copy narcotic prescriptions. Electronic signature capture to verify prescription pickup Track partial fills automatically Robotic prescription filling of the top tablets and capsules (50-65% of all dispensed medications) The system must contain a collated control center that interfaces with the pharmacy computer system in order to fill, label, and allocate at least 150 prescriptions per hour. Drug cells that can be calibrated on-site Ability to process after-hours prescriptions in the Inpatient Pharmacy with all of the above safety and efficiency features. SCHEDULE: Installation to be completed by September 2017 TERM OF CONTRACT AND PRICING: The VA anticipates the award of a single contract on a firm, fixed-price. HOURS OF OPERATION: Not applicable. MAINTENANCE AND TECHNICAL SUPPORT: Provide maintenance on all contractor-provided equipment and installed systems. Contractor shall make provisions for the proper maintenance and functioning of associated equipment, facilities and fixtures as may reasonably be required by pharmacists to perform services hereunder. Provide afterhours support for problems with call-back periods not to exceed 30 minutes from the placement of a call for assistance PLANNING AND INSTALLATION Contractor shall develop a project implementation strategy with Memphis VAMC to include the preparation of buildings, establishing telecommunications etc. if necessary The service provider shall be required to utilize a point-to-point VPN between themselves and Memphis VAMC if necessary to dial into the system for diagnostic or upgrade purposes. All security requirements need to be met. Contractor shall provide a system that maintains a minimum of 99% up time performance rate. Failure to provide this may result in a possible contract termination. Contractor shall provide hardware necessary to connect remotely to Memphis VAMC to be utilized at the contractor site. Contractor shall provide facsimile, telephone, computer/laptops, networking and other telecommunication equipment to be utilized at the contractor facility. Contractor shall provide all supplies, services, maintenance, repairs and upgrades required at contractor facility to provide services as described above. Contractor s equipment, hardware, software and supplies shall be compatible with the VA s software and hardware used during performance of this contract, including critical patches and antivirus updates. Contractor shall provide proof of installation of critical patches and/or antivirus updates to the VA upon request. Contractor s network and security system shall be compatible with the VA s network and security system. Contractor shall use any VA furnished items in conjunction with, and exclusively for, performance under this contract. CONTRACTOR ON-SITE REQUIREMENTS Contractors shall complete the following training prior to arriving on-site for installation of equipment and training. This training must be completed annually for all contractors that service any equipment including software issues. VHA 10176: VA Privacy and Information Security Awareness and Rules of Behavior VHA 10203: Privacy and HIPAA Training Contractors must wear identification badges at all times while on VA property Contractors must report to appropriate Contracting Officer Representative (Pharmacy or Engineering representative) prior to initiating any work or training. Contractors must have a VA escort while on station. Photographs are prohibited while on VA property. INFORMATION SECURITY AND PRIVACY REQUIREMENTS MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX B VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT 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. MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX C C-1 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE 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/subcontrator 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. 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. 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. 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 onsite 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 COR. 4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT N/A 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 COR 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, 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 COR. 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 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 VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR 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. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages 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. 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-days 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. 9. 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: (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.] b. The contractor shall provide to the contracting officer and/or the COR 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. d. All contract staff involved with installation and maintenance of the equipment will be required to complete the following training: VA Privacy Training for Personnel without Access to VA Computer System or Direct Access or Use to VA Sensitive Information
 

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Document(s)

Attachment
 

File Name: VA249-17-Q-0741 VA249-17-Q-0741.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3526204&FileName=VA249-17-Q-0741-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3526204&FileName=VA249-17-Q-0741-000.docx

 

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Record

SN04520046-W 20170526/170524234617-873fad573fe1073019860e1c774eacc2 (fbodaily.com)
 

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