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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 10, 2017 FBO #5770
DOCUMENT

J -- 632-18-1-454-0001|SERVICE CONTRACT:ON GOVERNMENT OWNED GREENLIGHT SURGICAL LASER - Attachment

Notice Date

9/8/2017
 

Notice Type

Attachment
 

NAICS

811219 — Other Electronic and Precision Equipment Repair and Maintenance
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 2;James J. Peters VA Medical Center;130 West Kingsbridge Road;Bronx NY 10468-3904
 

ZIP Code

10468-3904
 

Solicitation Number

VA24217Q1139
 

Response Due

9/19/2017
 

Archive Date

10/4/2017
 

Point of Contact

Joel Paula
 

E-Mail Address

4-9000
 

Small Business Set-Aside

N/A
 

Description

REQUIREMENTS: The regulatory requirements extend to repairs performed by OEMs and required maintenance to return the equipment/instruments and systems to the manufacturer s original specifications. The repair and refurbishment process is subject to regulatory FDA audits and must comply with Medical Device Reporting (MDR) requirements. FULL SERVICE CONTRACT: Furnish all necessary labor, equipment, tools, materials, repair service, software updates, parts, etc., for complete On-Site Maintenance Service as specified below in accordance with the terms, conditions and schedule of this agreement. BASE PERIOD: One Year (12 months), from Date of Award The Government will have the Option to extend the Term of the contract for Four (4) additional years. EQUIPMENT: Equipment to be serviced/maintained includes: VA ID#16773, Laserscope Greenlight Laser S/N HPS2221, located in the OR, Building 200 1st Floor. DEFINITIONS/ACRONYMS: Biomedical Engineering - Chief or designee, Building 11, Room 1, phone # (631) 261-4400 extension 7429. CO - Contracting Officer. COR - Contracting Officer Technical Representative (Biomedical Engineering) PMI - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions. ESI Electrical Safety Inspection. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and condition of the contract. Acceptance Signature - VA employee who indicates FSE demonstrated service conclusion/status and User has accepted work as complete/pending as stated in ESR. Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR. NFPA - National Fire Protection Association. CDRH - Center for Devices and Radiological Health. VAMC - Department of Veterans Affairs Medical Center OSHA - Occupational Safety and Health Agency. OEM - Original Equipment Manufacturer. AQL Acceptable Quality Level CONFORMANCE STANDARDS: The contractor shall ensure that the equipment (hardware and software) functions in conformance with the latest FDA (medical device regulations (including but not limited to Class I, Class II, Class III and MDDS), validation, quality assurance and compliance), latest published edition of NFPA-99, TJC, OSHA, CDRH, ISO 9001, and any other performance standards and specifications used when the equipment was procured by VA and any upgrades/updates. SECURITY: All vendors/contractors will sign-in at the Biomedical Engineering Administrative Office building 11 room 1, before reporting to their respective work site. Each vendor/contractor will be issued a temporary identification badge that must be worn at all times above the waist, in front, with the face of the card visible. If removable media (i.e. USB or DVD/CD Device) is required to service, troubleshoot or install/update software, then it must be scanned with an anti-virus program. The removable media is scanned with anti-virus software running current virus definitions prior to connection to any medical device at the scanning workstation located in Biomedical Engineering. Any vendor/contractor with patient sensitive information that is imported into the removable media device for any reason must purge all patient sensitive information prior to departure from the facility. All items covered by the manufacturer's warranty, contractor service of any devices, systems, or other equipment containing media (hard drives, optical disks, etc.) with VA sensitive information must not be removed / returned to the vendor at the end of life, for trade-in, or other purposes. Upon completion of the scheduled work, the vendor/contractor will return to the Biomedical Engineering Administrative Office building 11 room 1, to sign-out, return the temporary identification badge, and leave any Field Service Reports if necessary. All medical device workstations and servers must be in compliance with MDIA (Medical Device Infrastructure Architecture) as well as comply with all FDA regulations. Remote System Diagnosis: Proactive, remote monitoring and diagnosis shall be provided and covered by contractor, however contractor must meet strict VA guidelines on use of virtual private network (VPN) access. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be REMOVED / RETURNED to the vendor at the end of lease, for trade-in, or other purposes. HOURS OF COVERAGE: Normal business hours of coverage are [Monday through Friday] from [8:00 am to 5:00 pm], excluding federal holidays. All service/repairs will be performed during normal business hours of coverage unless requested and approved by [COR]. Preventive Maintenance Inspections will be performed [Semi-Annually]. Preventive Maintenance Inspections will be performed in the following months: October and April C. Work performed outside the normal hours of coverage at the request of [COR] will be billed as service time, and exclude parts and travel time as they are included in Section B, item I. Work performed outside the normal hours of coverage at the request of FSE will be considered service during normal hours of coverage. Note: Hardware/software update/upgrade installations will be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by COR). D. Federal Holidays observed by the VAMC are: New Years Day Labor Day Martin Luther King Day Columbus Day President's Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day And any other day specifically declared by the President of the United States to be a national holiday. UNSCHEDULED MAINTENANCE: A. The contractor shall maintain the equipment in accordance with the Conformance Standards Section and the Performance Requirements Section, by furnishing all necessary labor, equipment, tools, materials, repair service, software updates and parts for service (excluding consumables) in accordance with the terms, conditions and schedule of this agreement. The contractor will provide repair service which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and maintaining the equipment, including all intervening calls necessary between regular services and calibrations. B. Only, the CO, COR or designated alternate has the authority to approve/request a service call from the contractor. C. Response Time: Contractor's FSE must respond with a phone call to the COR and his/her designee within [two (2) hours] after receipt of telephoned notification [24 hours per day]. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) within [twenty-four (24) hours] after receipt of notification and will proceed progressively to completion without undue delay. For example, if hours of coverage are [8:00 am to 5:00 pm], a [24] hour response means, if a call is placed at [3:45] pm [Monday], [September 9th], the FSE must start on-site service before [3:45 pm Tuesday], [September 10th], except when outside hours of coverage is authorized by the COR. SCHEDULED MAINTENANCE: A. The contractor shall perform Preventive Maintenance Inspection (PMI) service to ensure that equipment listed in the schedule performs in accordance with Section III, Conformance Standards. The contractor shall make thorough technical inspections of the equipment covered in the Schedule. Within ten (10) days after the award of the contract, the contractor shall submit a schedule of PMIs and a PMI checklist describing in detail the scheduled maintenance procedures for inspecting each piece of equipment listed. This checklist is subject to the approval of the COR. The contractor shall provide and utilize these procedures and checklists with worksheet originals indicating the work performed and actual values obtained (as applicable) provided to the COR at the completion of the PM. All equipment listed under Section I, Equipment, will have PM service performed Semi-annually. Preventive Maintenance Inspections will be performed in the months of October & April. In no event shall more than Six (6) months elapse between inspections. PMI services shall include, but need not be limited to, the following: Cleaning of equipment. Reviewing operating system software diagnostics to ensure that the system is operating to the manufacturer's specifications. Calibrating and lubricating the equipment. Performing remedial maintenance of non-emergent nature. Testing and replacing faulty and worn parts and/or parts which are likely to become faulty, fail or become worn. Measuring and adjusting and calibrating as necessary for optimal performance, output or image quality. Inspecting electrical wiring and cables for wear and fraying. Inspecting all mechanical components including, but not limited to: patient restraints and support devices, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, keyboards, and patient couches for mechanical integrity, safety, and performance. Performing any Electrical Safety Inspections required by NFPA-99, 2002 as they may apply to this class of equipment and its application. Returning the equipment to the operating condition defined in Section III, Conformance Standards. Providing documentation of services performed. B. PMI services shall be performed in accordance with, and during the hours defined in, the Preventive Maintenance Inspection schedule established herein. All exceptions to the PMI schedule shall be arranged and approved in advance with the COR. C. All parts, services, manuals, tools, or software required to successfully complete scheduled PMI are included within this contract, and its agreed upon price, unless specifically stated in writing otherwise. D. Upon completion of the preventive maintenance and any required electrical safety inspection, the FSE must tag the equipment with an inspection tag, label or sticker which provides the following information: date inspected, date next due, and initials of FSE. VA Biomedical Engineering Labels will be provided to the FSE upon request when reporting (signing-in) to Biomedical Engineering. PARTS: The contractor has ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. The contract shall include all parts except consumables. The contractor shall use OEM new or re-built parts. New parts, shall be furnished by the contractor and guaranteed against defects and/or failure for a period of 1 year from the date of completed installation of the component. Used parts, those removed from another similar system shall not be installed without approval by the COR. SERVICE QUALITY: No repeat calls for the same failure. MISCELLANEOUS SERVICES AND COVERAGE: SERVICE MANUALS: The VAMC shall not provide service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation, (such as; operational and service manuals, schematics, and parts list), which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request. DOCUMENTATION/REPORTS: The documentation will include legible detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with conformance standards. Such documentation shall meet the guidelines as set forth in the Conformance Standards Section. In addition, each ESR must at a minimum document the following data legibly and in complete detail: A. Name of Contractor. B. Name of FSE who performed services. C. Contractor Service ESR Number/Log Number. D. Date, time (starting and ending), and Hours-On-Site for service call. E. VA Purchase Order (PO) #(s) covering the call, if outside normal working hours. F. Description of Problem reported by COR/User. G. Identification of Equipment to be serviced: VA Inventory Entry # (if available), manufacturer, model#, serial#, and any other manufacturer's ID# s. H. Itemized Description of Service Performed (including Costs associated with after normal working hour services), including: Labor and travel hours, parts replaced (with part #s), location of problem (equipment assembly, circuit, etc) and Corrective Action. I. Total Cost to be billed. J. Signatures: 1. FSE performing services described. 2. VA Employee who is notified and accepts that repair /service has been completed. K. A Log Book to be left with the supervisor at the equipment site for entering arrival and departure times and maintaining a PM and Repair records. REPORTING REQUIREMENTS: The contractor shall be required to report to Biomedical Engineering, Building 11, Basement level, Room 1 to log in during Normal Business Hours.   Outside of Normal Business hours, FSE may report directly to area Supervisor at equipment site.   When the service is completed, the FSE shall document services rendered on a legible ESR(s).   All ESRs require an acceptance signature from the Area Supervisor.   The FSE shall be required to log out either by contacting/meeting the COR to provide him with the ESR(s) or at Biomedical Engineering.   Outside of Normal Business Hours, FSR(s) may be left in the Biomedical lock-box located at the entrance to Biomedical Engineering (Building 11, Basement Level, Room 1).   Detailed FSR(s) must be received within five (5) business days after completion of work electronically e-mailed to VHANOPBIOMEDICALENGINEERING@VA.GOV PAYMENT: Purchase Order Payment Procedures: Payments will be made QUARTERLY in arrears upon receipt of properly prepared, certified invoices which must show reference to the Service Contract s purchase order number and contract number issued upon the award of this contract. Each invoice must include the Service Reports (ESR's) for all work performed during that period of time. ALL REPORTS AND INVOICES WILL BE FILED ELECTRONICALLY: OB10 http://www.ob10.com/veteransaffairs The VA s OB10 number is: AAA544240062 Quarterly report: Records of all PM Inspections and Repairs performed under this contract. Provide a Damage Evaluation Report for each Product repaired or exchanged. Quarterly Hazzard Alerts and Field Corrections Report Annual system performance reviews. a. Quarterly [X] b. Semi-Annually [] c. Other [] ADDITIONAL CHARGES: There will be no additional charge to the Government for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts. REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE: The Contractor shall immediately, but not later than 24 consecutive hours after discovery notify the CO and COR, (in writing), of the existence or the development of any defects in, or repairs required to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs. QUALIFICATIONS: Offers will be considered only from offerors who are established in the business called for and whom in the judgment of the Contracting Officer (CO) are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service. CONDITION OF EQUIPMENT: The contractor accepts responsibility for the equipment described in Section I, in "as is" condition. Failure to inspect the equipment prior to contract award will not relieve the contractor from performance of the requirements of this contract. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT: Each respondent must have an established business, with an office and full time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment comparable to that identified in the Section I schedule. For field experience, the FSE(s) has a minimum of one year of experience, with respect to scheduled and unscheduled preventive and remedial maintenance on covered equipment. The FSEs shall be authorized by the contractor to perform the maintenance services.   All work shall be performed by "Fully Qualified" competent FSEs who are authorized and certified by the OEM.   The contractor shall be able to furnish upon request written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model of equipment the contractor services at the VAMC.   The CO may authenticate the training requirements, request training certificates or credentials from the contractor at any time for any personnel who are servicing or installing any VAMC equipment.   The CO and/or the COR specifically reserve the right to reject any of the contractor's personnel and refuse them permission to work on the VAMC equipment. If subcontractor(s) are used, they must be approved by the CO; the contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval. TEST EQUIPMENT: Contractor is required to utilize testing equipment for calibration which has been certified to be accurate, with accuracy traceable to a national standard. Certification certificates shall be made available to COR upon demand IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The contractor's FSE's shall wear visible company identification at all times while on the premises of the VAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Smoking is prohibited inside any buildings at the VAMC or near entranceways. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to police search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court. SECURITY/PRIVACY: 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 VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. 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 U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. 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 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). The C&A requirements do not apply, and that a Security Accreditation Package is not required. 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. 6. SECURITY INCIDENT INVESTIGATION 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. 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. 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. 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 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 in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: Notification; One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; Data breach analysis; Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and 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. 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: 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; Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior FY12 Print training and annually complete required security training. The training is accessible on https://www.tms.va.gov/plateau/user/login.jsp 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.
 

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Attachment
 

File Name: VA242-17-Q-1139 VA242-17-Q-1139_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3782929&FileName=VA242-17-Q-1139-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3782929&FileName=VA242-17-Q-1139-000.docx

 

File Name: VA242-17-Q-1139 VA242-17-Q-1139 02.pdf (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3782930&FileName=VA242-17-Q-1139-001.pdf)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3782930&FileName=VA242-17-Q-1139-001.pdf

 

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Record

SN04669647-W 20170910/170908232543-bb5bf04991d1488391876a59bb0b7183 (fbodaily.com)
 

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