DOCUMENT
D -- SERVICES: CAVHCS Switchboard Operator Alabama Base plus 2 Options periods - Attachment
- Notice Date
- 10/2/2018
- Notice Type
- Attachment
- NAICS
- 561421
— Telephone Answering Services
- Contracting Office
- Department of Veterans Affairs;Birmingham VA Medical Center;700 South 19th Street;Birmingham AL 35233
- ZIP Code
- 35233
- Solicitation Number
- 36C24718Q9282
- Archive Date
- 10/31/2018
- Point of Contact
- Connie Ganier
- E-Mail Address
-
3-8101
- Small Business Set-Aside
- N/A
- Award Number
- 36C24719C0002
- Award Date
- 10/1/2018
- Awardee
- BOBBY DODD INSTITUTE, INC.;2120 MARIETTA BLVD NW;ATLANTA;GA;30318
- Award Amount
- 1,579,902.29
- Description
- TELEPHONE SWITCHBOARD OPERATOR SERVICES PERFORMANCE WORK STATEMENT CENTRAL ALABAMA VETERANS HEALTHCARE SYSTEM B SCOPE OF WORK 1.1 General. The work required by this specification consists of providing switchboard services for the effective operations of this facility. Telephone operators will use ACD telephone attendant consoles to process incoming and outgoing calls over the FTS (Federal Telecommunications Service) local commercial networks (local calls), and International Calls including some toll calls. The Contractor will be required to follow all established rules and regulations for the processing of calls on these networks and maintain the appropriate logs/records related to these calls in accordance with VA policy. Operators will complete all calls not completed by the call processor, ascertaining enough information to direct callers to the appropriate extension and/or party. This will include internally directed calls back to the consoles, transferring of calls, placing calls off-station and paging Medical Center Staff as requested. Operators will process all calls in a most courteous and professional manner, giving a favorable impression of the Department of Veterans Affairs at all times, assuring compliance of Federal and VAMC policy on Release of Information, safeguarding any and all patient information in compliance with the Privacy Act of 1974, and the Health Insurance Portability and Accountability Act (HIPAA). Subcontracting. Subcontracting of services shall not be allowed under the provisions of this contract. 1.2 Personnel. The Contractor shall be required to provide all personnel, supervision and other services necessary to perform the work required by the solicitation, except for those items and services specifically identified in this solicitation as Government-furnished. These technical provisions require work to be accomplished at the Central Alabama Healthcare System Department of Veterans Affairs Medical Center, East Campus, 2400 Hospital Rd, Tuskegee AL, 36083 under the Jurisdiction of the Medical Center Director as specified herein. The contractor shall perform to the standards expressed in this solicitation. 1.3 Hours of Operation. The contractor will provide coverage for the switchboard and all its functions, with at least one fully sighted member on duty at all times, 24 hours per day, seven days of week, 365 days a year, including holidays, and will remain unchanged unless the CO would initiate a change in accordance with the Contract s Change Clause. The holidays are: New Year s Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, Labor Day, Presidents Day, Independence Day, Christmas Day, plus any other day specifically declared by the President of The United States to be a national holiday. Coverage should be provided by a minimum of four (4) operators on day shift, two (2) operators on evening shift, and one (1) operator on night shift during week-days. For the weekends, coverage should be provided by a minimum two (2) operators on day shift, one (1) operator on evening shift, and one (1) operator on night shift. On certain holidays, those less recognized by business and industry, specifically Martin Luther King s Birthday, Presidents Day, Columbus Day, Veterans Day, and other day traditional government operations are closed due to a Presidential Declaration, only two (2) operators on day shift and one (1) operator on evening and night shifts will be required. The contractor will be responsible for providing back-up coverage for unexpected staff absence. There should be no time when the switchboard does not have adequate staffing coverage or when calls go unanswered. The Contracting Officer Representative (COR) should be briefed on all changes or problems related to the coverage of this office. 1.4 Switchboard Coverage. The contractor will ensure that there is adequate coverage at all times, as defined in this Performance Work Statement, ensuring that a mechanism is in place for full coverage of the switchboard in accordance with contract specifications, in the event any employee is unable to report for duty as scheduled. The contractor must have back up plans and contingencies to prevent any lapse of coverage for any reason, such as but not limited to vacations, illness, inclement weather, flooding, and natural disasters. 1.5 Contractor's Responsibilities. The contractor's staff will be responsible for appropriate action related to, but not limited to, the following: 1.5.1 All emergency responses, i.e. "Code Blue" (cardiac), "Code Red" (Fire), and all other applicable codes and other announcements or codes related to bomb, fire, safety, or disaster plan incidents. Additionally, reporting the results of the codes to CAVHCS management. 1.5.2 Emergency Calls. Initiating cascade emergency calls to appropriate personnel to include the Director's staff, Help Desk personnel, or other staff. 1.5.3 Paging systems. Public address, Long Distance Pagers, and Radio paging, Testing Pager calls. 1.5.4 General Information, i.e., opt-out directory, operating and visiting hours; patient and/or employee locations; clinic and/or ward information; office locations, and other information required of operators. Vendor will provide work schedules to Business Management Service. 1.5.5 Long Distance. Placement of authorized long distance and overseas calls (upon approval by Service Chief). 1.5.6 Tracking Maintaining and keeping appropriate tracking records (code calls, Incident reports, pager reports, and other reports as necessary). 1.5.7 Meetings. Attend meetings and provide reports as necessary. 1.5.8 Information Security Guidelines. Strict adherence to Information security guidelines, privacy and confidentiality, the Privacy Act, as well as HIPAA (Health Insurance Portability and Accountability Act) regulations and guidelines such as the facility Opt-Out listing. 1.5.8.1 Information Security and Privacy Training. All Contractor employees shall complete the VA's on-line Security Awareness Training Course and the Privacy Awareness Training Course prior to initial hiring of employees and annually thereafter within 15 days of contract option expiration. Contractors shall provide signed certifications of completion to the COR during each year of the contract in addition to providing a signed Statement of Commitment and Understanding within the first 30 days of the period of performance for each employee. This requirement is in addition to any other training that may be required of the contractor. Failure to provide training certificate will result in termination of access to computer systems. 1.5.9 Office Security. Contractor must maintain office security at all times. No visitors are allowed in work area. 1.5.10 Key security. Maintenance, and Accountability. All government issued keys must be kept secured. Any lost keys must be immediately reported to the COR. 1.5.11 Essential Personnel. The telephone operators are essential employees. They must be here when scheduled, regardless of inclement weather or other limiting factors, and must remain at the switchboard during emergencies. 1.6 Personnel Requirements 1.6.1 Contractor Employees. The selection, assignment, reassignment, supervision, management and control of contractor employees in performance of this work statement will be the responsibility and prerogative of the contractor. However, the contractor shall comply with the general intent and specific policies set forth in the performance work statement, concerning conduct of employees as referenced herein. When the Government directs, the contractor shall remove from performance on the contract any person who is identified a potential threat to the health, safety, general well-being, or operational mission of the Medical Center and its population, or one who fails to respect the mission, vision and values of the Veterans Health Administration or the Department of Veterans Affairs. 1.6.2 Conflict of Interest. The contractor shall not employ any person who is an employee of the United States Government, if the employment of that person would create a conflict of interest. 1.6.3 Supervisor. The contractor shall assign a supervisor for the purposes of supervising, training, and developing of Standard Operating Procedures for contractor personnel and ensuring compliance with all provisions of this contract. Supervisor shall be available for all required meetings, administrative duties, managerial/supervisory duties, and other duties as required. The supervisor shall work in the switchboard office predominantly during regular working hours (Monday through Friday 7:30 am to 4:00 pm) and be available by telephone or pager to operators after regular working hours to include holidays for any problems, which may occur including staffing problems. The supervisor shall respond by phone within 60 minutes during off- duty hours. 1.6.3.1 Supervisor Coverage. When the supervisor plans to be absent for more than one 8 hour shift, the contractor or his/her designee will notify the COR, in writing or electronic mail, of who will be the stand-in representative during his/her absence. When the supervisor is absent for more than three consecutive working days, the contractor shall provide replacement supervision during this absence. The COR shall be notified at least one week in advance, in writing, of this substitution that will not interfere with agent staffing. The stand in shall be fully qualified to perform the supervision. 1.6.4.1 Telephone Operator Requirements. The operator must operate (cell phones, CAVHCS paging,) and/or monitor an electronic telephone attendant console, a personal computer (PC), radio paging system, 2-way radio, public address system, and other associated equipment. The Operator must be trained and have the ability to handle such conditions as emergency calls, medical emergencies, fire procedures, control groups, bomb threats, knowledge of the security alarms, disaster plan and other urgent matters as they arise. Temporary logs of all these incidents are kept on a daily basis. 1.6.4.2 Telephone Operator Knowledge. The operator must have knowledge of the Medical Center, the organizations and its outpatient's clinic. The operator must work independently, carrying out recurring duties following established policies and procedures. The operator must have the ability to problem solve and make decisions in emergency situations. 1.6.4.3 Switchboard Attendance. Under no circumstances will an operator leave the switchboard area unattended or unsecured. If his/her relief fails to report for duty as scheduled, he/she must stay and provide coverage until properly relieved by another person qualified to perform services under this agreement. Failure to maintain specific switchboard coverage by an employee may result in a request for removal of the employee. 1.6.4.4 Employee Training. No contract personnel shall be assigned to work under the contract until initial orientation and training as specified in Contractor's procedures manual. Supervisor must not allow new personnel to perform duties alone until he/she has received at least two days of On-The-Job Training (OJT) sessions. 1.7 Personnel Qualifications. 1.7.1 Supervisor. The Supervisor must have knowledge of the organizational units and major functions of a large, multi-division organization, and must have had one or more years of experience supervising, which involved organizing, directing and controlling staff. The supervisor must be experienced in maintaining discipline, devising work methods and assignments, establishing performance requirements, and in arranging work schedules to conform to peak telephone requirements for adequate service. The ability to communicate, comprehend, use grammar and pronunciation, and understand instructions, as well as to write legibly, is required. The Supervisor must be able to speak and understand English as a primary language with a high level of comprehension. 1.7.2 Telephone Operator. Must be able to assume the responsibility for placing a variety of special long distance calls (e.g. conference call, appointment calls) over varied circuits or routings, or performing information operator work, which requires extensive knowledge of the organization and operation of the medical center. Operators must have the ability to meet and deal with people from a variety of backgrounds with varying levels of understanding, work under pressure and stressful conditions and adapt to changing work condition. Telephone operator must be able to speak and understand English as a primary language with a high level of comprehension. Operators must have excellent customer service skills. 1.8 Quality Assurance. The Government will monitor the Contractor's performance under this agreement by observation, personal surveillance, random calls, traffic reports, and contact by the COR. All complaints, as well as compliments, by the staff, customers, and visitors will also be utilized as a means to measure performance. Additional, the Performance Requirement Summary will be used to monitor performance of this contract. 1.8.1 Contract Discrepancy Report. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting of the Contractor, Supervisor, CO and COR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes from this meeting. The Contractor, Supervisor, CO and COR will sign the minutes of these meetings. Should the supervisor not concur with the minutes and action taken at the meeting, he will state in writing to the CO any areas wherein he does not concur and explain the reason(s) for non-concurrence. The CO will notify the Supervisor in writing of his final decision. A dispute over the CO's decision will be handled in accordance with the Disputes clause in this solicitation. 1.9 Government Supervision. The contract is under the direction of the CO and COR. The COR is defined as a government employee who will serve as the Contracting Officer's Representative to ensure adequate performance for the Government. The Contracting Officer shall advise the contractor in writing of the extent of the COR authority and limitations. 1.10 Correspondence. All correspondence relative to this contract shall bear the VA contract number, title of SOW, and name and location of the medical facility and shall be addressed to the CO with copies going to the COR. 1.11 Conservation of Utilities. Personnel in Switchboard will contact Facilities to have heating, ventilation and air conditioning systems adjusted. Water faucets shall be turned off after use. 1.12 Safety and Fire Prevention -Government-Owned-Contractor Operated (GOCO). 1.12.1 Safety Enforcement. The Safety & Occupational Health Manager is the designated VA Safety Officer for this contract and is responsible for the enforcement of all safety regulations as they apply to the safety of VA and contractor employees, visitors, and patients. Violations will be submitted to the Contractor for immediate correction action. If corrective action is not instituted promptly, a copy of the COR report will be forwarded to the Department of Labor. These inspections do not relieve the contractor from full compliance with the contractor's responsibilities. 1.12.2 Contractor Safety Precaution Actions. In the performance of this contract, the contractor and their employees assigned duties at this medical center shall take any and all safety precautions necessary to protect the lives and health of occupants of the building. 1.12.3 Safety Inspection. Prior to Contractor occupancy, a joint inspection by the VA and the Contractor will be made and documented. The Contractor will not be held responsible for deficiencies, which predate occupancy of the area and are documented. The Contracting Officer may hold the Contractor responsible for future deficiencies. 1.12.4 Contractor/Compliance The contractor shall comply with the Federal, State, and local safety and fire regulation and codes identified in the Publications Section of this solicitation as mandatory. 1.13 Equipment. Damage, and Loss. The contractor shall be responsible for cost of repairs or replacement of Government owned equipment, fixtures, furnishings, architectural or building structures to their previously existing condition when the CO determines contractor liability. When the contractor has been found liable for damages or loss of Government property, performance may be determined unsatisfactory. 1.14 Personnel Identification and Uniforms. Contractor's personnel shall wear government-provided identification badges, which shall include employee's name and company name, while on duty. Contractor personnel will not be required to wear a distinctive uniform but should dress appropriately in compliance with facility dress policy. Attire must be clean, in good repair, and comply with the hospital dress code. The contractor's staff may, at their discretion, wear VA approved uniforms. 1.15 Personnel Rosters. Current written roster of all regular and alternate personnel, including operator number and tour of duty, will be provided to the COR one week prior to start of work week. Personnel not listed will not be allowed to work in the Medical Center. Visitors are not allowed in the work area. 1.18 Background Investigation. Upon contract award the contractor shall be required to accomplish the following background investigation. All contractor employees who require access to sensitive data shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement. The requirement is applicable to all subcontractor personnel requiring the same access. Contractor personnel may not begin performance until the background investigation is initiated. Background Investigations and Special Agreement Checks All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the performance work statement is low risk. This requirement is applicable to all subcontractor personnel requiring the same access. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days. 1.18.1 Position Sensitivity. The position sensitivity has been designated as low risk. 1.18.2 Background investigation. The level of background investigation commensurate with the required level of access. 1.18.3 Contractor Responsibilities 1.18.4 Responsibility for Cost. The contractor shall bear the expense of obtaining background investigations. 1.18.5 Required Information. The Contractor shall submit the following information to the contracting officer or COR for each employee working on the contract: Full name, date of birth, place of birth social security number, and e-mail address. Additionally, the contractor shall provide the name, address, phone number, and email address for the company's point of contact for processing the background investigation. 1.18.6 Unfavorable Investigation. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. 1.19 Continuity of Services. Upon expiration of this contract, the contractor shall give his best effort and cooperation to the successor. The contractor shall upon written notification by the Contracting Officer, provide phase-in, phase-out services for up to 60 days after this contract expires. An equitable adjustment to the contract price shall be negotiated between the government and the contractor for the additional work. 1.20 Miscellaneous 1.20.1 Food and Beverages Near Consoles. Drinking and eating will be permitted in the designated break area located in the office next to the switchboard room (away from the consoles), in the Canteen dining area, on the ground floor, or in approved vending areas throughout the facility. Smoking is not permitted in the building. Beverages shall not be allowed at or near the consoles. B-1 VA Handbook 6500 Appendix C MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX C C-1 VA INFORMATION AND INFORMATION SYSTEMS SECURITY/PRIVACY LANGUAGE 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. 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. VA HANDBOOK 6500.6 MARCH 12, 2010 APPENDIX C C-2 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX C C-3 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 VA HANDBOOK 6500.6 MARCH 12, 2010 APPENDIX C C-4 payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. 6. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other VA HANDBOOK 6500.6 MARCH 12, 2010 APPENDIX C C-10 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 SP/ the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (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); MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX C C-11 (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. VA HANDBOOK 6500.6 MARCH 12, 2010 APPENDIX C C-12 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 D 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 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.
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