Amendment 001 N/A Amendment 002 Extend Closing Date to 5/9/2025 at 10:00AM CST. Offerors are required to acknowledge this amendment by completing blocks 15A, B, and C of this form and returning one (1... Amendment 001 N/A Amendment 002 Extend Closing Date to 5/9/2025 at 10:00AM CST. Offerors are required to acknowledge this amendment by completing blocks 15A, B, and C of this form and returning one (1) copy with thier quote. See Line Items, adjusted for routes instead of individual locations. Add Line Item for Saturaday Route. Update SOW to add, "smoking is not permitted while elivery of medical supplies and lab specimens." ------------------------------------------------------ See attached performance work statement and RFQ for Courier Services for the Poplar Bluff, MO VAMC and its affiliated CBOCS. This is 100% set-aside for SDVOSB participation. In order to be considered responsive, offeror must provide the following with their quote: Signed 1449 Completed FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS (In Section E) Complete B.2 Schedule of Services and Price, responding to all CLINs Signed Clause 852.219-75
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This Sources Sought Notice is for planning purposes only and shall not be considered as an invitation for bid, request for quotation, request for proposal, or as an obligation on the part of the Gover... This Sources Sought Notice is for planning purposes only and shall not be considered as an invitation for bid, request for quotation, request for proposal, or as an obligation on the part of the Government to acquire any products and/or services. Your response to this Sources Sought Notice will be treated as information only. No entitlement to payment of direct or indirect costs or charges by the Government will arise because of contractor submission of responses to this announcement or the Government use of such information. This request does not constitute a solicitation for proposals or the authority to enter negotiations to award a contract. No funds have been authorized, appropriated, or received for this effort. The information provided may be used by the Department of Veterans Affairs in developing its acquisition approach, statement of work/statement of objectives and performance specifications. Interested parties are responsible for adequately marking proprietary or competition sensitive information contained in their response. The Government does not intend to award a contract based on this Sources Sought Notice or to otherwise pay for the information submitted in response to this Sources Sought Notice. The submission of pricing, capabilities for planning purposes, and other market information is highly encouraged and allowed under this Sources Sought Notice in accordance with (IAW) FAR Part 15.201(e). The purpose of this Sources Sought Notice announcement is for market research to make appropriate acquisition decisions and to gain knowledge of potential qualified Service-Disabled Veteran Owned Small Businesses, Veteran Owned Small Businesses, 8(a), HubZone and other Small Businesses interested and capable of providing the products and/or services described below. Documentation of technical expertise must be presented in sufficient detail for the Government to determine that your company possesses the necessary functional area expertise and experience to compete for this acquisition. Responses to this notice shall include the following: (a) Company Name; (b) Address; (c) Point of Contact; (d) Phone, Fax, and Email; (e) UEI Number; (f) Cage Code; (g) Tax ID Number; (h) Type of Small Business, e.g., Services Disabled Veteran Owned Small Business, Veteran Owned Small business, 8(a), HUBZone, Women Owned Small Business, Small Disadvantaged Business, or Small Business HUBZone business, etc.; (i) State if your business has an FSS contract with GSA, VA NAC, NASA SEWP, or any other federal contract, that can be utilized to procure the requirement listed below and provide the contract number; and (j) Must provide a capability statement that addresses the organization s qualifications and ability to perform as a contractor for the work described below. Requirement: The VA Heartland Network 15 Contracting Office located at 3450 South 4th Street, Leavenworth, KS, 66048-5055 is seeking a potential qualified contractor to provide an AUTOMATED SPECIAL STAINING INSTRUMENTATION LEASE & BULK REAGENT PURCHASE (i.e.: Artisan Link Pro Special Staining System & Artisan Reagents) for the Kansas City VA Medical Center, located in Kansas City, Missouri, and the John J. Cochran Veterans Hospital, located in St. Louis, Missouri. This is a brand name or equal requirement. Please see the Statement of Work for more specifics and details. The North American Industry Classification System Code (NAICS Code) is 492110 Couriers and Express Delivery Services), size standard 1,500 Employees. Based on this information, please indicate whether your company would be a Large or Small Business and have a socio-economic designation as a Small Business, VOSB or SDVOSB. Important Information: The Government is not obligated to, nor will it pay for or reimburse any costs associated with responding to this source sought synopsis request. This notice shall not be construed as a commitment by the Government to issue a solicitation or ultimately award a contract, nor does it restrict the Government to an acquisition approach. The Government will in no way be bound to this information if any solicitation is issued. Currently a total set-aside for Service-Disabled Veteran Owned Small Business firms is anticipated based on the Veterans Administration requirement with Public Law 109-461, Section 8127 Veterans Benefit Act. However, if response by Service-Disabled Veteran Owned Small Business firms proves inadequate, an alternate set-aside or full and open may be used. Responses to this notice shall be submitted via email to Maria Espinosa at maria.espinosa@va.gov. Telephone responses will not be accepted. Responses must be received no later than Tuesday 12, 2024, at 8:00AM CST. If a solicitation is issued it shall be announced at a later date, and all interested parties must respond to that solicitation announcement separately from the responses to this sources sought. Responses to this sources sought notice are not a request to be added to a prospective bidders list or to receive a copy of the solicitation. Statement of Work 36C255-24-AP-3913 Courier Services 1. Scope: Contractor shall furnish all vehicles and personnel necessary to perform Courier Services in strict accordance with all terms, conditions, provisions, and specifications of this solicitation between the John J. Pershing VA Medical Center (located at 1500 North Westwood Blvd, Poplar Bluff, MO 63901, Community Based Outpatient Clinics (CBOC) and VA Admin Building at: VA Clinic, 2420 Linwood Dr. Suite 3, Paragould AR 72450 VA Outpatient Clinic, 1801 E. State Route K, West Plains, Mo 65775 VA Clinic, 1580 W Columbia, Farmington Mo. 63640 VA Clinic, 711 South Mount Auburn Road, Cape Girardeau, MO 63703 VA Clinic, 903 S. Kings Highway, Sikeston, MO 63801 VA Clinic, 300 Camp Road, Pocahontas, AR 72455 VA Admin Building, 2965 Kanell Blvd, Poplar Bluff, MO 63901 VA Clinic, 915 N. Grand Blvd, St. Louis MO 63106 On the billing we would like to see one price for trips that are combined, Cape and Sikeston, Paragould, Pocahontas, and Cripple Creek. The small will be for any that may be combined in the life of this contract. Line Item Description Quantity Unit 0001 STAT Route TRANSPORT PATIENT LAB SPECIMENS TO AND FROM LOCAL FACILITIES WITHIN 30 MILE RADIUS OF POPLAR BLUFF. THIS IS A ON CALL 24 HOUR, 7 DAYS A WEEK, 365 DAYS A YEAR. 45 MINUTES RESPONSE TIME. 40 EA 0002 Route A PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN CAPE GIRARDEAU, MO AND SIKESTON, MO. (This will be a single trip covering both CBOCs) 52 WK 0003 Route B PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN PARAGOULD, AR AND POCAHONTAS, AR. COURIER WILL GO TO CRIPPLE CREEK OFFICES LOCATED AT 2965 KANELL BLVD, POPLAR BLUFF, MO DELIVER MAIL AND OTHER SUPPLIES, THEN BRING ITEMS BACK TO THE VA, THEN GO TO THE CBOC'S. (This will be a single trip covering all locations) 52 WK 0004 Route C PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN WEST PLAINS, MO. 52 WK 0005 Route D PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN FARMINGTON, MO. 52 WK 0006 Route E PROVIDE COURIER SERVICE FROM POPLAR BLUFF TO CAPE HCC TO JOHN COCHRAN VAMC, ST. LOUIS MO 63106. THIS ROUTE IS LAB SPECIMENS/TESTING ONLY, COOLERS AND SUPPLIES WILL BE RETURNED TO PB THE NEXT BUSINESS DAY. 52 WK Period of Performance: Base year +4 Option Years Base Year: (3/1/2025 2/28/2026) Option Year 1: (3/1/2026 2/28/2027) Option Year 2: (3/1/2027 2/29/2028) Option Year 3: (3/1/2028 2/28/2029) Option Year 4: (3/1/2029 2/28/2030) Description Base Year To/From Poplar Bluff VA to Paragould/Cripple Creek VA, AR (249 trips) To/From Poplar Bluff VA to West Plains, MO (249 trips) To/From Poplar Bluff VA to Farmington, MO (249 trips) To/From Poplar Bluff VA to Cape Girardeau, MO (249 trips) To/From Poplar Bluff VA to Sikeston VA, MO (249 trips) To/From Poplar Bluff VA to Pocahontas, AR (249 trips) To/From Poplar Bluff VA to VA Admin Bldg., MO (249 trips) To/From Poplar Bluff VA to St. Louis, MO (249 trips) Services shall include the transportation of all laboratory specimens (blood/body fluids), mail, office supplies, documents, medical records, x-rays, medical, pharmaceuticals (non-narcotics) and prosthetic supplies, all medical supplies will be in totes, all other hand carried materials or items capable of being carried by a two wheeled cart. Some medical supplies could be blood pressure machines that are on a stand, walkers, wheelchairs. There is time that we do send refreshment and other food items to the areas and this needs to be transported as well. Contractor shall furnish all equipment, vehicles, fuel, labor, meals, lodging, and relating items in conjunction to the performance of courier services. Services shall be provided daily, Monday through Friday, except for Government Holidays. Pick up lab specimens and take to another facility within 30-mile radius. This will be on an as needed basics. Response time to the facility will be within 45 minutes to pick item up that needs to be transported. 2. Some specifications on items to be transported: Laboratory specimens in a climate-controlled environment throughout transportation. The temperature control environment should have the availability for <0°C for frozen specimens, 2-10°C for refrigerated samples, and15-30°C for room temperature samples, with records available of monitoring for laboratory inspections. VA Lab is to provide the coolers that are climate controlled. Laboratory specimens, i.e. body fluids, will be properly packaged by VA personnel for transportation and will be placed in containers that meet all regulatory requirements for category B biological specimens provided by the contractor. Medications in a climate-controlled environment throughout transportation. The temperature control environment should have the availability for refrigerated medications 36 to 46°F and 68 to 77°F for room temperature medications, with records available of monitoring for medications, if indicated. VA Pharmacy is to provide the coolers that are climate controlled which are to be returned upon courier return to facility. Supplies in envelopes approximately 8 x 11 , 10 x 14 , and boxes approximately up to 27/12 L x 21 1/2 W x 16 H. Occasionally, containers may be larger or in bags. There will be locked mail bags that will be transported to and from the areas. The couriers are to ensure the bags are locked before they accept them. If they are not locked, they will need to refuse them and call the COR. All items above are to be transported the day they are ready to go out, so the courier needs to have an appropriate size vehicle to accommodate. Additional trips because of lack of vehicle size will be at the expense of the contractor. Recommend a mid-size SUV or Mini-Van for transporting supplies except for the John Cochran trip. 3. Response Time and Days of Service: Contractor s employee shall report to the John J. Pershing Laboratory and warehouse (building 23) daily (Monday thru Friday) to pick up all items ready for shipment. Items shall be picked up by 10:00 am and delivered to the CBOC between 1 to 2 pm the same day. There will be an exception with the Cripple Creek, Pocahontas, and Paragould area as the courier must pick up the mail from the mail room and items from the warehouse to go to Cripple Creek then bring items back before he/she goes to Paragould and Pocahontas CBOC s. The Contractor will have a mechanism for tracking deliveries. If items are not delivered to the CBOC, and there is documentation of pickup through Contractor s employee signature, then Contractor shall be required to return for items not delivered with no additional charges to VA. All items coming from the CBOC s to John J. Pershing VA (JJPVAMC) will be delivered to Lab, Logistics warehouse or Logistics area, mail room or anywhere else they need delivery to no later than 5 pm the same day. If there are issues, the courier will call the COR or Logistics and let them know so the areas such as Lab or the CBOC s know and can plan accordingly. New Year s Day, Martin Luther King Jr., President s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas. Pickup services will not be required for the CBOCs for these Federal Holidays. The Contractor shall call and verify days around the major holidays. 4. Lost, Stolen or Damaged Items: Contractor shall make all reasonable provisions to protect items being transported against loss. Should an item be lost or stolen while in the Contractor s possession, the Contractor shall reimburse JJPVAMC for the cost of the package or envelope and its contents. Should an item become damaged beyond use, the Contractor shall reimburse JJPVAMC for the cost of the item. 5. Contractor Qualifications: The Contractor shall have all necessary licenses and follow all applicable federal, state and/or local regulations regarding the requested transportation services. Contractor shall be established in the business called for and be financially responsible. Contractor shall have the necessary equipment and personnel to furnish the service in the volume and consistency required. Contractor is required to provide specific training to their employees on proper requirements for shipping and transportation of biological specimens and provide documentation to JJPVAMC as requested. Upon award of contract, Contractor shall provide a list of personnel to contact in case of emergency. The list shall include names, phone numbers and pager numbers. The vehicle and storage areas in the performance of this contract shall be licensed and meet any minimum applicable requirements mandated by the State of Missouri and Arkansas. The vehicle shall be clean, and no passenger or animals allowed during transport of any John J. Pershing VA Medical Center items. 6. Point of Contact: Inventory Manager Specialist, COR for this contract (phone number). 7. Invoices/Billing: The Contractor shall furnish a detailed invoice indicating work performed with an itemized listing of all associated costs, monthly in arrears. Invoices shall be submitted to: Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin, TX 78714-8971 Payment will be withheld pending receipt of a properly prepared invoice. The invoice must contain, at a minimum, the following information: The date of work completed. Contract Number assigned. Purchase Order number. 8. Special Requirements: Qualification of Offerors: Offers will be considered only from offeror who are regularly established in the performance of courier services or are able to perform such services and who, in the judgment of the contracting officer, 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. The Offeror shall be licensed by the State or Local health authority in those localities where licenses are required. Inspection of Offeror s Facilities: The Contracting Officer or his/her designee reserves the right to thoroughly inspect and investigate the Contractor s establishment, facilities, business reputation, and procedures for carrying out the work/services of this contract to assure acceptable performance and compliance with the terms and conditions of this contract. At any time, the courier s vehicles can be inspected to ensure they are meeting the John J. Pershing VA requirement as stated above. Call-Back Requirement: The Contractor shall within thirty (30) minutes after receipt of notification by the COR or his/her designee, re-perform the services of this contract when it is determined that unsatisfactory performance has been received, at no additional charge to the Government. Required Contractor Reporting: Contractor shall be responsible for supplying, completing, and submitting all reports required and or requested by any Federal, State, and or Local government agency, as required by laws, ordinances, and/or regulations, that pertain to the supplies and services provided under this contract. All correspondence relative to this contract (i.e. invoice, inquiry, etc.) shall contain the contract number, facility name, and description of services performed. Contractor s Employees: Contractor s employees, while performing the services of this contract, shall conduct themselves in a professional businesslike manner. The CO reserves the right to restrict any contractor employee from performing the services of this contract with the determination made in writing. The Government shall be the sole judge for this determination, which shall be provided in writing to the contractor. Smoking is not permitted in or on any government property. Vehicle operations shall observe and abide by all signage, speed limits, pedestrian right-of-way, emergency vehicle right-of-way, and designated roadways to collection sites. Interruption of Work: Contractor s personnel shall be required to interrupt the performance of the services of this contract at any time to prevent the interference of operations of the Medical Center, to include the right of way passage for patients, staff, personnel, visitors, equipment, carts, fire protection systems, emergency vehicles, and utility services. Contractor shall provide and maintain training for its employees in appropriate safety and packaging procedures suitable to specimen type and distances transported. This should include issues such as adherence to regulations for transport of biohazards, use of rigid containers where appropriate, temperature control, notification procedures in case of accident or spills, etc. Upon request by the Contracting Officer Representative (COR) or designee, contractor shall provide documentation certifying that training has been provided to contractor s employees. Reference: International Air Transport Association (IATA) Dangerous Goods Regulations and US Department of Transportation Transporting Infectious Substances Safety, guide to 10/1/2006. Upon request of the Contracting Officer, offeror shall be able to show evidence of his/her reliability, ability, and experience by furnishing a list of personnel who will perform under this contract, showing the length and type of experience. Ability to meet the foregoing experience requirements and the adequacy of the information submitted will be considered by the Contracting Officer in determining the responsibility of the offeror. The contract resulting from this solicitation has been identified as requiring a Business Associate Agreement as defined in Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191. A sample template of this agreement is enclosed herein and identified as Attachment III. Contractor shall have back up/contingency plan for disasters, emergencies, call in to ensure they can meet the needs of John J. Pershing VAMC 9. Service Contract Act of 1965: All service employees who will be employed in the performance of the contract awarded as a result of this solicitation shall be paid no less than the wages shown on the Wage Determination which is incorporated and made a part of this solicitation and resulting contract. 10. The Joint Commission Competency Requirements: The Contractor shall be responsible to ensure that contractor employees coming to the work site shall receive the information required to perform their duties. Contractor shall attend a pre-work orientation meeting prior to the commencement of work on site. This training will be documented and updated yearly. The VA shall schedule this meeting and it shall include discussion of the following topics: (VA shall provide information to the contractor regarding these topics and shall document the meeting.) Fire and Safety Infection Control Disaster Procedures Privacy and HIPPA Training Other Contractor shall be responsible to ensure that Contractor s employees coming to work site shall receive the information above. Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work. 11. VISN 15 Personal Security Verification (PIV) Card and/or Security Badge Requirements for Contractor Employees: Definitions. As used in this clause Access means routine, unescorted physical entry into, and to the extent authorized, mobility within a government facility. Also, it means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information technology. Contractor employee means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities. Facility and Government facility mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the federal government. Information technology means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major systems/applications and general support systems as defined by OMB Circular A-130, owned by VA or owned and operated on VA s behalf by another party. Access to VA Facilities or Systems. (1) General. The performance of this contract requires contractor employees to have routine, unescorted access to VA facilities. All such employees who do not already possess a current Security Badge or PIV Card acceptable to VA shall be required to provide personal information, undergo an FBI National Criminal History Fingerprint Check, and obtain a Security Badge or PIV Card prior to being permitted access to any such facility in performance of this contract. No contractor employee will be permitted routine, unescorted access to a VA facility without a proper Security Badge or PIV Card. (2) Citizenship-related requirements. If required by the contract, each affected contractor employee as described in paragraph (a) shall be a United States (U.S.) citizen. Otherwise, each affected contractor employee as described in paragraph (a) shall be: A United States (U.S.) citizen; or A national of the United States (see 8 U.S.C. 1408); or An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I 151. (3) Background information. Each contractor employee that has access to VA facilities or systems shall complete the attached Special Agreement Check (SAC) worksheet and deliver to the VA office responsible for fingerprinting and processing contractor employees. The Contracting Officer s Representative will provide instructions to the contractor regarding the local procedures for fingerprinting and obtaining a Security Badges or PIV card. After completion of the fingerprint check, the Contracting Officer Representative will notify the contractor in writing or by phone if any contractor employee is determined to be unsuitable to be given access to a government facility or VA system. If so notified, the contractor shall not allow such employees to perform work on this contract. (4) Security Badge or PIV Cards. VA will issue a Security Badge or Non-PIV Card to each contractor employee who is to be given routine, unescorted access to VA facilities or access to VA systems and does not already possess a Security Badge or Non-PIV VA will not issue the Security Badge or Non-PIV Card until the contractor employee has successfully cleared the FBI National Criminal History Fingerprint Check. Security Badge or Non-PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their Security Badge or Non-PIV Cards on their persons at all times while working in a VA facility and shall present their cards for inspection upon request by VA officials or VA security personnel. The contractor shall be responsible for all Security Badge or Non-PIV Cards issued to the contractor s employees and shall immediately notify the Contracting Officer Representative if any Security Badge or Non-PIV Card(s) cannot be accounted for. The contractor shall notify the Contracting Officer Representative immediately whenever any contractor employee no longer has a need for his/her VA-issued Security Badge or Non-PIV Card (e.g., employee terminates employment with the contractor, employees duties no longer require access to VA facilities). In such cases, the Contracting Officer Representative will instruct the contractor on how to return the Security Badge or Non-PIV Card. Upon expiration of this contract, the Contracting Officer Representative will instruct the contractor on how to return all VA-issued Security Badge or Non-PIV Cards not previously returned. The contractor shall not return Security Badge or Non-PIV Cards to any person other than the individual(s) named by the Contracting Officer Representative. (5) Control of access. VA shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to VA facilities and systems. The Contracting Officer will notify the contractor immediately when VA has determined that an employee is unsuitable or unfit to be permitted access to a VA facility or system. The contractor shall immediately notify such an employee that he/she no longer has access to any VA facility or system, shall retrieve the employee s Security Badge or Non-PIV Card from the employee, and shall provide a suitable replacement employee in accordance with the requirements of this clause. The Government may not be able to give the contractor the reason for requiring the removal of the unsuitable contractor employee. The Government shall not be responsible for any costs incurred by the contractor as a result of removing such employee from the subject contract. (6) Termination. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for default. 12. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS 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 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. 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). If VA determines that the contractor has violated any of the information confidentiality, privacy, security, and other 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. 4. 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 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. 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. 5. 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. 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. Each risk analysis shall address all relevant information concerning the data breach, including the following: Nature of the event (loss, theft, unauthorized access); Description of the event, including: Date of occurrence; Data elements involved, including any PII, such as full name, social security numb...
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