36C10D24Q0135.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

VA

36C10D24Q0135 04-16-2024 Scott Cole (414)-902-1207 05-03-2024

3:00 PM

CDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006 X X 561990 $16.5 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Detroit VBA Regional Office 477 Michigan Ave.

Detroit

MI

48226 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

See invoice instructions in Section A.3

See CONTINUATION Page Document Destruction Services at the Detroit VBA Regional Office in Detroit, MI.

See CONTINUATION Page X X Scott Cole Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Scott Cole Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.3 INVOICE INSTRUCTIONS

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made upon delivery and acceptance in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract Number.

All invoices need to also be submitted using the same line-item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

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SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Final destruction of five (5) - 96 gallon bins of temporary records per the attached SOW.

Contract Period: Base POP Begin: 05-13-2024 POP End: 05-13-2025 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

LOCAL STOCK NUMBER: 1

Final destruction of five (5) - 96 gallon bins of temporary records per the attached SOW.

Contract Period: Option 1 POP Begin: 05-14-2025 POP End: 05-14-2026 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

Final destruction of five (5) - 96 gallon bins of temporary records per the attached SOW.

Contract Period: Option 2 POP Begin: 05-15-2026 POP End: 05-15-2027 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

Final destruction of five (5) - 96 gallon bins of temporary records per the attached SOW.

Contract Period: Option 3 POP Begin: 05-16-2027 POP End: 05-16-2028 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

Final destruction of five (5) - 96 gallon bins of temporary records per the attached SOW.

Contract Period: Option 4 POP Begin: 05-17-2028 POP End: 05-17-2029 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

NOTE: Any quantities that are stated as estimated quantities are not-to-exceed line items. The contractor shall only be paid for actual quantities/services rendered. No adjustment to quantities, estimated or otherwise, shall be made without an official purchase order modification. The schedule represents the quantities estimated to be ordered over the delivery period. If the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, the contracting officer will consider an adjustment in the purchase order price, which may be executed with a unilateral modification.

36C10D24Q0135

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B.2 STATEMENT OF WORK

Veterans Benefits Administration (VBA) Statement of Work Onsite Document Destruction Services, Detroit Regional Office (RO)

1. BACKGROUND

The Veterans Benefits Administration (VBA) Department of Veterans Affairs provides services to Veterans. Sensitive documentation created while carrying out the mission must be properly disposed. The VBA requires on-site shredding services for proper document disposal at the VBA Detroit Regional Office (DRO) located at 477 Michigan Ave; Detroit, Michigan 48226.

2. SCOPE

The contractor will provide all labor and equipment required to properly shred materials which may include paper and other non-paper materials. Other non-paper materials means: the material may be film, disk, or another computer-readable physical type or form. It also means that the method of recording may be manual, mechanical, photographic, electronic, or any combination of these or other technologies. {44 U.S.C. 3301} The quantity of monthly non-paper shred material at the DRO is anticipated to be negligible.

The contractor will be responsible for final disposition of all shredded materials at the DRO. All shredding will take place in accordance with this Statement of Work and all applicable regulations and directives.

The contractor will provide the Detroit VBA Regional Office with at least (5) five 96-gallon, secure containers (bins) to collect and store materials to be shredded until such time that shredding of the materials occurs. The contractor will provide bins that have wheels, can hold an average of 300 lbs. (96 gallons), possess locking mechanisms, and utilize a keyed lock. All containers will use the same key lock and key code. Sets of keys for all bin locking mechanisms will be issued to the DRO Records Management Officer (RMO).

The government will designate the secured office workspace where the bins will be stored.

3. TYPE OF CONTRACT

The contractor will invoice only for those bins the DRO presents for emptying at each biweekly pickup. The contractor will allow cancellation of any biweekly pickup, with no charge to the Government, as long as 48 hours’ notice or more is provided by the Government to the contractor. Notice will be in the form of an email to the contractor’s point of contact.

4. PERIOD OF PERFORMANCE:

The base year period of performance will be (12) months with four (4) option years.

Work at the government site will not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO) or RMO/Alternate RMO.

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5. PLACE OF PERFORMANCE

Department of Veterans Affairs 477 Michigan Ave Detroit, Michigan 48226

6. HOURS OF OPERATION

The contractor will normally shred materials on a biweekly basis, on a Monday through Friday between 8:00 am and 1:00 pm, Eastern Standard Time (EST).

The driver will contact the RMO or designated representative at least one hour prior to arrival at the shred material pick up location by calling the RMO’s direct extension.

Any additional service requests from the RMO or designated representative will be accomplished within forty-eight hours after the contractor has been notified.

Unless directed by the RMO, or alternate RMO, work at the site will not take place on Federal Holidays or weekends. There are eleven (11) Federal holidays: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

If a Federal Holiday falls on a day scheduled for shredding, the shredding will resume the next official workday between the scheduled hours as per each location.

7. DESTRUCTION OF TEMPORARY PAPER RECORDS

Not all VA data contained in temporary paper records is sensitive, however, sensitive data that is contained in temporary paper records often are Personally Identifiable Information (PII), Protected Health Information (PHI), and VA sensitive information. Regardless of whether the temporary paper records contain PII, PHI, or VA sensitive information, they must be handled and disposed of properly. Temporary paper records will be disposed of securely, economically, and effectively in accordance with applicable disposition instructions. Sensitive information that is not disposed of properly could result in harm to the DRO and/or to subject individuals. Wherever feasible, temporary records should be recycled, while still meeting the requirements for final destruction as outlined in VA Directive 6371. Procedures for the destruction of temporary paper records including those temporary records that contain sensitive information, and the minimum set of standards that information destruction contractors (and their subcontractors or third parties) must meet are contained in the latest version of VA Directive 6371.

Certification of Destruction:

At a minimum, the contractor will conduct on-site destruction of VA paper and non-paper temporary records. “On-site destruction” means the contractor destroys the temporary records at the place of performance identified in section 5 in accordance with the terms “interim destruction” or “final destruction” as defined in VA Directive 6371. The contractor must provide the RMO a certificate of destruction that attests to the completion of the on-site destruction process of VA temporary paper records. The certificate of destruction is due immediately after the on-site destruction. The certificate of destruction can be in the form of a letter, memo, or any format attesting to destruction. The contractor may also use the attached certificate of destruction found in Appendix A of this SOW to meet the

Page 1 of Page 1 of requirements. The certificate of destruction is considered a provisional certificate of destruction if completed and submitted prior to the final destruction of the temporary records. “Final destruction” is defined by VA Directive 6371 and iterated below. If final destruction of the records did not occur at the on-site location, identified in section 5, a final certificate of destruction must be submitted to the RMO as written evidence of the temporary records’ final destruction by the contractor. The final certificate of destruction, if necessary, must be submitted to the RMO within 30 days of the pickup date.

The certificate of destruction will contain, at a minimum: pickup location, pickup date, name of DRO VBA contact (i.e., RMO), date of destruction, name of contractor employee who destroyed the material, date of destruction, method of destruction, location where the records were destroyed, number of temporary records destroyed in number of containers picked up and pounds destroyed & type of temporary records were destroyed. The written documentation must read “Interim Destruction” or “Final Destruction” depending on which is applicable.

If the final destruction is completed by an information destruction contractor, then the written Certification of Destruction is completed by the information destruction contractor.

If the final destruction is completed by a subcontractor to the information destruction contractor, then the written Certification of Destruction is completed by this third party or by the information destruction contractor with assurance from the third party that final destruction was completed. The assurance can be in general terms describing the destruction method, date of destruction and amount destroyed, i.e., 75 bales of shredded material.

Certificates of destruction from information destruction contractors must be maintained in accordance with applicable VA Records Control Schedules

A Certificate of Destruction must be submitted for every shipment of temporary paper records to establish a written chain of custody for the records.

Final Destruction:

Final destruction is the process through which temporary paper records are pulped, macerated, shredded or otherwise destroyed to a degree that definitively ensures they are not readable or reconstructable to any degree. If this final destruction is performed away from the DRO it must be performed by an information destruction contractor (or its subcontractor of a third party) who has demonstrated that:

(1) Its destruction process constitutes final destruction as defined in VA Directive 6371; and

(2) It has implemented reasonable physical safeguards to protect VA temporary paper records during their transportation, transfer, or short-term storage prior to the completion of their final destruction. Long-term storage (e.g., more than 30 days) must be approved in advance and in writing by the VA organization that generated the temporary paper records.

Interim Destruction:

The contractor will, at a minimum, perform on-site interim destruction of the VA shred material it picks up at the Regional Office. Interim destruction is any physical destruction process that substantially

Page 1 of Page 1 of reduces the risk that PII, PHI, or other VA sensitive information will be disclosed during transport and short-term storage (i.e., less than 30 days) of temporary paper records but does not meet the requirement of final destruction as defined in VA Directive 6371. Interim destruction is a reasonable physical safeguard that affords an additional layer of security for temporary paper records once they are identified for destruction. It is generally accomplished through maceration, chopping, pulverization, or shredding where these processes do not render the material unreadable or where the material could be reconstructed.

Interim destruction must be completed prior to the contractor departing the Regional Office and carried out by either:

a. A National Association for Information Destruction (NAID) certified, bonded, and insured contractor (and its subcontractors or third parties) for paper/printed media destruction who has contracted to provide sufficient reasonable safeguards to protect the temporary paper records until final destruction has been completed; or

b. A non-NAID-certified contractor (and its subcontractors or third parties) who can satisfy the standards outlined in VA Directive 6371, Appendix A.

Methods of interim destruction carried out by an information destruction contractor must be witnessed by a VA employee or, if authorized by the VA organization that created the temporary paper records, a contractor (or subcontractor or third party) employee may act as witness. If a contractor (or subcontractor or third party) employee is the witness, then that individual must, prior to departing the VA location, provide the designated VA representative with documentation that acknowledges receipt of the temporary paper records and a certificate of completion of interim destruction.

Although lesser destruction measures (e.g., interim destruction) may be taken prior to the secure transport of temporary paper records, final destruction of the records must ensure the information on the temporary paper record is not readable or reconstructable to any degree. If final destruction is not carried out by VA employees, then the final destruction must be witnessed by a VA employee or, if authorized by the VA organization that created the temporary paper records, a contractor (or subcontractor or third party) employee may serve as witness. If final destruction is not carried out by VA employees, it must be carried out by either:

a. A NAID certified, bonded, and insured contractor (and its subcontractors or third parties) for paper/printed media destruction; or

b. A non-NAID-certified contractor (and its subcontractors or third parties) who can satisfy the standards outlined in VA Directive 6371, Appendix A.

If the final destruction is witnessed by a contractor (or subcontractor or third party), then the contractor must submit a valid Certificate of Final Destruction to the VA organization that created the temporary paper records.

If one or more subcontractors (or third parties) handle VA temporary paper records before final destruction, then the contractor will require documentation in any and all subsequent contracts or agreements between the primary information destruction contractor and their subcontractors or third parties that the subcontractors or third parties will provide sufficient reasonable safeguards for the temporary paper records, to the same standards required of the primary contractor, throughout the destruction process.

Page 1 of Page 1 of The assigned Records Manager for the VA organization that created the temporary paper records must review all contracts related to the destruction of temporary paper records to ensure the requirements of VA Directive 6371 are satisfied.

Readable:

Printed data is readable when strategies can be used to assist with decoding (the translation of letters into sounds and/or visual representations of speech) data and arriving at comprehension through the use of morpheme, semantics, syntax, and contextual clues to integrate the information they have read into their existing framework of knowledge in order to arrive at a meaning.

Reconstructable:

Printed data is reconstructable when methods can be employed to reassemble the various portions of material in such a fashion that data can be decoded as to make it readable so that meaning can be derived from the data found on the media.

8. PERFORMANCE OUTCOMES – OBJECTIVES

· The contractor will arrive with equipment capable of picking up, loading, and completing onsite destruction of the material contained within the contractor provided shredding bins at the Regional Offices services by the contractor.

· The contractor will shred paper documents and media in accordance with the latest version of VA Directive 6371, Destruction of Temporary Records.

· The contractor’s owned and operated equipment will comply with industry standards for cross-cut or double-cut shredding. The final product, if not recycled, will be disposed of by pulping, macerating, shredding, burning, or otherwise definitively destroying the information contained in the material. Interim shred will be of such size as to not be easily reconstructable or readable prior to leaving the VBA facility.

· The contractor will provide the RMO/Alternate RMO/RMT a written “Certificate of Destruction” in accordance with the latest version of VA Directive 6371, Destruction of Temporary Records.

· If “Final Destruction” is not completed on-site at the time of shredding service, the contractor will provide the RMO/Alternate RMO, within 30 days of pickup, a final “Certificate of Destruction”.

· At the end of each calendar month, the contractor will provide the RMO with an invoice detailing the number of bins that were collected, weight, date(s) the shredding services were performed, and total cost/value of the provided services.

· The RMO/Alternate RMO/RMT will always escort the contractor throughout the building. At no point will the contractor be by his or herself.

CONSTRAINTS

· Contractor will be capable of shredding approximately 30,000 pounds per year at the DRO.

· Contractor owned and operated equipment will be capable of cross cutting or double-cut shredding. The final product, if not recycled, will be disposed of by pulping, macerating, shredding, burning, or otherwise definitively destroying the information contained in the material. Interim shred will be of such size as to not be easily reconstructable or readable prior to leaving the VBA facility.

· Contractor will allow for on‐site vehicle inspection of shredded items for compliance of VA Policy. The RMO/Alternate RMO/RMT must witness the destruction of documents and media.

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· Contractor will allow for inspection, upon request by a VA representative, of the contractor facilities or other locations that are used by the contractor and/or subcontractor(s)/third party(ies) for completing the services requested at least annually if requested.

· Contractor is responsible for safeguarding documents until final destruction and will provide safeguard addendums to the service contract as required by Directive 6371.

· Contractor must maintain a physical chain of custody that will never be broken while conducting shredding/destruction services, while transporting material, and while storing material.

· Subject to criminal prosecution, contractor personnel will comply with all manner of confidentiality when engaging in the destruction of all VBA temporary records per the latest version of VA Directive 6371, Destruction of Temporary Paper Records.

· Any contractor personnel found to be reading any VBA material will be promptly removed from the premises where the job is being performed, and the person(s) involved will not be allowed to have access to any future service requests at VBA locations.

· All contractor employees that will handle VA Sensitive Information will be required to complete and adhere to the terms of TMS course 10176, VA Privacy and Information Security Awareness and Rules of Behavior, for safeguarding of VA Sensitive Information. Prior to the start of work, the contractor will submit to the CO a signed copy of the Rules of Behavior for each employee who will handle VA Sensitive Information in the performance of the contract. The contractor will also provide the CO a list of those employees that have reviewed the Rules of Behavior at the beginning of the contract, whenever there is a change to the employee list, or at least annually. The Department of Veterans Affairs online Information Security Rules of Behavior training TMS course 10176 at https://www.tms.va.gov will be completed by all contractor/subcontractor personnel handling shred material before services can begin. The training certificates will be provided to the Contracting Officer’s Representative.

· All contractor vehicles utilized in the performance of this contract will maintain insurance (mandatory minimum coverage required by State of Michigan) and will maintain current state vehicle registration. The contractor, or contractor employees, while performing under this contract, will not use personal vehicles to transport containers to and from the Government and contractor’s site. The contractor will ensure all contractor vehicles utilized for the performance of this contract are kept in proper working condition. The contractor will keep vehicles locked and properly secured at all times while at the Government site or in route to and from the contractor’s site.

· The contractor will adhere to the VBA policies applicable to all record destruction as outlined in VA Handbook 6300, Records and Information Management, VA Directive 6371, Destruction of Temporary Paper Records, and VBA Letter 20-21-04, Records and Information Management. These guidelines are designed to protect sensitive and private information from being disclosed to unauthorized parties and adhere to the Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA), Privacy rules and regulations. Examples of sensitive information include but are not limited to personally identifiable information (PII), protected health information (PHI), benefits, VBA sensitive information, personnel and or personal information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information.

· For instances where equipment malfunction occurs during the shredding process, the contractor will immediately provide to the RMO a contingency plan to ensure completion of the shredding within twenty-four work hours.

· The contractor will maintain a current listing of employees/subcontractor employees handling shred material. The list will include the employee’s name, address, phone number, level of security, and position held. The list will be validated and signed by the company Facility Security Officer and provided to the RMO. An updated listing will be provided when an employee’s status or information changes. The contractor has twenty-four hours to inform the RMO, in writing that the employee does not work for them due to termination, transfer, suspension, or extended absence from the employer’s duty position. If the employee is reinstated a written notification must be provided to the RMO.

· Contractor/subcontractor staff will comply with Homeland Security Presidential Directive-12 (HSPD-12), NIST 800-53, Office of Management and Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing standards Publication (FIPS PUB) Number 201, as amended.

· Contractor personnel will immediately report to the RMO and provide any information or circumstances of which they are aware may pose a threat to the security of Department of Veterans Affairs’ personnel, contractor personnel, resources, classified, and unclassified information.

· Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or their contractor-owned or privately-owned vehicle while on VBA premises and locations.

· If the RMO finds it in the best interest of the Government he/she may at any time during the performance of this contract order the contractor to remove any of his/her personnel from further performance under this contract for reasons of their moral character, unethical conduct, security reasons and violation of on-site building rules. In the event it becomes necessary to replace any contractor personnel for any of the above reasons, the contractor will bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. These charges will not be chargeable to the Government.

· In the event of an accident on the Department of Veterans Affairs premises or locations involving Government personnel or property, the contractor will submit a report immediately to the RMO on company letterhead that will include the following:

(1) the time and date of occurrence;

(2) the place of occurrence;

(3) a list of personnel directly involved; and

(4) a narrative or description of the accident to include chronological order of the accident and circumstances.

· The contractor will not hold any discussions or release any information related to the contract to anyone not having a direct interest in performance of this contract, without written consent of the RMO. This restriction applies to all news releases of information to the public, industry, or Government agencies.

· The contractor will not advertise information about projects performed for this contract without Government review and approval. Advertisement is considered but not limited to promotional brochures, posters, tradeshow handouts, world-wide-web-pages, magazines, newspapers, and similar promotions.

· All work is to be performed by competent personnel, experienced and qualified to provide services. Contractors will keep all VA records and related information strictly confidential. Contractor/subcontractor personnel will wear identifying clothing and name badges while performing any tasks at VBA Regional Offices.

Page 1 of Page 1 of Changes to the Statement of Work (SOW) Any changes to this SOW will be authorized and approved only through written correspondence from the Contracting Officer (CO). Costs incurred by the contractor through the actions of parties other than the Contracting Officer will be borne by the contractor.

Billing / Invoices

Invoices will be paid monthly, 30 days in arrears. The contractor will submit via the Tungsten Network website, an invoice, at a minimum, containing the following:

· Contract Number

· Company Name and Address

· Invoice Date

· Invoice Number (Note: Each invoice must have a different Invoice Number)

· Description of items/services provided as well as referencing the appropriate Contract Line Item Number (CLIN). This way the proper CLIN can be billed for the Invoice.

· Amount and size of bins shredded and location of shredding service

· Line-item cost ($) amounts

· Total cost ($) due

· Terms for any discount for prompt payment

· Name, title, and phone number of the company point of contact to notify in case of a defective invoice

· Additional Information deemed necessary by CO.

Certificate of Destruction The contractor will provide the RMO/Alternate RMO/RMT on the same day that shredding service is provided, and prior to leaving VA premises, a written “Certificate of Destruction” indicating either “interim” or “final” destruction has been completed. The Certificate of Destruction will, at a minimum, contain the following:

· Pickup location

· Pickup date

· Name of DRO VBA contact (i.e., RMO)

· Name of contractor employee who destroyed the material.

· Date of Destruction

· Method of Destruction

· Location where the records were destroyed.

· Type of temporary records were destroyed.

· Number of temporary records destroyed in number of containers picked up and pounds destroyed.

· Degree of destruction, “interim destruction” or “final destruction” as defined by VA Directive 6371, Destruction of Temporary Paper Records

· Any other information as determined necessary by the CO or RMO/Alternate RMO.

If the above certification documents “Interim Destruction,” the Certificate of Destruction must clearly state the provided shredding service constitutes “Interim Destruction.”

Page 1 of Page 1 of If “Final Destruction” is not completed on-site at the time of shredding service, the contractor will provide the RMO/Alternate RMO, within 30 days of pickup a written final “Certificate of Destruction.” The final Certificate of Destruction will, at a minimum, contain the following:

· Pickup location

· Pickup date

· Name of DRO VBA contact (i.e., RMO)

· Name of contractor employee who destroyed the material.

· Date of Destruction

· Method of Destruction

· Location where the records were destroyed.

· Type of temporary records were destroyed.

· Number of temporary records destroyed in number of containers picked up and pounds destroyed.

· Certification by the contractor and/or subcontractor/third-party that the material has been “destroyed” to a degree that definitively ensures the material in its final state is not readable or reconstructable to any degree—if applicable {VA Directive 6371}

· Any other information as determined necessary by the CO or RMO/Alternate RMO.

The contractor will maintain proper records concerning each Certificate of Destruction.

9. SPECIFICATIONS INCORPORATED BY REFERENCE

Standards outlined in the following specifications are incorporated by reference: VA Directive 0710, Personnel Suitability, and Security Program VA Handbook 0710, Personal Security and Suitability Program VA Directive 6500, VA Cybersecurity Program VA Handbook 6500.6, Contract Security VA Directive 6371, Destruction of Temporary Paper Records VA Handbook 6300.1, Records Management Procedures VA Letter 20-21-04, Records, and Information Management 5 U.S.C. §552a, Privacy Act 44 U.S.C. § 3301

10. RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all contractors whose employees create, work with, or otherwise handle Federal records regardless of the medium in which the record exists.

B. Definitions Federal “Records” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

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1. includes VBA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VBA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VBA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VBA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the contractor must report to VBA DRO RMO or alternate RMO. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VBA control or the contractor must hold it until otherwise directed.

6.

Page 1 of Page 1 of Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (14) (C) (4).

7. The contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The contractor (and any sub-contractor) is required to abide by Government and VBA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8. The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VBA policy.

9. The contractor shall not create or maintain any records containing any non-public VBA information that are not specifically tied to or authorized by the contract.

10. The contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11. VBA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VBA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

12. Training. All contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VBA-provided records management training. The contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

1. The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

11. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE 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.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

2.

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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.

12. 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. 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.

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d. 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 Directive 6500, VA Cybersecurity Program. 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.

e. 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.

f. 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.

g. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be…