36C10D25Q0065.docx

36C10D25Q0065

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

36C10D25Q0065 03-10-2025 Julie Lemire 781-226-8882 03-21-2025 15:00

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006 X X 561410 $19 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G Street NW Washington DC 20006 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

All invoices must be submitted electronically per VAAR Clause 852.232-72

See CONTINUATION Page This solicitation is an RFQ for Shredding Services. The government intends to award a firm fixed price PO.

Contract shall provide all necessary personnel, supervision, labor, equipment, materials and disposal necessary to provide services at the Muskogee OK VBA RO pursuant to the SOW described herein.

Quoters should carefully follow instructions included in Addendum to 52.212-1. Pricing should be identified in B.2 Price/Cost Schedule attached to the RFQ.

All Quotes shall be emailed to Julie.Lemire@va.gov

Any quote that is not compliant with the RFQ requirements will NOT be considered.

See CONTINUATION Page x X Julie Lemire Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: To be determined

b. GOVERNMENT: Contracting Officer 36C10D Julie Lemire 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.

VAAR Clause 852.232-72 http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C10D25Q0065

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STATEMENT OF WORK

I. PURPOSE: To provide on‐site, document shredding and removal services for Veterans Affairs Regional Office 351 (VARO).

a. The Contractor shall provide on‐site shredding services with a mobile vehicle. Vehicle must be capable of shredding/ incinerating various materials: both printed and handwritten content from source materials including paper, photographs, fax, eFax, microfilm, microfiche, video, film, cassette tapes, CD/DVD, and flash drives ensuring that no information can be extracted from the resulting material in accordance with VA Directive 6371 including all appendices.

b. The contractor must be Certified, Bonded and Insured according to National Association for Information Destruction (NAID). The contractor is responsible for maintaining liability insurance for the duration of the contract and for following all pertinent federal and state regulations with regards to the destruction of classified documentation.

c. While on premises, contractor employees will wear a company uniform and a visible identification badge which contains a photograph of the employee. VA will ensure contractor has the appropriate background investigation processed and adjudicated. All contractor vehicles will be clearly identified with the company’s name.

d. The contractor will recycle all materials if shredding is the mechanism of destruction. This may be accomplished through traditional recycling methods or used for fuel in electrical co‐ generation.

e. The contractor is required to provide pricing in one price per bin rate, regardless of destruction material contained in each bin. The destruction material will not be sorted, and different materials might be included in the same bin. Materials include paper, photographs, fax, microfilm, microfiche, video, film, CD/DVD, and flash drives.

f. During operation of the vehicle, it will not be parked near any air supply vents that provide air to buildings on VARO property.

g. The contractor shall provide biweekly (every two weeks) service and unscheduled services that may arise from time to time when VA is purging records at the Muskogee campus.

h. The contractor shall provide monthly (once per month) service and unscheduled services that may arise from time to time when VA is purging records at the Oklahoma City campus.

i. The contractor shall provide all necessary labor, supervision management, management support, transportation, supplies, equipment and materials to maintain security of sensitive materials at their points of origination throughout the agency, and to collect and transfer these sensitive materials in a secure fashion from the point of origination to the point of on‐site destruction under guidance of a VA Records Management Official.

j. The contractor shall guarantee securely transporting sensitive Personal Identifying Information (PII) data from point of pickup to the point of on‐site destruction. Materials will not be allowed to accumulate and overflow from current holdings. In this event, the contractor may be contacted in advance to coordinate additional pick‐ups.

k. The Contracting Officer’s Representative (COR), if one is delegated, and/or Records Management Officer (RMO) and/or the Records Management Technician (RMT), will provide a complete and accurate communication so that the coordination of services may occur. The contractor shall work with the designated Veterans Affairs staff to ensure proper oversight and instruction throughout this entire process.

GENERAL CONDITIONS:

l. Contractor shall provide on‐site shredding of paper, photographs, fax, microfilm, microfiche, video, film, CD/DVD, and flash drives at time of service.

i. Vehicles used shall be capable of shredding all these mediums during each shred event as these different mediums shall not be separated.

m. Contractor shall provide up to 96‐gallon capacity rolling bins with locking capability.

n. Contractor shall shred documents in accordance with VA Directive 6371.

o. Contractor shall provide a certificate of destruction for items shredded during visit in accordance with VA Directive.

p. Contractor shall allow for on‐site vehicle inspection of shredding for compliance of VA Policy.

q. Contractor shall allow for the inspection of the contractor’s equipment and overall shredding operation at a minimum of an annual inspection, if requested.

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

s. Contractor is responsible for moving all bins from the holding area to the contractor’s on‐site shredding vehicle through final destruction.

t. Use only bonded and insured individuals for the collection and destruction of materials.

u. Ensure their employees are dressed in marked uniforms that are easily identifiable with nametags.

v. Provide necessary equipment needed to shred all collected materials according to HIPAA regulations.

w. Must be able to shred all types and colors of paper, as well as staples and fasteners.

SPECIFIC TASKING REQUIRED:

x. Pick‐up confidential information.

y. The contractor shall provide certification of destruction, after every shred event, to include date and signature of certifying official.

z. At the Muskogee location, the contractor shall coordinate bi‐weekly (every two weeks) pick‐up shred service with RMO or designated COR.

aa. At the Oklahoma City location, the contractor shall coordinate pick‐up shred service once a month with RMO or designated COR.

ab. The contractor shall be escorted by an authorized VA employee to where the material for shredding is located.

ac. The contents to be shredded and destroyed on‐site will be witnessed by the Record Management Officer (RMO) and/or Record Management Technician (RMT).

ad. Provide shredding containers to meet requirements of the Regional Office.

i. Containers shall be self‐locking,

ii. Containers shall be 96 gallons,

iii. Containers shall have no less than four wheels or other rolling mechanisms for easy transport,

iv. Nine (9) bins shall be provided between the two Muskogee campuses,

1. Five (5) bins shall be delivered to 800 E Okmulgee, Muskogee OK 74403

2. Four (4) bins shall be delivered to 125 S Main St, Muskogee OK 74401

v. One (1) bin shall be provided to the Oklahoma City campus.

ae. Each container bags/bins shall meet PII containment requirements outlined in within the directives outlined above.

af. The contractor is to provide all necessary equipment/material/bag/bins in‐order to successfully complete the destruction evolution.

ag. Contractor will be responsible for any additional container/bag needs, as they may arise.

i. The designated COR shall provide as much advance notice of any additional container or bag needs.

ah. After shredding is complete, a billing invoice calculating the charge shall be prepared and left with the RMO/RMT

PERFORMANCE DETAILS:

ai. Places of performance

i. Muskogee Campus is two locations:

1. 125 S Main St., Muskogee OK 74401

2. 800 E Okmulgee, Muskogee OK 74403

ii. Oklahoma City Campus

1. 301 NW 6th St., Oklahoma City OK 73102

aj. Performance Schedule

i. The period of performance is to contain one base period and four option years available.

ii. The contract has four, one‐year option periods that may be exercised unilaterally by the Government. No services are to be performed after the expiration date of each contract period unless written authorization is provided by the Contracting Officer.

125 S Main St, Muskogee OK 74401

800 E Okmulgee, Muskogee OK 74403

301 NW 6th St., Oklahoma City OK 73102

CONIDENTIALITY:

a. All work is to be performed by competent personnel, experienced and qualified to provide services. Contractors shall keep all VA records and related information strictly confidential and shall not be provided to any source, outside the VARO, in any regard.

BILLING AND DESTRUCTION CERTIFICATION:

b. Contractor will provide the VA Finance Department with a monthly invoice to include both a detailed invoice along with a destruction certification:

i. Monthly invoices shall be issued with a service fee per container charged to the VA.

ii. Date, time, and location service(s) were provided.

iii. Invoice number

iv. Contract and obligation number

v. Total charges detailed and outlined of services provided of shred event and to date.

c. These certification documents can be in the form of a letter, memo, or any format attesting to its complete destruction. This certification is not considered a valid certification of destruction if completed and submitted prior to the final destruction of the records. The certification should contain enough information to attest to the final destruction of the temporary paper records – what temporary records were destroyed, the date when they were destroyed, what destruction method was used, where they were destroyed, and who was responsible for the final destruction.

SPECIFICATIONS

d. The Contractor shall comply with VA Directive 6371 Destruction of Temporary Paper Records dated April 8, 2014, and any subsequent modifications made to that directive. The contractor shall always comply with security requirements imposed by the VA Regional Office. Contractor personnel involved in civil crimes and/or other incidents of misconduct may be restricted from entry to the Regional Office. Contractor shall be escorted by an authorized agency employee when entering upon any government lands prescribed in this contract.

FINAL DESTRUCTION:

e. The process through which temporary paper records are pulped, macerated, or shredded to a degree that definitively ensures that they are not readable or can be reconstructed to any degree.

CERTIFICATE OF DESTRUCTION

f. Written documentation that attests to the completion of the destruction process after the final destruction, as defined by this policy, of VA temporary paper records have taken place. Certification documentation can be in the form of a letter, memo, or any format attesting to its complete destruction. This certification is not considered a valid certification of destruction if completed and submitted prior to the final destruction of the records.

g. Contracts for destruction of temporary paper records must include specific clauses to ensure that PII and other sensitive temporary records are handled in a secure manner until they undergo final destruction. At a minimum, these contracts shall require documentation that any contractor who will handle the records until final destruction is completed is bonded, insured, NAID certified for paper/printed media destruction, and can provide reasonable physical safeguards for the data throughout the destruction process per VA HANDBOOK 6500.6 MARCH 12, 2010, APPENDIX C (3) (d).

h. The contractor 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. This shall be brought forth by the Contracting Officer, Contracting Officer Representative or the Records Management Official of the VARO.

i. Once final onsite destruction is complete, the contractor assumes full and all responsibility of destructed documents and/or media.

PERFORMANCE OF WORK ON GOVERNMENT PREMISES:

j. Current rules and regulations applicable to the premises, where the work shall be performed, shall apply to the contractor and its employees while working on the premises. These regulations include but are not limited to, escort during installation by VBA officials, presenting valid identification for entrance, smoking restrictions and any safety procedures as outlined in the site regulations. All work is to be coordinated with COR.

k. The VBA primary Points of Contact (POC’s) shall be:

i. David Eaton (RMO) 918‐781‐7567

l. The VBA secondary point of contact shall be:

i. Matt Keefe (COR) 918‐781‐7519

m. In the absence of the RMO, the RMT shall be available to provide physical supervision during the onsite shred process.

i. RMT is Johnathon Field 918‐781‐7506

ii. RMT’s are always subject to change. If any change of RMT status occurs; for any new, former, or existing employee; that status shall be provided to the contracting officer and shared with the contractor.

II. Building Restrictions:

a. Even though there are guards on duty; installers need to coordinate with the VBA local POC or the RMO in order to coordinate the removal process. Advance notice needs to be given to the VBA to grant access to the site. Work will need to take place during normal business hours of 0800‐1500pm CST unless coordinated with the local VA POC.

III. Holidays:

a. The Government observes the following holidays, also included would be any other day specifically declared by the President of the United States to be a National Holiday.

i. New Year’s Day 1 January

ii. Martin Luther King Jr. Birthday Third Monday in January

iii. Presidents Day Third Monday in February

iv. Memorial Day Last Monday in May

v. Independence Day 4 July

vi. Labor Day First Monday in September

vii. Columbus Day Second Monday in October

viii. Veterans Day 11 November

ix. Thanksgiving Fourth Thursday in November

x. Christmas 25 December

b. When a holiday falls on a Sunday, the following Monday is observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. The offices will be closed on the holiday and therefore unavailable.

VA INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENTS

c. General

i. 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.

ii. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6, Contract Security which are available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

iii. This acquisition will not require connection of contractor‐owned IT devices (e.g., laptop, workstation, etc.) to a VA internal trusted network therefore a Security Accreditation Package is not required therefore the C&A requirements do not apply.

iv. If VA records or information are to be turned over to, or collected, created, maintained, used, processed, or handled in any way by a contractor, Title 41, United States, Public Contracts, and 36 CFR, chapter XII, subchapter B apply.

v. 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.

vi. 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.

vii. 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.

viii. Custom software development and outsourced operations must be 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.

ix. 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. Immediate is deemed to be within 6 calendar days.

x. 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).

xi. 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 following VA directive requirements.

xii. 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.

xiii. 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.

xiv. 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 and signed off by the contracting officer.

xv. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

xvi. 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. Written approval can only be signature authority of the contracting officer. 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.

xvii. 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. No other person shall sign any such authorization other than the signing contracting officer.

SECURITY INCIDENT INVESTIGATION

xviii. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR, and simultaneously, and Privacy Officer (PO), and simultaneously, the Contracting 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. Immediate in this clause shall be deemed within one (1) calendar hour.

xix. 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.

xx. 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.

xxi. 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 Contracting Officer, 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.

LIQUIDATED DAMAGES FOR DATA BREACH

xxii. 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.

xxiii. 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.

SECURITY CONTROLS COMPLIANCE TESTING

xxiv. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working‐days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government‐sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING

xxv. 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:

xxvi. 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.

xxvii. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

xxviii. Successfully complete the appropriate VA privacy training, including Privacy and HIPPA Focused Training and annually complete required privacy training; and complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

xxix. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

xxx. 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.

OPTION TO EXTEND THE TERM OF THE CONTRACT

d. The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

e. If the Government exercises this option, the extended contract shall be considered to include this option clause.

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f. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Est. Bi-Weekly Document Shredding Svcs.

Four (4) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 561410 - Document Preparation Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

Est. Bi-Weekly Document Shredding Svcs.

Five (5) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

Est. Monthly Document Shredding Svcs.

One (1) locking 96-gallon shred bin in accordance with the SOW. The bin shall be emptied monthly, 12 times per year.

Contract Period: Base POP Begin: 05-01-2025 POP End: 04-30-2026

Est. Bi-Weekly Document Shredding Svcs.

Four (4) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 1 POP Begin: 05-01-2026 POP End: 04-30-2027

Est. Bi-Weekly Document Shredding Svcs.

Five (5) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 1 POP Begin: 05-01-2026 POP End: 04-30-2027

Est. Monthly Document Shredding Svcs.

One (1) locking 96-gallon shred bin in accordance with the SOW. The bin shall be emptied monthly, 12 times per year.

Contract Period: Option 1 POP Begin: 05-01-2026 POP End: 04-30-2027

Est. Bi-Weekly Document Shredding Svcs.

Four (4) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 2 POP Begin: 05-01-2027 POP End: 04-30-2028

Est. Bi-Weekly Document Shredding Svcs.

Five (5) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 2 POP Begin: 05-01-2027 POP End: 04-30-2028

Est. Monthly Document Shredding Svcs.

One (1) locking 96-gallon shred bin in accordance with the SOW. The bin shall be emptied monthly, 12 times per year.

Contract Period: Option 2 POP Begin: 05-01-2027 POP End: 04-30-2028

Est. Bi-Weekly Document Shredding Svcs.

Four (4) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 3 POP Begin: 05-01-2028 POP End: 04-30-2029

Est. Bi-Weekly Document Shredding Svcs.

Five (5) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 3 POP Begin: 05-01-2028 POP End: 04-30-2029

Est. Monthly Document Shredding Svcs.

One (1) locking 96-gallon shred bin in accordance with the SOW. The bin shall be emptied monthly, 12 times per year.

Contract Period: Option 3 POP Begin: 05-01-2028 POP End: 04-30-2029

Est. Bi-Weekly Document Shredding Svcs.

Four (4) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 4 POP Begin: 05-01-2029 POP End: 04-30-2030

Est. Bi-Weekly Document Shredding Svcs.

Five (5) locking 96-gallon shred bins in accordance with the SOW. Bins shall be emptied bi-weekly, 26 times per year.

Contract Period: Option 4 POP Begin: 05-01-2029 POP End: 04-30-2030

Est. Monthly Document Shredding Svcs.

One (1) locking 96-gallon shred bin in accordance with the SOW. The bin shall be emptied monthly, 12 times per year.

Contract Period: Option 4 POP Begin: 05-01-2029 POP End: 04-30-2030

B.3 DELIVERY SCHEDULE

125 S Main St.

Muskogee, OK 74401

USA

918-781-7519 Matthew Keefe@va.gov

800 E Okmulgee Muskogee, OK 74403

USA

Matthew.Keefe@va.gov

125 S Main St.

Muskogee, OK 74401

USA

125 S Main St.

Muskogee, OK 74401

USA

125 S Main St.

Muskogee, OK 74401

USA

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been…