36C10D25Q0159.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

F36B310-25-0000015 36C10D25Q0159 08-12-2025 Raymond S. Tracey 716-218-6579 08-27-2025

1:00 PM

EDT

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 Department of Veterans Affairs Veterans Benefits Administration 210 Franklin Rd.

Philadelphia

PA

19144 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

See invoice instructions in Section B.2:

See CONTINUATION Page On-site Document Shredding and Removal Services Philadelphia, PA, Regional Benefits Office.

See CONTINUATION Page X X X Raymond Tracey

VA-VBA-2025-0001

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: TBD

b. GOVERNMENT: Contracting Officer 36C10D 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:

B.2 INVOICE INSTRUCTIONS

General invoicing instructions are included here.

Please ensure that when the invoice is submitted in Tungsten by a contractor employee that the PO# is used and please include the respective Contract line-item number (CLIN) which is being invoiced, such as 0001. Please also ensure that the uploaded invoice document’s description matches the contract’s line-item number information such as: Item number 0001, Quantity, Unit of issue, Unit Price, Extended Price and Period of Performance. Failure to follow these instructions will result in a rejection of the invoice by the VA Financial Service Center personnel.

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall supply, empty and shred the contents of all bins provided for destruction weekly pursuant to the requirements as set forth in the Statement of Work. Estimated Quantities.

Contract Period: Base POP Begin: 09-11-2025 POP End: 09-10-2026 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

MEDIA BIN: The contractor shall provide destruction of materials such as CD's, tapes, and records/microfiche if needed. Estimated Quantity Contract Period: Base POP Begin: 09-11-2025 POP End: 09-10-2026

The contractor shall supply, empty and shred the contents of all as set forth in the Statement of Work. Estimated Quantities.

Contract Period: Option 1 POP Begin: 09-11-2026 POP End: 09-10-2027

MEDIA BIN: The contractor shall provide destruction of materials

Contract Period: Option 1 POP Begin: 09-11-2026 POP End: 09-10-2027

The contractor shall supply, empty and shred the contents of all as set forth in the Statement of Work. Estimated Quantities.

Contract Period: Option 2 POP Begin: 09-11-2027 POP End: 09-10-2028

MEDIA BIN: The contractor shall provide destruction of materials

Contract Period: Option 2 POP Begin: 09-11-2027 POP End: 09-10-2028

The contractor shall supply, empty and shred the contents of all as set forth in the Statement of Work. Estimated Quantities.

Contract Period: Option 3 POP Begin: 09-11-2028 POP End: 09-10-2029

MEDIA BIN: The contractor shall provide destruction of materials such as CD's, tapes, and records/microfiche if needed. Estimated Quantities.

Contract Period: Option 3 POP Begin: 09-11-2028 POP End: 09-10-2029

The contractor shall supply, empty and shred the contents of all as set forth in the Statement of Work. Estimated Quantities.

Contract Period: Option 4 POP Begin: 09-11-2029 POP End: 09-10-2030

MEDIA BIN: The contractor shall provide destruction of materials

Contract Period: Option 4 POP Begin: 09-11-2029 POP End: 09-10-2030

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 contract modification. The schedule represents the quantities estimated to be ordered over the delivery period. Quotes will be evaluated based on the estimated quantities. If the actual quantity of the unit priced item varies above or below the estimated quantity, the contracting officer (CO) will consider an adjustment in the task order price, which may be executed with a bilateral modification. At the end of the period of performance (e.g., Base Period, Option Year 1, etc.) and after the contractor submits the final invoice for that period, the CO will issue a unilateral modification that specifies actual quantities and de-obligates any excess funding

B.4 STATEMENT OF WORK

Secure Shredding of VA Documents and Electronic Media

PART I: General Information

1.0. Introduction

The Department of Veterans Affairs, Veterans Benefits Administration has a requirement for on-site document and media storage destruction services at the Philadelphia Regional Office, 5000 Wissahickon Avenue Philadelphia Pennsylvania, 19144.

2.0. Background

This is a Firm Fixed Price Services contract to shred and dispose of documents with personally identifiable information (PII) and other sensitive HIPAA related materials from the Veterans Benefits Administration. To include but not limited to papers, folders, media storage (floppy discs, compact discs, tape cassettes, and other recording tapes.)

3.0. SCOPE OF WORK

The Department of Veterans Affairs Regional Office (VARO) Philadelphia intends to use the services of a contractor to shred confidential information records and documents estimated to be 312 bins of paper documents will be shredded annually. This averages six (6) bins per week or 24 bins per month. Papers shall be crosscut, and all shredding must be done on-site. The annual shred volume is estimated to be 34.2 tons. Shred services include other non-paper materials including computer hard drives, thumb drives, CDs, DVDs, VHS, or other types of electronic tape media in accordance with all appendix clauses. It is estimated that this equates to 1 bin per quarter.

3.1 Contractor shall provide weekly service and unscheduled services that may arise from time to time when VA is purging records. The contractor shall provide and maintain a quantity of seven (17) bins 64 gallon secured shred bins with two wheels 360-degree rotating wheels located on the bottom of each bin to be located at the Veterans Benefits Administration Philadelphia Regional Office, 5000 Wissahickon Avenue, Philadelphia, Pennsylvania 19144. The bins will be located at the shipping and receiving dock. See performance schedule below. Provide all necessary labor, supervision, management support, transportation, supplies, equipment, and materials to maintain security of sensitive materials.

3.2 Performance Schedule

Destruction of all material authorized for destruction will be processed at the 5000 Wissahickon Avenue, Philadelphia, PA location one day each week. Pick-up on any other day will be as arranged by the Records Management Officer. Any changes to the schedule shall be agreed to in advance of the contractor visiting the facility. Any additional service requests shall be provided to the contractor within 24 business hours of notice by the government. Any Cancellation Requests shall be made by the Government no later than Noon Wednesday prior to the Friday for the scheduled service. Cancellations for the scheduled pick up made noon Wednesday service made by noon on prior Friday will not be charged. Service day and hours can be changed via mutual agreement between the contractor and the government as needed.

3.3 Collection of and on-site destruction shall occur Friday each week with on-site arrival time between 7:00am and 7:30 am.

4.0 Applicable Documents

4.1. The objective is to provide Veteran and employee privacy by destroying confidential information documents in accordance with

4.2 VA Directive 6371, Destruction of Temporary Paper Records

4.3 Privacy Act of 1974, 5 USC 552a

4.4 Federal Records Act, 44 USC Chapter 31

4.5 NSA/CSS 02-01, Evaluated Products List for High Security Crosscut Paper Shredders

4.6 NSA/CSS 02-02-M, Evaluated Products List for High Security Disintegrators

4.7 VA Directive 6300, Records, and Information Management

4.8 VA Directive 6500, Information Security Program

4.9 36 CFR 1220.14 Subpart A, General Provisions, General Definitions

4.10 36 CFR 1226.24, Destruction of Temporary Records (formerly 1228.58)

4.11 44 USC 3302 § 1228.58 Destruction of Temporary Records

4.12 VA Directive and Handbook 0710, Personnel Suitability and Security Program

PART II: WORK REQUIREMENTS

5.0 Technical Requirements

The contractor shall provide all labor and equipment to provide on-site shredding of all types of materials to include media at time of service and shall be responsible for disposing of all shredded materials.

5.1 All paper documents picked up shall be handled in accordance with the Privacy Act and destroyed on site at time of pickup.

5.2 Contractor shall shred paper documents in accordance with:

5.2.1 VA Directive 6371 Destruction of Temporary Records,

5.2.2 Appendix A. Contractor shall shred all types of electronic storage devices and media according to VA Handbook 6500.1

5.2.3 Electronic Media Sanitization, Appendix B. This may be an interim destruction of records or final destruction of records.

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

5.3 Interim destruction shall be followed with final destruction procedures. Both interim and final destruction shall be carried out by a National Association for Information Destruction (NAID) certified, bonded, and insured contractor. The trucks shall be secured, sealed, and locked after picking up.

5.4 The Records Management Officer (RMO) or Records Management Technician (RMT) will monitor the service. Any change in the company’s certification and accreditation will be disclosed to VARO Philadelphia immediately.

5.5 Contractor is responsible for maintaining liability insurance for the duration of the contract and for following all pertinent federal and state regulations with regard to transportation and destruction of classified medical and personal identifying documents.

5.6 While on VARO premises, contractor employees will wear a company uniform and a visible identification badge, which contains a photograph of the employee. Contractor personnel’s clothes are to be clean and maintained in good repair. All contractor vehicles will be clearly identified with the company’s name.

5.7 The contractor will provide and maintain in an effective, usable status seventeen (17), 64-gallon locked collection bins for the VA Regional Office. All containers will utilize the same key lock and key code. The contractor will supply the RMO keys to all containers. The contractor will supply the RMO with a master key for all locks provided. If additional keys are necessary, or locks need to be replaced, the contractor will provide them. The contractor shall maintain and be responsible for all maintenance and serviceability of all bins placed in the VARO. Bins shall be locked and the material unable to be retrieved once it is placed in the container unless it is unlocked. The contractor shall also ensure that all items from the VARO are recycled. Contractor will be responsible for any additional container needs, as they may arise. The contractor shall provide additional containers on an as-needed basis, within 24 business hrs. of being notified.

5.8 The contractor will be responsible for ensuring contractor employees providing work on this contract are fully trained and completely competent to perform the required work. The contractor shall sign Contractor Rules of Behavior (Appendix E) for safeguarding VA sensitive information and submit it to the contracting officer prior to commencement of contract. The contractor is responsible for completing background investigations. A NACI background check is required.

5.9 The results of the background investigations must be furnished upon request and available to the Information Security Officer; and maintained by the RMO prior to start of contract. The contractor shall have all employees that handle VA sensitive information on this Contract become familiar with the Contractor Rules of Behavior. The contractor will provide the contracting officer a list of those employees that have reviewed and signed the Contractor Rules of Behavior at the beginning or the Contract, whenever there is a change to the employee list, or at least annually.

5.10 Contractor shall allow for the inspection of the contractor's equipment and overall shredding operation at least annually, if requested.

5.11 Contractor shall provide monthly total poundage of paper shredded including cost for the previous month, at the beginning of each month.

5.12 The contractor is responsible for moving containers from the shipping and receiving dock to the contractor's vehicle for on-site destruction via the shipping dock door and returning them to the shipping dock.

5.13 The VARO will bring the containers to the holding area, the shipping dock platform, where they will be kept until on-site shredding is complete. The contractor is responsible for taking the bins from the raised portion of shipping and receiving dock to the ground level of the shipping and receiving dock to the parking area for shredding. There are six (6) steps from the raised portion to the ground level of shipping and receiving dock. There is a curb to the parking area on the way from the raised portion of shipping and receiving dock where the truck will be backed towards the shipping dock. Once the bins are emptied, they will be returned to the shipping dock where they were moved from by the contractor. The shipping and receiving dock will be entered using the shipping dock door located at 5000 Wissahickon Ave.

5.14 There is no floating dock, dock plate, liftgate or ramp connected to the raised portion of the shipping and receiving dock. The height from the raised portion of the shipping and receiving dock to ground level is four (4) feet.

5.15 Contractor shall be required to interrupt their work at any time so as not to interfere with the normal functioning at any facility, including utility services, fire protection systems, deliveries, passage of facility visitors, personnel, equipment, and carts.

5.16 The contractor will be responsible to ensure that contractor employees coming to the work site will receive the information required above.

6.0 Additional Requirements:

6.1 Deliverables:

6.2 Certificate of Destruction: The contractor shall provide certification of destruction upon completion of weekly and unscheduled service calls and shall also be noted on the invoice.

6.3 The certificate of destruction for each group of media shredded during visit shall be in accordance with VA Directive 6500.1 Appendix C.

6.4 The contractor shall maintain proper records concerning each certificate of destruction. The certificate of destruction shall, at a minimum, contain the following:

· Pickup/delivery location.

· Pickup/delivery dates.

· Name of Government RMO or RMT at pickup location.

· Destruction Certificate Document number

· Date of Destruction Certification.

7.0 Equipment

The contractor shall provide mobile equipment to do all the shredding onsite. Equipment shall be capable of crosscutting the paper material. Contractor will provide locking containers to collect shredding material.

8.0 Interim Destruction

The contractor shall ensure the shredded paper is secure when transporting paper to its final destruction. Interim destruction of temporary paper records refers to macerating, chopping, pulverizing, or shredding of these records to a degree that does ensure that they are not readable or reconstruct able to any degree, but does ensure that they are not readable or reconstruct able without extraordinary effort. This destruction of temporary records is a preliminary step that will allow for secure transport of records until such time as their final destruction.

8.1 Final Destruction

The contractor shall ensure that the process of the temporary paper records are pulped, macerated, or shredded to a degree that they are not readable or reconstruct able to any degree. Additionally, contractors must use a National Association for Information Destruction (NAID) certified, bonded, and insured recycler or paper mill and any intermediary processes must protect the records until final destruction is completed.

9.0 Quantities

The weekly estimate, which cannot be guaranteed, is an average amount of six (6) bins (64-gallon containers) per week. The Regional Office reserves the right to increase or decrease the quantity of material.

9.1 VA Handbook 6300.1

“Records Management Procedure” shall be applicable to all materials including but not limited to paper, CDs, tapes, and records/microfiche destruction. The procedure reads: “The authorized destruction of records that are classified or otherwise restricted from disclosure by statute, such as Privacy Act of 1974 or Title 38 USC, must be witnessed by a Federal Employee or a contractor employee. If a contract is used to dispose restricted VA or VAMC records, the facility Records Officer must authorize the use of a contractor or subcontractor employee to witness the destruction. The contractor must provide documentation that the contractor employee is authorized to witness destruction of the record. Resale of VA records is prohibited.

9.2 Confidentiality of Material Destruction

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. Contractor personnel shall maintain the confidentiality of the material to be destroyed. Any contractor personnel found to be reading any of the Regional Office materials shall be promptly removed from the government premises. The person involved shall not be allowed to return to the Regional Office for any future service requests.

10.0 PART III: SUPPORTING INFORMATION

10.1 Place of Performance: The service shall take place at the following location:

Department of Veteran Affairs , Veterans Benefits Administration 5000 Wissahickon Avenue Philadelphia, PA 19144-1355

10.2 Period of Performance : Base year and four consecutive one-year option periods.

11.0 Government Furnished Property : None

12.0 Qualifications of Key Personnel

Contractor employees shall be direct hires of a NAID contractor. “If interim destruction is not carried out by VA employees, it must be carried out by a National Association for Information Destruction (NAID) certified, bonded, and insured contractor who has contracted to provide sufficient reasonable safeguards to protect the records until final destruction has been completed.”

13.0 WORK AND HOLIDAYS:

All work is to be performed during weekdays, as needed, between 0700 and 0730 EST, excluding Government holidays. Our eleven (11) official holidays are New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, and Christmas.

14.0 CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

15.0 Security

All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C.§552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6. See attached VA 6500.6 Appendix C, which is incorporated in the resulting purchase order to ensure appropriate security controls are in place.

Contractor Personnel Security

a. Any individual who requires access to the VA site(s), personally identifiable information (PII) and/or access to VA local area network (LAN) systems shall be the subject of a favorable fingerprint check (SAC) adjudicated by VBA Personnel Security Office (PERSEC). Individuals are required a background investigation and must receive a favorable adjudication from the VA Personnel Security and Adjudication Center (PSAC). These requirements are applicable to all sub-contractor personnel requiring any Background Investigation (BI) conducted by Defense Counterintelligence Security Agency (DCSA).

b. The level of BI will be in accordance with VA Directive 0710 dated June 4, 2010 and is available at http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FTyp.

Background Investigation: The Contractor employee level of BI required for this effort is:

Low Risk (T1) Security – Employees Moderate Risk (T2) – Managers and Directors Note: The position sensitivity should reflect the results from the completion of the PDAT versus the title of the individual.

Investigation Documents: Immediately after contract award, the COR will provide the Contractor with the following background investigation documents to be completed by the Contractor and returned thru the COR to VBA PERSEC to begin the background investigations process for all contract employees working on the contract who will have access to VA/VBA facilities, VA systems, or privacy data:

Submitting Completed Package: Upon receipt of documents listed above from the COR, the COR will submit the background investigation package to VBA’s Personnel Security Specialist. Upon notification of favorable fingerprint results, the COR should request the official VA email account and will be notified of all background investigation requirements preventing the Contractor from an immediate onboard. Thereafter, the Contractor shall receive an email notification from DCSA including detailed instructions regarding completion of the background clearance application process in the Electronic Questionnaires for Investigations Processing (e-QIP) system. e-QIP is an online, internet accessible system, where the Contractor employee shall complete the security questionnaire required for OPM to process background investigation. Once the e-QIP is released by VBA PERSEC, scheduled by OPM, the Contractor may begin work while the background investigation is ongoing.

Reciprocation: Contractors who have current favorable background investigation previously conducted by OPM or DCSA may be accepted through reciprocation. When a previous personnel security clearance is currently held, it does not preclude the Contractor form submitting a complete Background Investigation Package as stated above to the COR immediately after contract award for all Contractor employees who will be working on the contract.

Pre-Screen: The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S., and are able to read, write, speak, and understand the English language.

Contractor Performance: Contract performance shall not commence before

The documents are complete, and that the background investigation information has been released to OPM for scheduling of the background investigation, or C. VBA or the PSAC has confirmed that the verified investigation will be reciprocated.

Copy of Certificate of Investigation (COI): The COR will notify and forward the Contractor a copy of the Certificate of Investigation when the background investigation has been favorably completed or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The Contractor, if notified, of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply, the Contractor personnel security requirements may result in termination of the contract for default.

Responsibility: The Contractor shall be responsible for the actions of those contract and subcontract employees it provides to perform work for the VBA. In the event damage arises from work performed by Contractor employees the Contractor will be responsible for resources necessary to remedy the incident.

Vendor Selection: Should the Contractor use a vendor other than OPM or DCSA to conduct background investigations, the investigative company must be certified by OPM/DCSA to conduct Contractor background investigations. The Vendor Cage Code number must be provided to the VA PSAC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be granted.

Investigative History: The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or DCSA.

Government Responsibilities:

Training

a. All Contractor and sub-contractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks:

1) Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems.

2) Successfully complete any cyber security or privacy training as required for VA personnel with equivalent information and/or system access.

b. The Contractor shall provide to the Contracting Officer a copy of the training certificates and signed Rules of Behavior for each applicable employee within 30 days from the date TMS access is granted and annually thereafter, as required. These online courses are located at https://www.tms.va.gov/learning/user/login.jsp Appendix A.

VA DIRECTIVE 6371 5 (b). Final Destruction: 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. If this final destruction is performed away from a VA facility it must be performed, where practicable, by a National Association for Information Destruction (NAID) certified, bonded and insured recycler or paper mill and any intermediary processes must protect the records until final destruction is completed.

Appendix B.

VA Handbook 6500.1 6 (d). Destroying: (1) Destruction of electronic media is the ultimate form of sanitization. After media are destroyed, they cannot be reused as originally intended. Physical destruction can be accomplished using a variety of methods including disintegration, incineration, pulverizing, shredding, and melting. (3) Optical mass storage media, including compact disks (CD, CD_R, CD-RW, and CD-ROM), DVDs, hard drives, thumb drives, and magneto-optic (MO) disks must be destroyed by pulverizing, crosscut shredding or burning.

Appendix C.

Certification of Destruction: Written documentation by a records destruction or recycling contractor or vendor that attests to the completion of the destruction process after the destruction of VA records has taken place. This certification is not considered a valid certification of destruction if submitted prior to the actual destruction of the records.

Appendix D.

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 mat 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). 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.

16.0 RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in below Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” 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.

The term Federal record:

1. includes [Agency] records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] 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. [Agency] 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 [Agency] 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, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

4. 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 vehicle]. 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 [Agency] control or the Contractor must hold it until otherwise directed. 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 vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

5. 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 [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

6. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

7. 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.

8. The [Agency] 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 [Agency] 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.

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 vehicle], 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.

There’s also information missing regarding the Certificate of Destruction as required by VA Directive 6371 – Destruction of Temporary Paper Records April 2014, specifically:

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:

1. Pickup/delivery location

2. Pickup/delivery dates

3. Name of the RMO or designated representative at pickup location

4. Name of contractor employee who destroyed the material

5. Destruction Certificate Document number

6. Date of Destruction

7. Amount of shredded material (number of containers picked up and/or pounds shredded)

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

9. 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.”

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

1. Pickup/delivery location

2. Pickup/delivery dates

3. Method of transportation

4. Site of final destruction, i.e., name of subcontractor/third-party

5. Date of final destruction

6. Amount destroyed, i.e., 15 bales of shredded material

7. Name of contractor or subcontractor employee who witnessed and/or can attest to final destruction

8. Method of final destruction (bleached, pulped, macerated, shredded, burned, etc.)

9. 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 {VA Directive 6371}

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

TECHNICAL REFERENCES

VA Directive 0710, Personnel Suitability, and Security Program VA Handbook 0710, Personal Security and Suitability Program VA Directive 6500, Information Security Program VA Handbook 6500.6, Contract Security VA Handbook 6500.6, Appendix A, Checklist VA Directive 6371, Destruction of Temporary Paper Records VA Directive 6371, Appendix A, VA Handbook 6300.1, Records Management Procedures VBA Letter 20-21-04, Records, and Information Management 5 U.S.C. §552a, Privacy Act 44 U.S.C. 3301, Definition of Records 36C10D25Q0159

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/vaar

(End of Clause)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of purchase order expiration date.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of purchase order expiration date; 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.

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

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

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.5 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of Clause) C.6 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT…