36C10D25Q0163.docx

36C10D25Q0163

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

F36B314-25-0000045 36C10D25Q0163 08-19-2025 Afia Monteaperto 848-377-5187 08-29-2025 13:00

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 Street SW, Roanoke

VA

24011 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 Destruction Services Roanoke Regional Office.

See CONTINUATION Page X X X Afia Monteaperto

VA-VBA-2024-0002

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 Afia Monteaperto 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 provide Document Destruction Services per the attached Statement of Work. Estimated Quantity: Locations

Contract Period: Base POP Begin: 09-30-2025 POP End: 09-29-2026 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity: Locations

Contract Period: Option 1 POP Begin: 09-30-2026 POP End: 09-29-2027

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity: Location

Norfolk Business Office 2251 Eltham Ave, Suite E Norfolk, VA 23513.

Contract Period: Option 2 POP Begin: 09-30-2027 POP End: 09-29-2028

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity: Location

The Net Center, 5200 West Mercury Blvd. Suite 295 Hampton, VA 23605.

Contract Period: Option 3 POP Begin: 09-30-2028 POP End: 09-29-2029

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity: Locations

Contract Period: Option 4 POP Begin: 09-30-2029 POP End: 09-29-2030

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 purchase 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 DELIVERY SCHEDULE

134.00

134.00

134.00

134.00

134.00

B.5 STATEMENT OF WORK (SOW)

I. The Contractor shall provide on-site shredding services of paper documents in accordance with VA Directive 6371 including all appendices. The contractor shall provide monthly service and unscheduled services that may arise from time to time when VA is purging records. Contractor shall perform all services on-site at the Poff Federal Building in Roanoke VA. Contractor will also perform on-site shredding services for our Richmond, Norfolk, and Hampton Out-Based locations. Furthermore, 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. 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. The Point of Contact (POC) and/or Records Management Officer (RMO) will provide a complete and accurate communication so that the coordination of services may occur. The contractor shall coordinate with the government onsite Point of contract (POC) a specific date and time of the monthly onsite document destruction services. The date and time can be changed by mutual agreement as needed. The contractor shall work with the designated Veterans Affairs staff to ensure proper oversight and instruction throughout this entire process.

II. General Conditions:

a. Contractor shall provide on-site shredding of paper at time of service;

b. Contractor shall provide 7-each 64-gallon 250-pound capacity rolling bins with padlock, locking capability which the VARO will supply the locks.

c. Contractor shall provide 1 64-gallon 250-pound capacity rolling bins with padlock, locking capability at each Out-Based location.

d. Contractor shall shred paper documents in accordance with VA Directive 6371. Destruction of Temporary Records. See Appendix A;

e. Contractor shall provide a certificate of destruction for paper shredded during visit in accordance with VA Directive. See Appendix C;

f. Contractor shall allow for on-site vehicle inspection of shredding for compliance of VA Policy referenced below in the appendices;

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

h. 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;

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

j. Contractor shall sign Contractor Rules of Behavior (Appendix E) for safeguarding VA sensitive information and submit a signed copy to the Contracting Officer prior to commencement of contract performance. Contractor shall have all employees that handle VA sensitive information under this Contract sign the Contractor Rules of Behavior annually;

k. The Contractor shall have all employees that handle VA sensitive information (minimum of two employees) first complete all assigned mandatory training. Required courses are accessed via the VA Talent Management System (TMS). To access the TMS, you must first create a TMS user profile. Once they have created a user profile, they will see the list of mandatory training and the date(s) by which it must be completed.

i. In order to access the TMS you must use one of the following browsers:

1. Internet Explorer (7.0 to 11.0)

2. Mozilla Firefox (3.6.x.x and above)

3. Safari on Mac (6.0 and above)

4. Google Chrome (23.0.x.x and above)

ii. To ensure that the training courses operate correctly, the system must also have the following software installed and enabled:

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

m. Ensure their employees are dressed in marked uniforms with nametags;

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

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

III. Confidentiality: 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.

IV. Billing and Destruction Certification: Contractor will provide the VA Support Services Division with a monthly destruction certification and monthly detailed invoices.

1. Monthly destruction certification of bins or medium destroyed.

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

1. Destruction certificate and invoice numbers

1. Contract and Obligation number

1. Total monthly charge(s) detailed and outlined V. (Point of Contact) Department of Veterans Affairs Regional Office:

Support Services Specialist Point of Contact (POC)

(Point of Contact) Department of Veterans Affairs Out-Based Locations:

Support Services Specialist Point of Contact (POC)

VI. Directives:

The Contractor shall comply with all security requirements imposed by the installation commander at all times while on the installation. Contractor personnel involved in civil crimes and/or other incidents of misconduct may be restricted from entry onto the installation. Contractor shall be escorted by an authorized agency employee when entering upon any government lands prescribed in this contract.

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 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 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). 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.

VII. Specific Tasking Required:

1. Pick-up confidential information;

1. The contractor shall provide certification of destruction, on every invoice, to include date and signature of certifying official;

1. On average, destruction will include approximately total shred volume below;

1. Roanoke Office: 448 gallons every 3 weeks.

2. Richmond Office: 64 gallons every 3 months.

3. Norfolk Office: 64 gallons every 3 months.

4. Hampton Office: 64 gallons every 3 months.

1. The contractor shall coordinate monthly pick-up service with Record Management Officer (RMO);

1. The contractor shall coordinate quarterly pick-up services with the Support Service Specialist (SSS) for the three Out-Based locations;

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

1. The contents to be shredded and destroyed on-site will be witnessed by the RMO and/or Support Services Specialist (SSS);

1. Provide shredding containers to meet requirements of the Regional Office and the Out-Based locations;

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

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

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

1. After shredding is complete, a certificate of destruction and billing invoice calculating the charge shall be prepared and emailed to the RMO and POC.

1. There must be one employee and a backup employee with all the necessary training and clearances completed prior to the start of the contract.

VIII. Performance Details:

IX. Performance Schedule:

The period of performance shall be one (1) 12-month base Period of Performance (POP) with four 12-month option periods.

X. Hours of Operation:

Service at the Reuben E. Lawson Federal Building and Out-Based locations may be provided between the hours of 7:00am and 4:00pm Monday through Friday except during holidays.

The Service providers shall not attempt to arrive sooner than 7:00am.

XI. Holidays:

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.

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.

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

XII. Term of Contract:

The base period of performance will be from the date of award through twelve consecutive months and options will be for 12-month periods. 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 furnished by the Contracting Officer. Charges will be for what is shredded at time of shredding and not for the total number of bins. Example if 5 bins are shredded we are charged for 5 bins not 7 bins.

The VBA estimates but does not guarantee that it will destroy the number of bins listed in SOW

XII. 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 background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all sub-contractor personnel requiring the same NACI Background Investigation.

b. The level of background security investigation 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.

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:

1. Background Investigation Request Worksheet

1. Optional Form 306 – Declaration of Federal Employment

1. VBA Contractor Fingerprint Request Form

1. VA Form 0710 – Authorization for Release of Information Fair Credit Report (if T2 or higher)

1. (SC) Self-Certification Form (if applicable)

1. VA Form 0711 – Request for Personal Identity Verification Card

1. SIC Contractor Background Request Form (unsigned)

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

1. The VBA has confirmed favorable fingerprint results, or

1. PSAC confirms that it has received the Contractor’s investigative documents, The documents are complete, and that the background investigation information has been released to OPM for scheduling of the background investigation, or

1. 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:

· After the VBA PERSEC has quality controlled the BI package from the Contractor, the VBA PERSEC will send a courtesy e-mail notification to the Contractor and the COR identifying the e-QIP email from DCSA including detailed instructions regarding completion of the BI application process and the level of background that was requested.

· Upon receipt of required background investigative documents, VBA PERSEC will review the background investigative documents for completion and initiate the background investigation by forwarding the background investigative documents to OPM to conduct the BI. If the background documents are not complete, VBA PERSEC will notify the Contractor and COR of deficiencies and include corrective instructions.

· VBA PERSEC will pay for background investigations and reciprocals processed through the VA PSAC and conducted by OPM in advance.

· The COR will notify and forward the Contractor a copy of the Certificate of Investigation when the BI has been favorably adjudicated or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The COR will also notify the Contractor of an unfavorable adjudication by the Government.

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

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in 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 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

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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.va.gov/oal/library/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 30 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 FOR DATA BREACH COSTS (FEB 2023)

(a) Definition. As used in this clause, ‘‘contract’’ means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101.

(b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required—

(1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or business associate, disclose sensitive personal information to any other person unless the disclosure is lawful and is expressly permitted under the contract; and

(2) The Contractor, subcontractor, their employees or business associates shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) of any security incident that occurs involving sensitive personal information.

(c) Liquidated damages. If the Contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of [$37.50] per affected individual in order to cover costs related to the notification, data breach analysis and credit monitoring. In the event the Contractor provides payment of actual damages in an amount determined to be adequate by the Contracting Officer, the Contracting Officer may forgo collection of liquidated damages.

(d) Purpose of liquidated damages. Based on the results from VA’s determination that there was a data breach caused by Contractor’s or any of its agents’ failure to protect or otherwise engaging in conduct to cause a data breach of VA sensitive personal information, and as directed by the Contracting Officer, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of [$37.50] per affected individual to cover the cost of the following:

(1) Notification related costs.

(2) Credit monitoring reports.

(3) Data breach analysis and impact.

(4) Fraud alerts.

(5) Identity theft insurance.

(e) Relationship to termination clause, if applicable. If the Government terminates this contract, purchase order, or agreement, in whole or in part under clause 52.249–8, Default—Fixed-Price Supply and Service, or any other related FAR or VAAR clause included in the contract, in addition to the required liquidated damages for data breach related expenses specified in paragraph (c) above, the Contractor is liable for excess costs for those supplies and services for repurchase as may be required under the Termination clause.

(End of Clause)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the…