Baltimore SOW final updated.docx

Department of Veterans Affairs Document Destruction Services

1. SCOPE OF WORK

The Contractor shall provide all services, labor, equipment, tools, transportation, facilities and equipment to furnish on‐site document destruction of paper documents in accordance with Department of Veterans Affairs (VA) Directive 6371. The contractor shall provide one scheduled service per month during normal working hours (Monday through Friday) for the VBA Baltimore Regional Office. 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 government anticipates a single (all or none), firm‐fixed‐price award for a base and four consecutive 12-month option years.

2. REQUIREMENTS

2.1. The contractor shall provide one vehicle capable of shredding paper documents. The contractor shall supply and maintain 11 (96 gal) secured office appropriate bins. The government shall designate the secured office workspace where the bins will be stored. The contractor once per month shall complete onsite shredding of documents placed in bins.

2.2. Contractor shall shred paper documents in accordance with VA Directive 6371- Destruction of Temporary Records (SEE ATTACHMENT). The final product, if not recycled, will be destroyed by pulping, macerating, shredding, burning, or otherwise definitively destroying the information contained in the material. Final Destruction shall be in accordance with VA Directive 6371- Destruction of Temporary Records.

2.3. Contractor shall allow for on‐site vehicle inspection of shredded items for compliance of VA Policy. A Federal employee must witness the destruction of documents and media.

2.4. Contractor shall allow for the inspection of the contractor warehouse annually if requested.

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

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

2.7. The contractor shall provide the Contracting Officer on the same day that shredding service is provided a written Certificate of Destruction containing the following information to include the method used and the employee(s) who performed the job. The Certificate of Destruction shall as a minimum contain the following:

2.7.1. Pick-up/Delivery Location

2.7.2. Pick-up/Delivery Date

2.7.3. Name of Government point of contact at Pick-up Location

2.7.4. Name of Contractor employee who destroyed the material.

2.7.5. Destruction Certification Document Number

2.7.6. Destruction Certification Date

2.7.7. Any other information as determined necessary by the Contracting Officer.

3. NON-PERSONAL SERVICES

These services are non-personal. Contractor personnel are not subject to the supervision and control of a Government officer or employee in accordance with (IAW) Federal Acquisition Regulation (FAR) 37.104(a) (1) (ii). Rather, contractor personnel perform their duties IAW specific tasks outlined in the SOW. Supervisory functions such as hiring, directing, counseling, and firing of contractor personnel are not performed by the Government. The contractor personnel who furnish services under this contract are subject to Government technical oversight of the services provided. The Government retains the right to reject services and or fees for contractual nonperformance.

4. SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES

4.1 The Contractor will not have access to VA Information and/or VA Information Systems.

BACKGROUND INVESTIGATIONS

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 the contract award, the COR will provide the Contractor with the following background investigation documents to be completed by the Contractor and returned through 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 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

5. SHREDDING ESTIMATES:

The VBA estimates but does not guarantee that it will destroy the number of bins listed in SOW section 2.1 per month.

7. REGIONAL OFFICES’ POINTS OF CONTACT

8. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

8.1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

8.2. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO in response.

8.3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

9. PERIOD OF PERFORMANCE

9.1The period of performance shall be one (1) 12-month base Period of Performance (POP) with four 12-month option periods. The contractor shall deliver the required bins within 10 days from task order effective date.

9.2 The contractor shall conduct onsite shredding during Monday-Friday between 8:00 am and 2:00 pm. The contractor shall coordinate the actual weekday and time with the designated government point of contact and shall provide the shredding services at the agreed upon date and time. The agreed upon weekday and time shall remain in effect unless changed by mutual agreement.

10. PLACE OF PERFORMANCE

Veterans’ Benefits Administration Baltimore Regional Office 31 Hopkins Plaza, STE 2109, Baltimore, MD 21201

To access the outside loading and unloading area, the contractor will need to use the ramp located at the corner of Hopkins Place and W. Lombard Street. The regional office employee will be responsible for bringing the shredding bins downstairs.

A call box is located at the barrier; the contractor must use the call box to contact Security to gain access.” The contractor will not be required to enter the building.

Loading dock, to access the outside loading and unloading area the contractor will have to access the ramp at the corner of Hopkins Place and W Lombard St. There’s a call box located at the barrier for contractor to call Security to gain access.

11. HOLIDAYS

The contractors shall not be required to perform any under this contract on any of the following federal holidays: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

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

13. CHANGES TO THE STATEMENT OF WORK (SOW)

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.

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. Flow down 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 reconstruct able 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