36C10D26Q0080.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

36C10D26Q0080 05-05-2026 Scott Cole (202)-461-9963 05-19-2026 4:00

EDT

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

DC

20006 X X 561990 $16.5 Million Net 30 Days N/A X Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 380 Westminster St.

Providence

RI

02903 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

See Invoice Instructions in Section A.3

See CONTINUATION Page Document Destruction Services at the VBA Providence Regional Office in Providence, RI.

See CONTINUATION Page X Scott Cole VA-VBA-2023-0006 Contracting Officer Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

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

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

A.3 INVOICE INSTRUCTIONS

General invoicing instructions are included here.

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

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract Number.

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

Vendor Electronic Invoice Submission Methods:

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

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

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

Vendor e-Invoice Set-up Information:

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

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

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

· VA TUNGSTEN Number: AAA544240062

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

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

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

Page 1 of Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Final destruction of temporary records per month IAW the attached Scope of Work. Estimated Quantity of two (2) bins at 95 gallons.

Contract Period: Base POP Begin: 06-08-2026 POP End: 06-07-2027 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

Final destruction of temporary records per month IAW the attached Scope of Work. Estimated Quantity of two (2) bins at 95 gallons.

Contract Period: Option 1 POP Begin: 06-08-2027 POP End: 06-07-2028

Final destruction of temporary records per month IAW the attached Scope of Work. Estimated Quantity of two (2) bins at 95 gallons.

Contract Period: Option 2 POP Begin: 06-08-2028 POP End: 06-07-2029

Final destruction of temporary records per month IAW the attached Scope of Work. Estimated Quantity of two (2) bins at 95 gallons.

Contract Period: Option 3 POP Begin: 06-08-2029 POP End: 06-07-2030

Final destruction of temporary records per month IAW the attached Scope of Work. Estimated Quantity of two (2) bins at 95 gallons.

Contract Period: Option 4 POP Begin: 06-08-2030 POP End: 06-07-2031

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

B.2 STATEMENT OF WORK

Confidential On-Site Shredding Services Providence VBA Regional Office (304)

1. BACKGROUND

The Department of Veterans Affairs, (Veterans Benefits Administration – Providence Regional Office), 380 Westminster Street, Providence, RI 02903 has a requirement for onsite confidential shredding services of paper documents in accordance with VA Directive 6371 including all appendices. The contractor shall provide scheduled service every four weeks, and unscheduled services that may arise from time to time when VA is purging records. Contractor shall perform all on-site shredding services for offices located exclusively at 380 Westminster Street, Providence, RI 02903

2. SCOPE

The contractor will provide all labor, personnel, equipment, supplies, secured vehicles, materials, supervision, and other related services necessary to provide commercial document destruction services for the Department of Veterans Affairs, (Veterans Benefits Administration –Providence Regional Office), 380 Westminster Street, Providence, RI 02903. The Contractor shall be responsible for conducting orientations to new contractor employees. This will not relieve the contractor’s obligation to provide documentation of trustworthiness of new employees. The contractor and employees will be accompanied by a VA employee while inside the Federal Building located at 380 Westminster Street, Providence, RI 02903.

The contractor will be responsible for final disposition of all shredded materials in the Providence Regional Office, approximate volume of up to two (2) 95-gallon bins per month. All shredding will take place at the Providence VA Regional Office loading dock located at 380 Westminster Street, Providence, RI 02903, and shall be witnessed by a VA employee authorized to witness destruction of sensitive VA Material. The Contractor shall shred materials in accordance with this Statement of Work and all applicable regulations and directives.

The Contractor is responsible for safeguarding material until final destruction. When material is burned residue must be reduced to white ash.

The contractor will provide the Providence Regional Office with (2) 95-gallon, secure containers (bins) to collect and store materials to be shredded until such time that shredding of the materials occurs. Bin quantities will be stated on each task order. The contractor will provide bins that have wheels, can hold an average of 300 lbs. (95 gallons), possess locking mechanisms, and utilize a keyed lock. Sets of keys and/or combination for the bin locking mechanisms shall be issued to the VA Providence Regional Office Records Management Officer. All like size containers will use the same key lock and key code. Sets of keys for all bin locking mechanisms will be issued to the Providence VBA Regional Office’s Records Management Officer (RMO). The bins will not have a slot in the bin for inserting shred material.

The Contractor shall provide for Monthly On-Site Shredding Service: up to two (2) 95-gallong containers per service – Services every four weeks (between 1 to 2 containers per service). As needed, the contractor shall also provide unscheduled services that may arise from time to time when VA is purging records.

The VA Providence Regional Office shall designate the secure office workspace where the bins will be stored.

3. PLACE OF PERFORMANCE

The Department of Veterans Affairs, (Veterans Benefits Administration – Providence Regional Office), 380 Westminster Street, Providence, RI 02903

3. TYPE OF CONTRACT

The contractor will invoice only for those bins the Providence Regional Office presents for emptying every 4 weeks. The contractor will allow cancellation of any pickup, with no charge to the Government, if 48 hours notice or more is provided by the Government to the contractor. Notice will be in the form of an email to the contractor’s point of contact.

Note: The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract. In the event the Contractor makes any changes at the direction of any other person other than the CO, the change shall be considered to have been made without authority and the Contractor performs at its own risk.

All questions concerning this contract shall be directed to the CO.

4. PERIOD OF PERFORMANCE:

The base year period of performance will be 12 months from date of award, with four (4) one-year pre-priced option periods.

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

5. DESTRUCTION OF TEMPORARY PAPER RECORDS

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

CERTIFICATE OF DESTRUCTION:

At a minimum, the contractor will conduct on-site interim destruction of the VA shred material and will present the RMO with a written Interim Certificate of Destruction prior to departing the Regional Office. The contractor must also provide the RMO written documentation that attests to the completion of the destruction process of VA temporary paper records after the final destruction, as defined by policy.

Certification documentation can be in the form of a letter, memo, or any format attesting to complete destruction. This certification is not considered a valid certification of destruction if completed and submitted prior to the final destruction of the records.

The certification should contain sufficient information to attest to the final destruction of the temporary paper records – what temporary records were destroyed, the date and amount destroyed, what destruction method was used, where they were destroyed, and who was responsible for their final destruction. The Certificate of Destruction must also read “Final Destruction”.

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

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

Certificates of destruction from information destruction contractors must be maintained in accordance with applicable VA Records Control Schedules and should be completed and provided to the VA organization that created the temporary paper records only after final destruction has taken place.

A Certificate of Destruction must be submitted for every shipment of temporary paper records released to an information destruction contractor.

Final Destruction:

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

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

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

Interim Destruction:

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

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

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

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

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

Although lesser destruction measures (e.g., interim destruction) may be taken prior to the secure transport of temporary paper records, final destruction of the records must ensure the information on the temporary paper record is not readable or reconstructable to any degree.

If final destruction is not carried out by VA employees, then the final destruction must be witnessed by a VA employee or, if authorized by the VA organization that created the temporary paper records, a contractor (or subcontractor or third party) employee may serve as witness. If final destruction is not carried out by VA employees, it must be carried out by either:

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

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

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

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

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

Readable:

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

Reconstructable:

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

6. PERFORMANCE OUTCOMES – OBJECTIVES

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

· The contractor will shred paper documents in accordance with VA Directive 6371, Destruction of Temporary Records.

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

· 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” in accordance with VA Directive 6371, Destruction of Temporary Records.

· 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.”

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

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

7. CONTRACTOR QUALITY CONTROL

· The contractor shall develop and maintain quality control programs to ensure destruction services are performed in accordance with mandated specifications, regulations, and laws. The contractor shall develop and implement procedures to identify and prevent the occurrence of defective services. Contractor shall execute the terms of this contract in a manner that will safeguard the confidentiality of all documents and information.

· The contractor shall not resell, in any form, any documents that have been destroyed.

8. CONSTRAINTS

· Contractor owned and operated equipment will be capable of cross cutting or double-cut shredding using disintegrator devices equipped with 3/32-inch security screen. The final product, if not recycled, will be disposed of by pulping, macerating, shredding, burning, or otherwise definitively destroying the information contained in the material. Interim shred will be of such size as to not be easily reconstructable or readable prior to leaving the VBA facility.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) the time and date of occurrence.

(2) the place of occurrence.

(3) a list of personnel directly involved; and

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

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

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

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

9. PLACE OF PERFORMANCE / HOURS OF OPERATION

Department of Veterans Affairs, Providence Regional Office, 380 Westminster St, Providence, R.I 02903. Hours of operation are 8:00AM to 2:00PM EST.

The contractor will normally shred materials once every four weeks.

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

Unless directed by the RMO, or Regional Office, work at the site will not take place on Federal Holidays or weekends.

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

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

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

11. Billing / Invoices

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

· Contract and Obligation Number. The Contract number will remain the same throughout the term of the contract, however, the obligation number shall change each year.

· Company Name and Address

· Invoice Date

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

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

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

· Line-item cost ($) amounts

· Total cost ($) due

· Terms for any discount for prompt payment

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

· Additional Information deemed necessary by CO.

12. Holidays Work at any government site will not take place on Federal holidays or weekends. There are eleven (11) Federal holidays. New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

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 VA Letter 20-21-04, Records, and Information Management 5 U.S.C. §552a, Privacy Act 44 U.S.C. 3301, Definition of Records

RECORDS MANAGEMENT OBLIGATIONS

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

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

4. Department of Veterans Affairs 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 Department of Veterans Affairs 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.

5. The contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veterans Affairs 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. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. 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.

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

8. 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.

9. 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.

10. The Department of Veterans Affairs owns the right 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 Department of Veterans Affairs 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.

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

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

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

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

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

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

GENERAL

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.