36C10D26Q0135_1.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

F36B328-26-0000004 36C10D26Q0135 06-18-2026 Raymond Tracey 716-218-6579 06-29-2026

11:00 AM

EDT

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

DC

20006 X 561990 $16.5 Million N/A X Department of Veterans Affairs Veterans Benefits Administration Chicago Regional Office 2122 W. Taylor Street Chicago

IL

60612 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

See Section A.3 for Invoicing Instructions

See CONTINUATION Page This solicitation is for the acquisition of Document Destruction Services in accordance with the Statement of Work.

This requirement is being solicited as open market, unrestricted.

All Questions pertaining to this solicitation shall be submitted VIA email to Raymond.Tracey@va.gov no later than 23-June-2026 at 1:00 PM EST. Questions shall be answered VIA amendment to the solicitation.

All solicitation responses shall be submitted VIA email to Raymond.Tracey@va.gov no later than 29-June-2026 at 11:00 AM

EST.

See CONTINUATION Page X X One Raymond Tracey

VA-VBA-2025-0001

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: To Be Determined

b. GOVERNMENT: Contracting Officer 36C10D Raymond Tracey 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.

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.

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 Page 1 of Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Monthly Onsite Document Destruction services for the Chicago Regional Office in accordance with the Statement of Work. 95 Gallon Bins Estimated Quantity.

Contract Period: Base POP Begin: 07-15-2026 POP End: 07-14-2027 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Monthly Onsite Document Destruction services for the Chicago Regional Office in accordance with the Statement of Work. 95 Gallon Bins Estimated Quantity.

Contract Period: Option 1 POP Begin: 07-15-2027 POP End: 07-14-2028

Monthly Onsite Document Destruction services for the Chicago Regional Office in accordance with the Statement of Work. 95 Gallon Bins Estimated Quantity.

Contract Period: Option 2 POP Begin: 07-15-2028 POP End: 07-14-2029

Monthly Onsite Document Destruction services for the Chicago Regional Office in accordance with the Statement of Work. 95 Gallon Bins Estimated Quantity.

Contract Period: Option 3 POP Begin: 07-15-2029 POP End: 07-14-2030

Monthly Onsite Document Destruction services for the Chicago Regional Office in accordance with the Statement of Work. 95 Gallon Bins Estimated Quantity.

Contract Period: Option 4 POP Begin: 07-15-2030 POP End: 07-14-2031

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 task 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 task order price, which may be executed with a bilateral modification. At the end of the period of performance and after the contractor submits the final invoice for that period, the CO will issue a unilateral modification that specifies actual quantities and deobligates any excess funding.

B.2 STATEMENT OF WORK

Department of Veterans Affairs Documents Destruction Services

1. BACKGROUND

The Department of Veterans Affairs (Veterans Benefits Administration – Chicago Regional Office), located at 2122 W. Taylor St., Chicago, IL 60612, has a requirement for on-site confidential shredding services of paper documents in accordance with VA Directive 6371, including all appendices. The contractor shall provide monthly scheduled services and unscheduled services shall be communicated and scheduled at least 72 hours in advance via email with Chicago Regional Office 328 Support Services Records and Information Management Specialist (RIMS) when VA is purging records. The contractor must acknowledge receipt of unscheduled service requests within 24 hours via email. The acknowledgment should confirm the scheduled service date and time to ensure clarity and avoid any miscommunication. Contractor shall perform all on-site shredding services for offices located exclusively at 2122 W. Taylor St., Chicago, IL 60612.

2. SCOPE OF WORK

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 – Chicago Regional Office). The Contractor shall be responsible for conducting orientations for new contractor employees and providing documentation of trustworthiness for new employees. The contractor and employees will be accompanied by a VA employee while inside the Federal Building located at 2122 W. Taylor St.

The contractor is responsible for the final disposition of all shredded materials at the Chicago Regional Office. All destruction will comply with this Statement of Work and all applicable regulations and directives.

The contractor does NOT need to provide the Chicago Regional Office with containers (bins) which store materials for destruction. The Chicago Regional Office will supply two (2), 95-gallon bins. Sets of keys for all bin locking mechanisms are held by the Chicago Regional Office RIMS. The contractor will invoice only for those bins the Chicago Regional Office presents for emptying once a month.

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. In case of service cancellations, all efforts must be made to ensure subcontractors are notified promptly and service continuity is maintained by rescheduling services where feasible.

Note: Only the Contracting Officer (CO) is authorized to approve any changes to the contract requirements. If the Contractor makes changes at the direction of any other person other than the CO, the change shall be considered unauthorized, and the Contractor performs at its own risk. All questions concerning this contract shall be directed to the CO.

3. TYPE OF CONTRACT

Firm-Fixed Price Task Order

4. PLACE OF PERFORMANCE-HOURS OF OPERATION

Hours of operation: 9:30 AM to 2:00 PM CST

Scheduled shredding services: Every four weeks. Unscheduled service requests from the RIMS or designated representative must be fulfilled within forty-eight (48) hours after notification.

Work will not take place on Federal Holidays or weekends unless directed by the RIMS or Regional Office. If a Federal Holiday falls on a scheduled shredding day, shredding will resume the next official workday. Federal holidays include 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.

Contractor must provide a calendar with pick-up dates preferably on Tuesdays. Driver must contact the RIMS or designated representative at least one hour prior to arrival by calling the RIMS’ direct extension.

Loading Dock Specifications:

· Access Type: The dock is flat and features ground-level access with an access door.

· Platform Description: The dock is flat, making it convenient for loading and unloading without the need for ramps or stairs.

· Location: Department of Veterans Affairs (Veterans Benefits Administration – Chicago Regional Office), 2122 West Taylor St., Chicago IL 60612 The loading dock is situated on the Ogden Ave. side of the building.

· Entry: Pull the truck into the loading dock area and push the button at the gate.

· Security Clearance: Wait for security personnel to open the gate. Once the gate is open, proceed to the dock.

· Dock Maneuvering: It is advised that the driver backs up the truck to the dock when arriving. This maneuver will ease the process of exiting the loading dock when departing.

5. PERIOD OF PERFORMANCE

The base year period of performance will be 12 months from date of award (7/1/2026), 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 RIMS/Alternate RIMS.

6. DESTRUCTION OF TEMPORARY PAPER RECORDS

The destruction of temporary paper records containing sensitive data such as Personally Identifiable Information (PII), Protected Health Information (PHI), and other VA sensitive information must be performed securely, economically, and effectively. The approach must ensure that all data is rendered unreadable and unreconstructable, thereby mitigating any risk of unauthorized disclosure or misuse.

Procedures and Requirements:

1. Identification and Collection:

· Temporary paper records identified for destruction will be collected in the provided secure 96-gallon bins. These records can include paper documents, folders, x-ray file jackets, ID cards, and other materials with sensitive information.

· Secure bins will be collected at the scheduled intervals or upon request for unscheduled services.

2. Interim Destruction:

· Before the contractor leaves the premises, they must perform an on-site interim destruction process. This intermediate step helps significantly reduce the risk of sensitive information being disclosed during transportation.

· Interim destruction involves methods such as chopping, pulverization, or shredding to a degree that the documents are no longer readable or reconstructable. However, it may not yet meet all final destruction criteria as per VA Directive 6371.

3. Final Destruction:

· Final destruction ensures that materials are destroyed to the degree that they are definitively unreadable and unreconstructable. If this final destruction needs to be performed away from the VA facility, it must be done by a contractor who has demonstrated conformity with VA Directive 6371, including safeguards for transportation, transfer, and any short-term storage.

· Final destruction methods can include pulping, maceration, incineration, and processes that ensure complete destruction.

· All final destruction processes must be conducted at the vendor’s disposal yard, ensuring compliance with applicable laws and regulations as outlined in VA Directive 6371. Short-term storage references are removed to streamline processes.

4. NAID Certification:

· The contractor performing interim and final destruction must be NAID (National Association for Information Destruction) certified, bonded, and insured. This certification ensures the contractor meets industry standards for securely handling and destroying sensitive information.

5. Certification of Destruction:

· Interim Certificate of Destruction: Provided immediately upon conclusion of on-site shredding, documenting the amount, type of documents destroyed, and methods used.

· All Certificates of Destruction must be provided in electronic format to ensure efficient record-keeping and accessibility.

· Final Certificate of Destruction: If final destruction occurs off-site, a final certificate must be supplied within thirty (30) days, ensuring confirmation and details of complete destruction. Both types of certifications must outline what temporary records were destroyed, the date and amount destroyed, destruction methods, locations, and responsible personnel.

· All Certificates of Destruction must be provided in electronic format to ensure efficient record-keeping and accessibility.

6. Security Measures:

· Vendors must secure all documents designated for destruction using locked bins and maintain a robust chain of custody from the point of collection until final destruction. Documentation and proof of security measures must be provided upon request.

· Contractor employees who handle and destroy these records must carry appropriate security clearances and background checks. To ensure trustworthiness, documentation must be regularly updated and provided to the VA.

7. Environmental Considerations:

· Where feasible, temporary paper records should be recycled. The final disposition of materials must meet environmental and regulatory standards.

8. Compliance and Monitoring:

· The contractor must comply with all applicable laws, regulations, and VA policies related to the destruction of temporary paper records. VA Directive 6371 and its appendices provide the necessary standards and requirements.

· Regular monitoring, auditing, and the possibility of unscheduled inspections by VA representatives ensure compliance. The VA retains the right to inspect contractor facilities and processes.

7. PERFORMANCE OUTCOMES-OBJECTIVES

· The contractor must arrive with equipment capable of collecting, loading, and completing on-site destruction of materials in the provided shredding bins at the Chicago Regional Office.

· The contractor must shred documents following VA Directive 6371, ensuring compliance with cross-cut or double-cut shredding standards. The final product, if not recycled, must be disposed of through pulping, macerating, shredding, burning, or other definitive destruction methods.

· The contractor will provide the RIMS/Alternate RIMS with a written Certificate of Destruction in electronic format the same day that shredding service is performed, prior to leaving VA premises.

· If final destruction is not completed on-site, the contractor will provide the RIMS/Alternate RIMS with a written Certificate of Final Destruction in electronic format within 30 days of completing “Final Destruction.”

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

· The RIMS/Alternate RIMS will always escort the contractor through the building. The contractor will not be unaccompanied.

8. CONTRACTOR QUALITY CONTROL

· The contractor shall develop and maintain quality control programs to ensure destruction services are performed according to mandated specifications, regulations, and laws. Procedures must include identifying and preventing defective services and ensure confidentiality.

· The contractor shall not resell any destroyed documents in any form.

9. CONSTRAINTS

· The contractor must use cross-cut or double-cut shredding equipment equipped with a 3/32-inch security screen.

· Shredded materials, if not recycled, must be disposed of by pulping, macerating, shredding, burning, or otherwise rendering them unreadable and unreconstructable.

· Contractor must allow for on-site vehicle inspection of shredded items for compliance with VA policies. The RIMS/Alternate RIMS must witness the document and media destruction.

· Contractor must allow for unannounced inspections by a VA representative of contractor facilities or other locations used for completing services 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.

· The contractor must maintain a physical chain of custody that is never broken while conducting shredding/destruction services, transporting materials, and storing materials.

· Contractor personnel must comply with confidentiality when destroying documents, and personnel found reading VA material will be promptly removed from premises and barred from future service requests at VBA locations.

· All contractor employees handling VA Sensitive Information must complete TMS course 10176, VA Privacy and Information Security Awareness, and adhere to the Rules of Behavior.

· Contractor vehicles used in contract performance must maintain insurance, current state inspections, and vehicle registrations. Personal vehicles are not permitted for transporting containers to and from Government and contractor sites.

· Contractor must ensure vehicles are in proper working condition, kept locked, and properly secured at all times.

· Contractor must adhere to VBA policies for record destruction, including VA Handbook 6300, VA Directive 6371, and VBA Letter 20-21-04.

· In case of equipment malfunction during shredding, the contractor must provide a contingency plan to the RIMS to complete shredding within twenty-four work hours.

· Contractor must maintain a current listing of employees/subcontractor employees handling shred material, with details validated and signed by the company Facility Security Officer. Inform RIMS within twenty-four hours of any changes in employee status.

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

· Contractor employees must report any potential threats to security to RIMS immediately.

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

· RIMS may order the removal of any contractor personnel for reasons including moral character issues, unethical conduct, security reasons, or violation of on-site building rules, at the contractor's cost.

· 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 RIMS 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.

· Contractor will not hold discussions or release any information related to the contract without written consent from the RIMS.

· Contractor will not advertise information about contract projects without Government review and approval.

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

10. BACKGROUND INVESTIGATIONS

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.

11. 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.

12. TRAINING

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

(2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role-based information security training].

b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

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:

13. 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. The 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 The 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 The Department of Veterans Affairs. 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 purchase order. 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 the 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 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 the Department of Veterans Affairs 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 the Department of Veterans Affairs 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 Department of Veterans Affairs 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 the 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.

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 reconstructable to any degree {VA Directive 6371}

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

14. VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY

GENERAL

Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

VA INFORMATION CUSTODIAL LANGUAGE

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality-assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer to such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior…