36C10E20Q0052-016.docx

36C10E20Q0052

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA

36C10E20Q0052 11-20-2019

KIMBERLY TOMASI

kimberly.tomasi@va.gov 11-29-2019 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W. / Room 540-D1 Washington DC 20420 X X 561990 $12 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Columbia VA Regional Office 6437 Gamers Ferry Road Columbia SC 29209 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W. / Room 540-D1 Washington DC 20420

All invoices must be emailed to:

TBD

See CONTINUATION Page Request for quote for on-site confidential shredding services for the Department of Veterans Affairs, Veterans Benefits Administration, VA Regional Office, Columbia, SC.

per attached Statement of Work (SOW).

See Section B.2 - Statement of Work (SOW).

"TIERED EVALUATIONS - INCLUDING SMALL BUSINESS"

Solicitation questions shall be submitted via email to:

kimberly.tomasi@va.gov no later than Monday, November 25, 2019 @ 0800 AM, EST.

Quotes shall be emailed to: kimberly.tomasi@va.gov and and received by Friday, November 29, 2019 @ 0800 AM, EST.

Evaluation criteria: Price and Past Performance See CONTINUATION Page Invoices to be processed via electronic funds transfer (EFT) X X X

KIMBERLY M. TOMASI

VBA15L1-0268

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10E KIMBERLY M. TOMASI Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W. / Room 540-D1 Washington DC 20420

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 must be emailed to:

TBD

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK (SOW)

STATEMENT OF WORK (SOW)

CONFIDENTIAL ON-SITE SHREDDING SERVICES

COLUMBIA VA REGIONAL OFFICE (VARO)

1. BACKGROUND

The Department of Veterans Affairs Regional Office Columbia has a requirement for onsite shredding services of paper documents and media destruction in accordance with VA Directive 6371 including all appendices. The contractor shall provide weekly service and unscheduled services that may arise from time to time when VA is purging records. Contractor shall perform all on-site shredding services for its office located the VA Regional Office Columbia, 6437 Garners Ferry Road, Columbia S.C., 29209

2. SCOPE OF WORK

The Contractor shall provide onsite shredding services of paper documents and media destruction in accordance with VA Directive 6371 including all appendices. VA Directive 6371 is the guiding document for shredding. Also, VBA Directive 6300, Records and Information Management, dated September 23, 2016 rescinded VBA Letter 20-08-63 Revised (3d). Note that VBA Directive 6300 is the authority and policy for a formalized records management program.

3. PLACE OF PERFORMANCE

VA Regional Office Columbia, 6437 Garners Ferry Road, Columbia S.C., 29209

4. PERIOD OF PERFORMANCE

Base Year (12 months) with four (4) one-year options.

5. CONTRACT TYPE

Firm-Fixed Price

6. PERFORMANCE DETAILS: Weekly, on-site confidential shredding services for seven (7), 95-gallon bins for 52 weeks. Total estimated number of bins per year is 364 bins. Invoice payments shall be for the exact number of bins shredded.

7. GENERAL CONDITIONS

a. Contractor shall provide 7ea, 4-wheeled, 95-gallon rolling bins with padlock, locking capability. Locks And keys provided by the contractor. Bins will remain property of the contractor.

b. Additional pickups may be scheduled by the RMO to meet mission demands as needed and should be included in the contractors bid.

a. The RMO will provide a 48-hour notification on those special occasions.

b. The RMO needs to be notified in advance if the truck is out of service or they cannot come for some other reason and the RMO will give the shred company the same notification if they are unavailable. A response time for service calls will be within 48 hours of notification

c. Contractor shall perform all services on-site at the locations listed below. Furthermore, the contractor shall provide all necessary labor, supervision management, management support, transportation, supplies, equipment and materials to maintain security of sensitive materials at their points of origination throughout the agency, and to collect and transfer these sensitive materials in a secure fashion from the point of origination to the point of on-site destruction.

d. The contractor shall guarantee securely transporting sensitive Personal Identifying Information (PII) data from point of pickup to the point of on-site destruction.

e. Materials will not be allowed to accumulate and overflow from current holdings. In this event, the contractor may be contacted in advance to coordinate additional pick-ups.

f. The Contracting Officer’s Representative (COR) and Records Management Officer (RMO) will provide a complete and accurate communication so that the coordination of services may occur.

g. The contractor shall work with the designated Veterans Affairs staff to ensure proper oversight and instruction throughout this entire process.

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

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

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

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

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

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

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

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

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

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

8. SPECIFIC TASKING REQUIRED

1. Pick-up confidential information;

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

1. On average, destruction will include approximately 665 gallons each week;

1. The contractor shall coordinate weekly pick-up service with COR and RMO;

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

1. The contents to be shredded and destroyed on-site will be witnessed by the Record Management Officer (RMO) and/or Record Management Technician (RMT);

1. Provide shredding containers to meet requirements of the Regional Office;

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

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

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

1. After shredding is complete, a billing invoice calculating the charge shall be prepared and left with the RMO/RMT. Note: The Customer Service Representative provides a Certificate of Destruction after each weekly shredding event. The invoice is sent monthly to the VARO Accountants for processing and payment.

9. CONFIDENTIALITY

All work is to be performed by competent personnel, experienced and qualified to provide services. Contractors shall keep all VA records and related information strictly confidential.

10. INVOICE/BILLING AND DESTRUCTION CERTIFICATION

Contractor will provide the VA Finance Department with a monthly invoice to include both a detailed invoice along with a destruction certification:

a. Monthly invoices of bins (to include CDs) destroyed. Note: The Customer Service Representative provides a Certificate of Destruction after each weekly shredding event. The invoice is sent monthly to the VARO Accountants for processing and payment.

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

c. Invoice Number

d. 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.

e. Total monthly charge(s) detailed and outlined.

11. HOLIDAYS

The Government observes the following holidays, also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday is observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. The offices will be closed on the holiday and therefore unavailable.

12. POINTS 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.

Station COR: Reubin Bookert Phone: (803) 647-2384 E-Mail: Reubin.bookert@va.gov Title: Records Management Officer (COR)

Contracting Officer: Kimberly M. Tomasi, Email: kimberly.tomasi@va.gov

13. CONTRACTOR PERSONNEL SECURITY

a. Any individual who requires access to the VA site(s), personally identifiable information (PII) and/or access to VA local area network (LAN) systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all sub-contractor personnel requiring the same NACI Background Investigation.

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

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

14. DIRECTIVES

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

Appendix A.

VA DIRECTIVE 6371 5 (b). Final Destruction: The process through which temporary paper records are pulped, macerated, or shredded to a degree that definitively ensures that they are not readable or can be reconstructed to any degree. If this final destruction is performed away from a VA facility it must be performed, where practicable, by a National Association for Information Destruction (NAID) certified, bonded and insured recycler or paper mill and any intermediary processes must protect the records until final destruction is completed.

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

Appendix D. Contracts for destruction of temporary paper records must include specific clauses to ensure that PII and other sensitive temporary records are handled in a secure manner until they undergo final destruction. At a minimum, these contracts shall require documentation that any contractor who will handle the records until final destruction is completed is bonded, insured, NAID certified for paper/printed media destruction, and can provide reasonable physical safeguards for the data throughout the destruction process per VA HANDBOOK 6500.6 MARCH 12, 2010, APPENDIX C (3) (d). The contractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

15. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENTS

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA 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, Contract Security which are available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

This acquisition will not require connection of contractor-owned IT devices (e.g., laptop, workstation, etc.) to a VA internal trusted network therefore a Security Accreditation Package is not required therefore the C&A requirements do not apply.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor 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 health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

4. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

5. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access)

(2) Description of the event, including

(3) Date of occurrence

(4) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code

(5) Number of individuals affected or potentially affected

(6) Names of individuals or groups affected or potentially affected; 5) Ease of logical data access to the lost, stolen or improperly accessed data considering the degree of protection for the data, e.g., unencrypted, plain text

(7) Amount of time the data has been out of VA control

(8) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons)

(9) Known misuses of data containing sensitive personal information, if any

(10) Assessment of the potential harm to the affected individuals

(11) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(12) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $_37.50__ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

6. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

WEEKLY PICK-UP (52 WEEKS) - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

NOTE: Estimated 7 bins per week (364 bins per year). Invoice payments shall be for the exact number of bins shredded.

Contract Period: Base POP Begin:

POP End:

UNSCHEDULED PICK-UP - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

Contract Period: Base

WEEKLY PICK-UP (52 WEEKS) - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

NOTE: Estimated 7 bins per week (364 bins per year). Invoice payments shall be for the exact number of bins shredded.

Contract Period: Option 1

UNSCHEDULED PICK-UP - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

Contract Period: Option 1

WEEKLY PICK-UP (52 WEEKS) - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

NOTE: Estimated 7 bins per week (364 bins per year). Invoice payments shall be for the exact number of bins shredded.

Contract Period: Option 2

UNSCHEDULED PICK-UP - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

Contract Period: Option 2

WEEKLY PICK-UP (52 WEEKS) - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

NOTE: Estimated 7 bins per week (364 bins per year). Invoice payments shall be for the exact number of bins shredded.

Contract Period: Option 3

UNSCHEDULED PICK-UP - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

Contract Period: Option 3

WEEKLY PICK-UP (52 WEEKS) - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

NOTE: Estimated 7 bins per week (364 bins per year). Invoice payments shall be for the exact number of bins shredded.

Contract Period: Option 4

UNSCHEDULED PICK-UP - CONFIDENTIAL ON-SITE SHREDDING SERVICES IN ACCORDANCE WITH THE STATEMENT OF WORK.

Contract Period: Option 4

B.4 DELIVERY SCHEDULE

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

USA

364.00

803-647-2477 michael.gall@va.gov

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

5.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

364.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

5.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

364.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

5.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

364.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

5.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

364.00

COLUMBIA VA REGIONAL OFFICE

6437 GAMERS FERRY ROAD

COLUMBIA, SC 29209

5.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.