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36C24118Q0110
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
402-18-1-4813-0057 36C24118Q0118 01-08-2018 Johanne Menard 413-584-4040 X6343 01-16-2018 8:00 am 00241 Department of Veterans Affairs
VA CENTRAL WESTERN MASSACHUSETTS HCS
Acquisitions-90 421 North Main Street Leeds MA 01053-9764 X X 561990 $11 Million X N/A X Department of Veterans Affairs VA Maine Healthcare Systems 1 VA Center Augusta, ME 04330 00241 Department of Veterans Affairs VA Central Western Massachusetts HCS Acquisitions-90 421 North Main Street Leeds MA 01053-9764
All invoices from the contractor shall be submitted electronically as per VAAR Clause 852.232-72 Electronic Submission of Payment Request http://www.fsc.va.gov/einvoice.asp 877-353=9791 See CONTINUATION Page This solicitation is a request for quote (RFQ) for shredding services for the VA Maine Healthcare System. Government intends to award a firm fixed price purchase order with one base year plus 4 possible option years. Contractor shall provide all necessary personnel, supervision, labor, equipment , materials, & disposal necessary to provide shredding services to 10 Maine locations pursuant to PWS.
Quoters should carefully follow instructions included in 52.212-1 & for evaluation criteria specified in Section E (52.212-2 & Basis for Award).
Pricing should be identified in B.2 Price/Cost Schedule attached to the RFQ.
Multiple Wage Determinations apply. See attached.
All quotes shall be emailed to Johanne.Menard@va.gov no later than 8am on 1/16/18. ONLY SMALL BUSINESSES WILL BE
CONSIDERED.
Non-compliant quotes will not be considered.
$0.00 See CONTINUATION Page 402-3680162-4813-856700-2580 0100C10Z2 X X X
JOHANNE MENARD
Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PERFORMANCE WORK STATEMENT | 4 |
| B.3 PRICE/COST SCHEDULE | 8 |
| ITEM INFORMATION | 8 |
| SECTION C - CONTRACT CLAUSES | 25 |
| C.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 25 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 25 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 26 |
| C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 26 |
| C.5 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) | 26 |
| C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 26 |
| C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) | 27 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 29 |
| D.1 APPLICABLE WAGE DETERMINATIONS | 29 |
| D.2 IT CONTRACT SECURITY (MARCH 12, 2010) | 30 |
| D.3 BUSINESS ASSOCIATE AGREEMENT | 34 |
| SECTION E - SOLICITATION PROVISIONS | 39 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) | 39 |
| E.2 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION) | 43 |
| E.3 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (JAN 2008) | 43 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 44 |
| E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 44 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) | 46 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C241
| Department of Veterans Affairs |
| VA CENTRAL WESTERN MASSACHUSETTS HCS |
| Acquisitions-90 |
| 421 North Main Street |
| Leeds MA 01053-9764 |
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Monthly |
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.
http://www.fsc.va.gov/einvoice.asp
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PERFORMANCE WORK STATEMENT
Performance Work Statement (PWS) VA Maine Healthcare System - Shredding Services 36C241-18-Q-0118
I. Introduction
This contract will provide for the secure collection and onsite shredding of confidential information generated from the regular clinical, administrative and business processes of the Maine VA Healthcare system. These facilities are located throughout the State of Maine (as detailed below) and include the VA Maine Healthcare System (VAMHS), Augusta, ME as well as multiple Community Based Outreach Clinics (CBOCs) served throughout the Maine VA System.
II. Locations Required
1. Main Campus - VA Maine Healthcare System, 1 VA Center, Augusta, ME 04330 VA personnel will collect up all paper to be shredded from across the hospital. After collection by VA personnel, the on-site shredding services will be conducted at building 204 Loading Dock . It is estimated that shredding services should not exceed one (1) hour.
2. Community Based Outpatient Clinics (CBOC):
· Bangor CBOC (Weekly Pickup) 35 State Hospital Drive, Bangor, Maine 04401
· Calais (Monthly Pickup) 50 Union St. Calais, Maine
· Caribou CBOC (Monthly Pickup) 163 Van Buren Drive, Ste 6, Caribou, Maine, 04736
· Lewiston CBOC (Bi-Monthly Pickup) 15 Challenger Drive, Lewiston, Maine
· Lincoln CBOC (Monthly Pickup) 99 River Rd., Lincoln, Maine 04457
· Portland CBOC (Bi-Monthly Pickup) 144 Fore St., Portland, Maine 04402
· Rumford CBOC (Monthly Pickup): 431 Franklin St., Rumford, Maine
· Saco CBOC (Bi-Monthly Pickup): 655 main St., Saco, Maine
III. Period of Performance
Base February 1st, 2018 to January 31st 2019 Option Year 1: February 1st, 2019 to January 31st 2020 Option Year 2: February 1st, 2020 to January 31st 2021 Option Year 3: February 1st, 2021 to January 31st 2022 Option Year 4: February 1st, 2022 to January 31st 2023
IV. General Background Information
It is the policy of the VA through VA Directive 6371 that all paper records under the jurisdiction of the VA will be handled by the most secure, economical and effective means in accordance with legal requirements. PII is the most sensitive form of information handled at the VA and, therefore, requires the use of extraordinary procedures for its protection. PII that is not properly disposed of can result in actual or potential identity theft and cause personal hardship to the subject individuals. It is imperative that the appropriate means of destruction be used for all VA temporary paper records.
With the implementation of new and enhanced regulatory criteria and the need for a systematic secured and trackable process, a comprehensive solution is sought by VA Maine Healthcare System to ensure compliance with all Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations and VA Directive 6371. This process shall include but not be limited to being HIPAA compliant and defined and trackable from each point in the process.
V. Scope
1. Contractor will be required to provide a complete written process flow and identify the specific methods and processes used to insure compliance with the Privacy Act of 1974 and HIPAA, JACHO and all privacy standards and regulations including but not limited to:
· Federal Records Act, 44 U.S.C. Chapter 31
· VA Directive 6500, Information Security Program
· 36 C.F.R. 1228.58 Destruction of Temporary Records
2. Contractor will be required to provide a written policy regarding how they will ensure that their personnel will be scrutinized in the hiring, training, monitoring of compliance to ensure minimal risk due to human error.
3. Contractor shall provide a written pick-up schedule to the Contracting Officer’s Point of Contact (POC) which will be followed to ensure adequate coverage for all locations. All CBOC’s require a monthly pickup (at least) per section II of this PWS.
4. Contractor will be required to provide lockable containers at each CBOC and at the pickup locations on the main VAMHS campus. Containers must be in compliance with JACHO and HIPAA standards at the point of collection, as well as the centralized collection location, at each site. Collection containers distributed throughout the VAMHS facilities must be secured in a manner that prohibits unauthorized individuals from accessing paper records identified for destruction that have been deposited into them. These containers must provide reasonable physical safeguards which may include, among other measures, locks or placement in secure areas.
5. Contractor personnel will pick up materials from the secure point-of-collection containers.
6. Contractor will be required to provide shredding services on-site so that no confidential materials are removed from the premises before shredding is completed.
7. Contractor will be required to provide documentation of the pick – up at each collection point and the total weight of all materials shredded in a monthly report.
8. Contractor shall be bonded, insured, NAID certified for paper/printed media destruction and can provide reasonable physical safeguards for the data throughout the destruction process.
9. Contractor must enter into a fully actuated Business Associate Agreement (BAA) as attached.
VI. Applicable Directives
Regulations: Contractor will comply with and ensure the process outlined and implemented is in compliance with the attached regulations, including any and all regulatory changes that may occur during the term of the contract:
· The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules http://www.hhs.gov/ocr/privacy/hipaa/understanding/srsummary.html http://www.hhs.gov/ocr/privacy/hipaa/understanding/srsummary.html
· Joint Commission on Accreditation of Hospitals standards
VII. Federal Holidays
Hours are 0800-1630 Monday through Friday except Federal holidays. The holidays observed by the Federal Government are:
| New Years Day |
| Martin Luther King Jr.’s Birthday |
| Presidents Day |
| Memorial Day |
| Independence Day |
| Labor Day |
| Columbus Day |
| Veterans Day |
| Thanksgiving Day |
| Christmas Day |
| (or any other day specifically declared by the President of the United States |
| Of America to be a Federal Holiday). |
When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.
VIII. Contractor Requirements:
1. Provide a Process flow diagram that meets the regulations of HIPAA and JACHO.
2. Provide secure, lockable containers for the collection of confidential materials at all identified point-of-collection sites noted on the Campus layout diagrams attached at all locations in the Site list.
3. Provide necessary containers and equipment required to collect and transport materials in a safe and secure manner if needed to the on-site shredding location. Material must be kept confidential and secure throughout all phases of the collection and destruction processes as defined herein and in the regulation by inclusion by reference.
4. Provide all labor needed to collect, weigh and shred all materials on-site
a. Weekly at the VAMHS Campus
b. As specified at the Community Based Outreach Clinics.
5. Notify the POC of any delays in the pick-up, removal or disposal of recyclable materials in providing services under this contract.
6. Provide only bonded and insured individuals for the collection and destruction of the materials. Employees of contractor shall dress in marked uniforms with nametags for easy identification.
7. Provide necessary equipment needed to shred all collected materials according to HIPAA regulations and shall be cross-cut shredded.
8. Be able to shred all types and colors of paper as well as the staples and fasteners.
9. Use shredded paper for recycling purposes, but may not sell it as packing materials.
10. Not allow anyone access to the shredding container without permission from the POC or Contracting Officer.
11. When requested, allow the POC to witness the on-site collection and shredding process in whole or in part.
12. Ensure an acceptable alternative method of destruction for facility records are available when a contractor’s shredder is temporarily not operational.
13. Provide a Certificate of Destruction at the time of service in order to document the destruction of the materials. The Certificate of Destruction shall be a written record of the destruction of records by the contractor attesting to the completion of the destruction process AFTER the destruction of VA records has taken place. This certification is not considered valid if submitted prior to the actual destruction of the records.
14. Contractor shall conduct an annual audit (not later than the anniversary date of the signing of the subject contract) of their written process and provide a written report to the VA. VA may, at their discretion, request additional remedial measures and/or may conduct their own oversight audit of the process in addition, with which Contractor will cooperate.
IX. Documentation Required:
Documentation shall be submitted by the Contractor to the Government Point of Contact, Kathleen Gagnon-Rood, Administrative Officer, Facilities Management/Environmental Services, which shall consist of the following:
1. A monthly printout which shall include location and quantify of shredding provided
2. Dollar amount paid by the VA for said shredding services
3. Copies of all Certificates of Destruction maintained in accordance with applicable VA Records Control Schedules.
4. Documentation of any and all exceptions and/or incidents which may have occurred including response to those exceptions and/or incidents by Contractor.
X. Vehicle(s):
The shredding vehicle(s) used in the performance of this contract will be licensed, registered and insured. The VA reserves the right to inspect the Contractor’s equipment and vehicles.
XI. Contractor Qualifications:
Contractor shall be successfully established in the shredding business, be financially responsible, and have the necessary equipment and personnel to furnish service in the volume required for all the items under this contract. Contractor shall meet all requirements of Federal, State and/or City code(s) regarding operations of this type of service and provide proof to the Contracting Officer that his/her business is licensed.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 0001 |
| Provide for the secure collection and onsite shredding of confidential information generated from the regular clinical, administrative and business processes of the Maine VA Healthcare system pursuant to attached Performance Work Statement. |
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AA |
| VA Maine Healthcare System |
1 VA Center, Augusta, ME
Weekly pick-up of sixteen (16) 65-gallon bins.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AB |
| Bangor CBOC |
35 State Hospital Drive, Bangor, ME
Pick up two (2) 65-gal. bins every 3 weeks.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AC |
| Calais |
50 Union St., Calais, ME
Pick up one (1) 65-gal. bin monthly.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AD |
| Caribou CBOC |
163 Van Buren Dr., Ste 6, Caribou, ME
Pick up one (1) 65-gal. bin monthly.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AE |
| Lewiston CBOC |
15 Challenger Drive, Lewiston, ME
Pick up two (2) 65-gal. bins monthly.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AF |
| Lincoln CBOC |
15 Challenger Dr., Lewiston, ME
Pick up one (1) 65-gal. bin monthly.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
1.00
| yr |
| __________________ |
| __________________ |
| 0001AG |
| Portland CBOC |
144 Fore St., Portland, ME
Pick up one (1) 65 gal. bins twice per month.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AH |
| Rumford CBOC |
431 Franklin St., Rumford, ME
Pick up one (1) 65 gal. bin monthly.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AJ |
| Saco CBOC |
655 Main St., Saco, ME
Pick up one (1) 65 gal. bin twice per month.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0001AK |
| Fort Kent |
3 Mountain View Drive, Fort Kent, ME
Pick up one (1) 65 gal. bin every other month.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 0002 |
| Bulk Pick-Up |
Once Per Year, bulk pick-up of 15-50 boxes from two locations.
Bldg 200 Loading dock for BSL.
Bldg 207 back door across from MB1 for BSL.
Contract Period: Base POP Begin: 02-01-2018 POP End: 01-31-2019
| 1.00 |
| jb |
| __________________ |
| __________________ |
| 1001 |
| Provide for the secure collection and onsite shredding of confidential information generated from the regular clinical, administrative and business processes of the Maine VA Healthcare system pursuant to attached Performance Work Statement |
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AA |
| VA Maine Healthcare System |
1 VA Center, Augusta, ME
Pick-up sixteen (16) 65 gal. bins weekly.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AB |
| Bangor CBOC |
35 State Hospital Drive, Bangor, ME
Pick-up two (2) 65 gal. bins every three (3) weeks.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AC |
| Calais |
50 Union St., Calais, ME
Pick-up one (1) 65 gal. bins once per month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AD |
| Caribou CBOC |
163 Van Buren Dr., Ste 6, Caribou, ME
Pick-up one (1) 65 gal. bins once per month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AE |
| Lewiston CBOC |
15 Challenger Drive, Lewiston, ME
Pick-up two (2) 65 gal. bins once per month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AF |
| Lincoln CBOC |
15 Challenger Dr., Lewiston, ME
Pick-up one (1) 65 gal. bins once per month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AG |
| Portland CBOC |
144 Fore St., Portland, ME
Pick-up one (1) 65 gal. bins twice (2) per month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AH |
| Rumford CBOC |
431 Franklin St., Rumford, ME
Pick-up one (1) 65 gal. bins once per month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AJ |
| Saco CBOC |
655 Main St., Saco, ME
Pick-up one (1) 65 gal. bins twice (2) per month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1001AK |
| Fort Kent |
3 Mountain View Drive, Fort Kent, ME
Pick-up one (1) 65 gal. bins every other month.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 1002 |
| Bulk Pick-Up |
Once Per Year, bulk pick-up of 15-50 boxes from two locations.
Bldg 200 Loading dock for BSL.
Bldg 207 back door across from MB1 for BSL.
Contract Period: Option 1 POP Begin: 02-01-2019 POP End: 01-31-2020
| 1.00 |
| jb |
| __________________ |
| __________________ |
| 2001 |
| Provide for the secure collection and onsite shredding of confidential information generated from the regular clinical, administrative and business processes of the Maine VA Healthcare system pursuant to attached Performance Work Statement |
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AA |
| VA Maine Healthcare System |
1 VA Center, Augusta, ME
Pick-up sixteen (16) 65 gal. bins weekly.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AB |
| Bangor CBOC |
35 State Hospital Drive, Bangor, ME
Pick up two (2) 65 gal. bins every three (3) weeks.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AC |
| Calais |
50 Union St., Calais, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AD |
| Caribou CBOC |
163 Van Buren Dr., Ste 6, Caribou, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AE |
| Lewiston CBOC |
15 Challenger Drive, Lewiston, ME
Pick-up two (2) 65 gal. bins once per month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AF |
| Lincoln CBOC |
15 Challenger Dr., Lewiston, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AG |
| Portland CBOC |
144 Fore St., Portland, ME
Pick-up one (1) 65 gal. bin twice (2) per month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AH |
| Rumford CBOC |
431 Franklin St., Rumford, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AJ |
| Saco CBOC |
655 Main St., Saco, ME
Pick-up one (1) 65 gal. bin twice (2) per month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2001AK |
| Fort Kent |
3 Mountain View Drive, Fort Kent, ME
Pick-up one (1) 65 gal. bin every other month.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 2002 |
| Bulk Pick-Up |
Once Per Year, bulk pick-up of 15-50 boxes from two locations.
Bldg 200 Loading dock for BSL.
Bldg 207 back door across from MB1 for BSL.
Contract Period: Option 2 POP Begin: 02-01-2020 POP End: 01-31-2021
| 1.00 |
| jb |
| __________________ |
| __________________ |
| 3001 |
| Provide for the secure collection and onsite shredding of confidential information generated from the regular clinical, administrative and business processes of the Maine VA Healthcare system pursuant to attached Performance Work Statement |
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AA |
| VA Maine Healthcare System |
1 VA Center, Augusta, ME
Weekly pick-up of sixteen (16) 65-gallon bins.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AB |
| Bangor CBOC |
35 State Hospital Drive, Bangor, ME
Pick up two (2) 65 gal. bins every three (3) weeks.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AC |
| Calais |
50 Union St., Calais, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AD |
| Caribou CBOC |
163 Van Buren Dr., Ste 6, Caribou, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AE |
| Lewiston CBOC |
15 Challenger Drive, Lewiston, ME
Pick-up two (2) 65 gal. bins once per month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AF |
| Lincoln CBOC |
15 Challenger Dr., Lewiston, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AG |
| Portland CBOC |
144 Fore St., Portland, ME
Pick-up one (1) 65 gal. bin twice (2) per month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AH |
| Rumford CBOC |
431 Franklin St., Rumford, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AJ |
| Saco CBOC |
655 Main St., Saco, ME
Pick-up one (1) 65 gal. bin twice (2) per month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3001AK |
| Fort Kent |
3 Mountain View Drive, Fort Kent, ME
Pick-up one (1) 65 gal. bin every other month.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 3002 |
| Bulk Pick-Up |
Once Per Year, bulk pick-up of 15-50 boxes from two locations.
Bldg 200 Loading dock for BSL.
Bldg 207 back door across from MB1 for BSL.
Contract Period: Option 3 POP Begin: 02-01-2021 POP End: 01-31-2022
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001 |
| Provide for the secure collection and onsite shredding of confidential information generated from the regular clinical, administrative and business processes of the Maine VA Healthcare system pursuant to attached Performance Work Statement. |
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AA |
| VA Maine Healthcare System |
1 VA Center, Augusta, ME
Weekly pick-up of sixteen (16) 65-gallon bins.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AB |
| Bangor CBOC |
35 State Hospital Drive, Bangor, ME
Pick up two (2) 65 gal. bins every three (3) weeks.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AC |
| Calais |
50 Union St., Calais, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AD |
| Caribou CBOC |
163 Van Buren Dr., Ste 6, Caribou, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AE |
| Lewiston CBOC |
15 Challenger Drive, Lewiston, ME
Pick-up two (2) 65 gal. bins once per month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AF |
| Lincoln CBOC |
15 Challenger Dr., Lewiston, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AG |
| Portland CBOC |
144 Fore St., Portland, ME
Pick-up one (1) 65 gal. bin twice (2) per month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AH |
| Rumford CBOC |
431 Franklin St., Rumford, ME
Pick-up one (1) 65 gal. bin once per month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AJ |
| Saco CBOC |
655 Main St., Saco, ME
Pick-up one (1) 65 gal. bin twice (2) per month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4001AK |
| Fort Kent |
3 Mountain View Drive, Fort Kent, ME
Pick-up one (1) 65 gal. bin every other month.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| 4002 |
| Bulk Pick-Up |
Once Per Year, bulk pick-up of 15-50 boxes from two locations.
Bldg 200 Loading dock for BSL.
Bldg 207 back door across from MB1 for BSL.
Contract Period: Option 4 POP Begin: 02-01-2022 POP End: 01-31-2023
| 1.00 |
| yr |
| __________________ |
| __________________ |
| GRAND TOTAL |
| __________________ |
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)
This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause)
C.5 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)
The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.
(End of Clause)
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.
(4) Invoice payment has the meaning given in FAR 32.001.
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)
The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Maine. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| JUL 2016 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
(End of Addendum to 52.212-4)
| FAR Number |
| Title |
| Date |
| 52.212-5 |
| CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS |
| NOV 2017 |
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
D.1 APPLICABLE WAGE DETERMINATIONS
APPLICABLE WAGE DETERMINATIONS
36C-241-18-Q-0110
| LOCATION COUNTY | WD |
| VA Maine Healthcare System Kennebec | 15-4009, Rev. 4, 8/9/17 |
1 VA Center, Augusta, ME
Bangor CBOC Penobscot 15-4001, Rev. 4, 7/25/17 35 State Hospital Drive, Bangor, ME
Calais Washington 15-4007, Rev. 3, 8/16/17 50 Union St., Calais, ME
Caribou CBOC Aroostook 15-4007, Rev.3, 8/16/17 163 Van Buren Dr., Ste 6, Caribou, ME
Lewiston CBOC Androscoggin 15-4003, Rev. 4, 8/9/17 15 Challenger Drive, Lewiston, ME
Lincoln CBOC Lincoln 15-4009, Rev. 4, 8/9/17 15 Challenger Dr., Lewiston, ME
Portland CBOC Cumberland 15-4005, Rev. 4, 7/25/17 144 Fore St., Portland, ME
Rumford CBOC Oxford 15-4009, Rev. 4, 8/9/17 431 Franklin St., Rumford, ME
Saco CBOC York 15-4005, Rev. 4, 7/25/17 655 Main St., Saco, ME
Fort Kent Aroostook 15-4007, Rev.3, 8/16/17 3 Mountain View Drive, Fort Kent, ME
D.2 IT CONTRACT SECURITY (MARCH 12, 2010)
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY
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.
1. 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 on site 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.
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.
2. SECURITY INCIDENT INVESTIGATION
l. 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.
m. 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.
n. 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.
o. 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.
3. LIQUIDATED DAMAGES FOR DATA BREACH
p. 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.
q. 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.
r. 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:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as…
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