36C24821Q0019.docx

Contract Opportunity Combined Synopsis/Solicitation Notice

PRODUCT SERVICE CODE

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CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE/TIME/ZONE

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

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AGENCY CONTACT'S EMAIL

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EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice R614 FY21: On-Site Document Shredding 33744 36C24821Q0019 10-20-2020

3:00 PM

EASTERN TIME, NEW YORK, USA

N

SDVOSBC

561990 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744 Annette Whitfield-Johnson 727-399-3333 Annette Whitfield-Johnson Annette.Whitfield@va.gov Department of Veterans Affairs Bay Pines VA Health Care System 1000 Bay Pines Blvd Bay Pines FL 33744

USA

https://www.va.gov Department of Veterans Affairs Annette.Whitfield@va.gov Annette Whitfield-Johnson FY21 On-Site Shredding Service

COMBINED SYNOPSIS/SOLICITATION 36C24821Q0019

General Information

Contracting Office Address

NCO 8

ATTN: Annette Whitfield-Johnson 10000 Bay Pines Blvd, Bldg. 2 RM 333 Bay Pines, FL 33744 Description This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2021-01, effective 10-1-2020. The associated North American Industrial Classification System (NAICS) code for this requirement is NAICS Code 561990 – Document Shredding Service with $12 Million SBA Size Standard.

This procurement is a 100% Small Disabled Veteran Own Small Business Set-aside and all eligible quoters are encouraged to submit quotes. To be eligible for award quoter must be verified in Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov) prior to the closing date and time of the RFQ and at the time of award.

This solicitation will use Comparative Evaluation. The award will be made to the offeror determined to be acceptable, price reasonable, and is determined to provide the best value to the government; all eligible offerors may submit quotes.

All offerors must be registered in System for Award Management (SAM) at https://www.sam.gov at time quotes are due to be considered for an award of a federal contract. Registration must be complete and not missing elements such as representations and certifications. To be eligible for this set-aside your company’s registration must include the appropriate NAICS code.

The government contemplates awarding a firm fixed price contract resulting from this solicitation.

The base period of performance is November 1, 2020 through October 31, 2021 with four option years.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to Annette.Whitfield@va.gov.

You are reminded that representatives from your company SHALL NOT contact any Bay Pines VA Healthcare System personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer.

Vendor Questions: Questions must be received no later than October 14, 2020 by 3:00 PM EST. No further questions will be accepted after that date and time.

Answers to Vendor Questions: Answers to vendor questions will be posted to Contact Opportunities on October 16, 2020 by 3:00 PM EST.

Quotes: Quotes are due October 20, 2020 by 3:00 PM EST. Quotes shall be submitted via email ONLY to Annette.Whitfield@va.gov. Quotes received after this date and time will be considered late in accordance with FAR Provision 52.212-1(f) and will not be evaluated unless the Contracting Officer determines the late quote will be accepted IAW 52.212-1(f)(2)(i)(A-C). Instructions are listed on pages 39-42.

Personal protective Equipment (PPE) is an administrative cost budgeted by the vendor.

Quoters shall review the Performance Work Statement (PWS) below and provide pricing using the attached Price/Cost Schedule. (Attachment A)

PERFORMANCE WORK STATEMENT

1. Purpose:

Contractor will provide all labor, personnel, equipment, supplies, secured vehicles, materials, supervision and other related services necessary to provide commercial document shredding & destruction of sensitive data for the following facilities within the Department of Veterans Affairs, Bay Pines VA Health Care System (BPVAHCS) on site at:

· C.W. Bill Young VA Medical Center, 10000 Bay Pines Blvd., Bay Pines, FL, 33744

· Bradenton CBOC, 5520 State Road 64, Suite 101, Bradenton, FL 34208

· Largo Offices located at 8550 Ulmerton Rd, Largo, FL, 33771 (Business Office &

· Lee County Healthcare Center, 2489 Diplomat Pkwy. East, Cape Coral, FL 33909

· Naples OPC, 2685 Horseshoe Dr. South, Suite 101, Naples, FL 34101

· Palm Harbor CBOC, 35209 U.S. Hwy. 19 N., Palm Harbor, FL 34684

· Port Charlotte CBOC and Annex 4161 Tamiami Trail, Unit 4, Port Charlotte, FL 33952

· Readjustment Counseling Service, 450 Carillon Parkway Suite 150, St. Petersburg, FL 33716

· St. Petersburg CBOC, 840 Dr. MLK Jr. Street N., St. Petersburg, FL 33705

· Sarasota CBOC, 5682 Bee Ridge Road, Suite 100, Sarasota, FL 34233

· Sebring CBOC & Annex., 5901 U.S. Hwy. 27 South, Sebring, FL 33870

· VISN Office located at 140 Fountain Parkway, St. Petersburg, FL, 33716 **Not included in this agreement is the VA Regional Office (Bldg. 46) and the Bay Pines Federal Credit Union on the C.W. Bill Young campus.

Materials collected for destruction shall be secured in contractor provided containers until confidential material is destroyed to a degree that definitively ensures documents are not readable or reconstructable to any degree in accordance with National Institute of Standards and Technology (NIST) 800-88, Guidelines for Media Sanitization and Standards for Security Categorization of Federal Information and Information Systems (FIPS) 199. The contractor shall protect, safeguard, control, manage and destroy VA designated confidential documents in compliance with VA Directive 6371, dated April 8, 2014 (please see attachment Appendix A for Directive 6371) and Appendix C of VA Handbook 6500.6 (provided as Appendix C within document).

All sensitive documents will be shredded by the contractor whom shall deliver industry standard Certificates of Destruction monthly for completed on-site final destruction according to NIST 800-88 and FIPS 199. ALL WORK IS TO BE PERFORMED IN THE PRESENCE OF A DESIGNATED VA EMPLOYEE.

2. Terms of Contract:

The government anticipates awarding a Firm-Fixed contract with four option years.

Base Year: November 1, 2020 through October 31, 2021 Opt. Yr. 1: November 1, 2021 through October 31, 2022 Opt. Yr. 2: November 1, 2022 through October 31, 2023 Opt. Yr. 3: November 1, 2023 through October 31, 2024 Opt. Yr. 4: November 2, 2024 through October 31, 2025

3. Infection Control:

The contractor shall provide at no additional charge any needed supplies for infection control such as masks, gloves and alcohol hand gel.

The Veterans Health Administration (VHA) Directive 1192.01 (Attachment C) has been issued to establish policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination of health care personnel (HCP). HCP include contractors who perform services at these facilities and other personnel whose duties put them in direct contact with patients outside VA medical facilities.

It is VHA policy that medical facilities will achieve a mandatory seasonal influenza vaccination program by requiring all HCP to receive annual seasonal influenza vaccination or obtain an exemption for medical or religious reasons. HCP are required to submit the Health Care Personnel Influenza Vaccination Form, VA Form 10-9050 (VHA Directive 1192.01, Appendix B) by November 30 of each year to Employee Occupational Health. Wearing a face mask as described in Appendix A of VHA Directive 1192.01 when an exemption to the influenza vaccination has been granted.

4. Secure Collection Containers:

The contractor shall provide self-closing and self-locking secure containers to collect and store materials to be shredded until such time destruction of the materials occur. The contractor shall provide containers that are adequate in size listed under “Quantities” to accommodate the need of the office or centralized location. All materials to be shredded are to be contained during transfer from government custody to destruction vehicle to prevent loss from wind or other atmospheric conditions.

5. Qualifications:

A. Contractor hereby certifies that their firm is regularly established in the business called for; they are financially responsible and have the necessary equipment and personnel to furnish the Bay Pines VA Healthcare System (BPVAHCS) with document destruction/shredding services.

B. The Contractor shall possess a license certified as a Confidential Document Destruction Company and hold certification meeting all standards as mandated through HIPAA to provide sufficient reasonable safeguards to protect VA data until final destruction has been completed.

C. The Contractor shall be National Association for Information Destruction (NAID) certified, bonded and insured (and its subcontractors or third parties) and will be required to provide training credentials and verification of membership to professional organizations such as ARMA International Equipment.

D. The successful contractor shall meet all federal, state and local codes and all requirements for the operation of services provided.

6. Deliverables:

The Contractor shall provide mobile equipment to do all on-site shredding service on a weekly basis from various locations listed below. The shredding of all documents must meet or exceed requirements set forth by National Association for Information Destruction (NAID). Final destruction of all materials shall be to a degree that definitively ensures data is not readable or reconstructable to any degree, and no larger than ¼” inches wide and ¼” inches length. Contractors can propose equipment that will crosscut the materials and provide smaller cuts. Any additional service requests shall be accomplished within one week after the Contractor is notified by the Contracting Officer (CO) or COR. A firm schedule will be worked out for all sites before activation of new contract. The types of paper with sensitive information may include office paper of any color and type, post-it notes and carbon-less form. This list is not all-inclusive and may include limited quantities of incidentals such as staples, paper clips, envelopes, file folders, newspapers, rubber bands and other types of paper. The facility where shredded documents are stored must be secured and video monitored. Facility will be inspected by BPVAHCS officials prior to award of contract. All work will be done in accordance with the requirements of this solicitation. All shredding particles removed from BPVAHCS will be disposed of as recycled material with documentation provided by the Contractor to prove this.

The contractor may be asked on an as needed basis (as a part of the contract) to dispose of DVDs, VHS tapes, micro fiche, cassette tapes, etc. These items will be destroyed on-site, and the invoice provided will notate the particular items destroyed with the individual amounts of each item. The pricing for the destruction of these items will be discussed prior to the service provided.

7. Quantities:

Estimated quantities are listed below. The BPVAHCS reserves the right to decrease or increase the quantities of each size container.

Largo Offices

Port Charlotte CBOC &Annex

Readjustment Counseling

Sebring CBOC

VISN Office

Total

8. Work Hours:

Contractor shall perform services during the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. The contractor is not required to provide the service on the following federal holidays:

9. Certificate of Destruction:

A designated VA employee will witness the final destruction of all VA data performed on-site. The Contractor will provide the designated VA employee documentation acknowledging receipt for all VA data removed and shredded. By the fifth (5) workday of each month, the contractor will provide to the COR, weight/containers removed, tickets for all paper removed and shredded for the previous month and a written certification validating the destruction. Documentation of destruction will be emailed to the BPVAHCS Attn: Environmental Protection Specialist whose name will be given once the contract has been awarded. The BPVAHCS reserves the right to randomly inspect and request samples of the completed work from the Contractor. Inspections shall be accomplished by designated BPVAHCS employees with the contractor present during the pick-up, in route to and at the destruction site.

10. Quality Assurance:

The government will periodically evaluate the contractor’s performance in accordance with the attached Quality Assurance Surveillance Plan. (Attachment B) The intent is to ensure that the contractor performs in accordance with performance metrics set forth in the contract documents and that the government receives the quality of services called for in the contract.

11. Contractor/Employee Security and Identification:

A. Contractor’s employees shall wear either name tags identifying the company and employee, or company provided uniforms containing the same information. Contract shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information from the BPVAHCS and its clinics and satellites, may be subject to fines up to $20,000.00. Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information and information systems belonging to or being used on behalf of the Department of Veterans Affairs.

B. To satisfy the requirements of the Department of Veterans Affairs a Minimum Background Investigation shall be conducted prior to performing work under this contract. The level of access and the individual’s capability to perform work under the contract will be the determining factor in deciding if a higher investigative requirement is needed. The contractor shall insure that those requirements are fully satisfied with 30 days of initiation of each investigation.

C. The investigative history of contractor personnel working under this contract must be maintained in the database of either Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the contractor use another vendor other than OPM or Defense Security Services (DSS) to conduct investigations, the investigative company must be certified by OPM/DSS to conduct contractor investigations.

D. All costs associated with obtaining clearances for contractor provided personnel will be the responsibility of the Contractor. Further, the Contractor will be responsible for the actions of those individuals they provide to perform work for the BPVAHCS under contract. In the event that damages arise from work performed by the contractor provided personnel; under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident.

E. Contractor personnel shall comply with the confidentiality in the destruction of all records. Any contractor found to be reading any of the recycled materials shall be promptly removed from the government premises. The person/s involved shall not be allowed to return.

12. Payments:

After accepted by the Government per the Certificate of Destruction document below, billing shall be submitted to the Contracting Officer based on the number of containers pulled by the contractor for shredding. All invoices shall be submitted to the Government in accordance with the Prompt Payment Act. Payment to the contractor is based on the “cost per container pulled for shredding”. A container will not be pulled if agreed upon by the Contractor personnel and the Government employee at the time of collection. Additional fees such as service charges, container rentals and replacement will be considered and will be incorporated into the price.

13. Post Award Conference/Periodic Progress Meetings:

The contractor shall agree to attend the post award conference. The Contracting Officer (CO), Contracting Officer Representative (COR) and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will describe how the government views the contractor's performance. During this time, the contractor shall relay problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

14. Documentation:

A. Certification of Destruction: A “Certificate of Destruction” shall be provided after each job at each location. A sample is provided per Attachment 1. The designated BPVAHCS employee who witnesses the destruction will provide a blank Certificate of Destruction to the Contractor. The Contractor shall complete the certificate immediately after each service is completed and return it to the designated BPVAHCS representative. The individual performing the services shall have authority to sign the Certificate of Destruction to the Contractor. The Contractor shall complete the certificate immediately after each service is completed and return it to the BPVAHCS representative. The individual performing the services shall have authority to sign the Certificate of Destruction. By the fifth (5) workday of each month, the contractor will provide to the COR, weight tickets for all medical waste removed and destroyed for the previous month along with a written certificate validating the destruction. These will be emailed to Attn: Environmental Protection Specialist who will provide a copy to the Privacy Officer (001PV).

B. Contractor shall provide the ability to track all shredded waste from identified areas at each site. Contractor is responsible for providing all documentation for waste stream analysis, proof of insurance, copies of applicable permits, licenses as required by local, state, federal and EPA guidelines for hazardous waste regulations.

15. Contingency Plan:

Contractor shall provide a detailed contingency plan to take effect during any disaster which interrupts service as outlined above.

CERTIFICATE OF DESTRUCTION

This certifies that the following material was picked up from the BPVAHCS at (facility named entered and building # if necessary):

On (Date): _________________ Number of Containers Removed & Sizes_____________________________________________________________________ Estimated Weight of Sensitive Material_______________________ Other info: __________________________ The material to be destroyed on _______________________ Equipment used to destroy documents (make/model) _____________________________ Final destination of destroyed materials_____________________________

CONTRACTOR GUARANTEES THAT DATA, MATERIAL OR PRODUCTS PROCESSED FOR DESTRUCTION WILL BE REDUCED TO PARTICLES AS SPECIFIED BY THE CONTRACT The material shall be protected from disclosure in accordance with the provision of the Privacy Act and VA Directive 6300.1, Records Management Procedures. Release of the material or its contents prior to destruction is a violation of the Privacy Act of 1974 and VA regulations, and could involve imposition of criminal penalties

(Signature) (Signature) (Print name & date) (Print name & date)

Appendix C of VA Handbook 6500.6, Contract Security

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.

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.

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.

6. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has or could have resulted in unauthorized access loss or damage to VA assets, 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, 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 involving 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.

7. 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:

(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 outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and whether credit protection services may assist affected subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

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 $______ 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.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Annette Whitfield-Johnson Department of Veterans Affairs Network Contracting Office 8 (248) Room 333, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

SECTION C - CONTRACT CLAUSES

C.1 52.212-3, Offerors Representations and Certifications – Commercial Items Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. Registration is required to be complete at time of submission of response.

C.2 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. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations…