36C25020Q0516-005.docx

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R614--Shredding Service Contract (CIN/COL/CHIL/DAY)
Solicitation number
36C25020Q0516
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This is a solicitation for shredding services at Department of Veterans Affairs facilities in Veterans Integrated Service Network 10. The solicitation requires weekly and monthly shredding of paper materials and quarterly shredding of media at VA medical centers and outpatient clinics in Chillicothe, Cincinnati, Columbus, and Dayton, Ohio. Pricing is requested for a base year plus four one-year options. The closing date for offers is April 24, 2020. The solicitation incorporates standard commercial item FAR clauses and VAAR clauses on limitations on subcontracting, electronic submission of invoices, and small business subcontracting.

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36C25020Q0516

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

36C25020Q0516 04-17-2020 Megan Wallace 513-559-3724 04-24-2020

06:00 PM EST

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati

OH

45219 X X Y 561410 $16.5 Million N/A N/A X See Delivery Schedule

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati

OH

45219

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Provide all personel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform collection, and shredding of paper materials at all Veterans Integrated Service Network (VISN) 10 facilities listed in attached Statement of Work.

See CONTINUATION Page X Megan R. Wallace Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE17
ITEM INFORMATION17
SECTION C - CONTRACT CLAUSES26
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)26
C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)32
C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS32
C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)32
C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)35
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)35
C.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)36
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)37
C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)37
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS46
SECTION E - SOLICITATION PROVISIONS47
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)47
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)51
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)52
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)53
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)53
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)54
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)55
E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)55
E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)56
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2019)56

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250

Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219

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
[X]
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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

Shredding Statement of Work for Document Destruction Services

A. DESCRIPTION OF SERVICES. For a base + 4-year period, the contractor will provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform collection, and shredding of paper materials at all Veterans Integrated Service Network (VISN)10 facilities including:

•Network Offices 11500 Northlake Dr.; Ste. 200, Cincinnati, OH 45249
•Chillicothe VA Medical Center 17273 State Route 104, Chillicothe, OH 45601
•Cincinnati VA Medical Center 3200 Vine St., Cincinnati, OH 45220
•Chalmers P. Wylie Ambulatory Care Center 420 N. James Rd., Columbus, OH 43219
•Dayton VA Medical Center 4100 West 3rd St., Dayton, OH 45428
•VAMC Outpatient Clinics and Off-Site Administrative Offices
Chillicothe:
Athens VA Clinic 88 N. Plains Rd., The Plains, OH 45780-1162

Cambridge VA Clinic 2146 Southgate Pkwy., Cambridge, OH 43725-3082 Lancaster VA Clinic 1703 N. Memorial Dr., Lancaster, OH 43130-1634 Marietta VA Clinic 27843 State Route 7, Marietta, OH 45750-9060 Portsmouth VA Clinic 4038 Rhodes Ave., New Boston, OH 45662-5527 Wilmington VA Clinic 448 W. Main St., Wilmington, OH 45177-2121 Cincinnati:

Bellevue Kentucky CBOC 103 Landmark Dr; Ste. 300 Bellevue, KY 41073-1399

Clermont Ohio CBOC 4600 Beechwood Rd, Cincinnati, OH 45244-1809

Florence Kentucky CBOC 7310 Turfway Rd, Ste. 510 Florence, KY 41042-1385

Georgetown Ohio CBOC 474 Home Street, Georgetown, KY 45121-1459

Hamilton Ohio CBOC 1750 S. Erie Hwy. Hamilton, OH 45011-4118

Dearborn Indiana CBOC 1600 Flossie Dr. Greendale, IN 47025-8424

Norwood VA Clinic 4600 Smith Rd.; Ste. A6 Norwood, OH 45212-2784

Columbus:
Grove City CBOC 5775 N. Meadows Dr.; Ste. A, Grove City, OH 43123

Marion CBOC 1203 Delaware Ave. Corporate Center # 2, Marion, OH 43302

Daniel L. Kinnard CBOC 1855 W. Main St., Newark, OH 43055
Zanesville CBOC 2800 Maple Ave. Suite A, Zanesville, OH 43701
Behavioral Health & Administrative Buildings (side-by-side)
Administrative 2780 Airport Dr. Columbus, OH 43219
Behavioral Health 2720 Airport Dr. Columbus, OH 43219

Dayton:

Lima CBOC 750 W. High St., Lima, OH 45801
Springfield CBOC 1620 N. Limestone St., Springfield, OH 45503
Richmond CBOC 1010 North J St., Richmond, IN 47374-6052
Middletown CBOC 4337 N. Union Rd., Middletown, OH 45005-5211

Per VHA Directive 6371, the Contractor does not have to be certified by the National Association for Information Destruction. The contractor will perform to the standards in the contract as well as all local, state, and federal regulations. Paper materials will be defined as any type of paper used in an office environment, such as copy paper, brochure paper, newspaper, coated stock, slick magazine-type paper, envelopes, computer paper, any type of note paper, manila folders, and hanging folders. Contractor will not require cardboard inserts (either corrugated or paperboard), staples, paper clips, binder clips, rubber bands, or plastic covers to be removed from material placed in collection units.

Shredding of non-paper media, includes CDs, VHS or cassette tapes, PIV badges, government credit cards. Non-Paper media will be picked up from not more than two areas within the medical facilities (ISSO and/or Privacy office and Radiology). Pickups will be bi-monthly at any of the sites. Currently, no detail on quantity is available and the quote to be based on a rational estimate and billed on actual weight.

B. COLLECTION SITES: Each site will appoint a Contract Officer's Representative (COR) to address local issues and communicate with the contractor as needed. The local CORs will include the Network COR in all communication between the local facility and the contractor. The Contractor will collect all materials from the Contractor supplied lock boxes (consoles) or designated Contractor secured holding area. All consoles will be emptied as scheduled regardless of the volume of paper that they hold. Locations to be collected from and bin quantities are listed in Appendix 1. List is subject to change based on revised usage or needs.

C. CONTAINERS: The Contractor will supply secure collection containers (consoles/rolling containers/Slim Jim containers) that are aesthetically pleasing and fit for use in public areas. Standard Containers will have a capacity of no more than 32 gallons. They will be lockable and tamper-resistant/evident. All containers will be numbered, and a list of the container location(s) will be provided to the COR and Contracting Office. The Contractor will supply keys for the containers to the local COR's and other staff as required and confirmed by the Contracting Officer. Note: Consoles are in the work areas; rolling containers are for areas such as scanning and release of information and Slim Jim containers are for CD disks, ID cards, VHS tapes and other plastic material intended for destruction containing PHI and PII and will be located in Records storage, Privacy and /or ISSO office and Radiology.

D. MAINTENANCE: The contractor will be responsible for the routine maintenance and repair of all contractor-owned equipment at no cost to the government.

E. PERSONNEL: All contractor staff will be uniformed as appropriate and will always display photo ID badges. Contractor staff will check in with designated Facility point of contact upon arrival at the facility.

F. COLLECTIONS: All collections and destruction will be conducted during normal business hours (M - F 0800-1630 hrs.) unless prior written approval from facility management is obtained. The contractor will service each collection point and remove all material and shred immediately upon collection in accordance with the following schedule. Any variation from this requirement must be approved in writing from Facility Management:

1. Each of the VA Medical Centers - Weekly

2. Chalmers P. Wylie Ambulatory Care Clinic - Weekly

3. Airport Offices (Columbus) and Ft Thomas Nursing Home - Weekly

4. Cincinnati Based Outpatient Clinics - Weekly

5. Community Based Outpatient Clinics and VISN Offices - Monthly

6. Off-Site Admin Offices (Network Contracting Offices) - Monthly Collection schedules at Community Based Outpatient Clinics may be altered to accommodate need. The contractor will communicate any anticipated changes to collection dates and/or times to the COR and CBOC Officer in charge at least one (1) week prior to the service date.

G. UNSCHEDULED COLLECTIONS: The contracting officer may require the contractor to make unscheduled collection, disposals, and relocation of containers for special events or other occasions. The contractor will respond within forty-eight (48) hours of the request. If additional cost will be incurred, the contractor will provide an estimate of anticipated expense prior to providing service. Additionally, the contractor will respond to requests for additional equipment, equipment moves, etc. within three business day.

H. INCLEMENT WEATHER SCHEDULE: The contractor will collect during periods of inclement weather. In cases of severe weather, the contracting officer or COR may authorize exceptions. When exceptions are granted, the contractor will make up all missed collections within twenty-four (24) hours after the severe weather has terminated, unless the contracting officer or COR authorizes additional time.

I. ROUTE PARAMETERS: The contractor will communicate with local facilities to establish routes to the facilities as well as identifying any access requirements and/or restrictions within the facilities.

J. POINTS OF COLLECTION: The contractor will position containers for customer ease in depositing materials. This may require repositioning of containers from time to time. The contractor will also position containers to minimize interference with foot traffic within areas being serviced. Containers will be placed in accordance with applicable safety and security regulations.

K. CAPACITY: Proposed capacity of containers is such to maximize the use of available space. The government reserves the right to change any collection station or change the number of collection stations if it does not impact resources needed by the Contractor to fulfill the requirement of this SOW. The contractor will comply with the request to move collection station during next collection date. If movement is required to alleviate a health or safety issue the government will move container and notify contractor of the new location. The government may also reduce the frequency of collections. Purges of large volumes of materials may be arranged as a special and additional service. Office purges or special service will be arranged through the COR.

L. GOVERNMENT-APPROVED CONTAINERS: Collection of materials in all areas will be from contractor-provided, government-approved containers. All changes to collection containers must be approved by the local facility management prior to placement.

M. MAINTAINING CONTAINERS AND COLLECTION AREA: The contractor will return the containers to their original location after servicing. The contractor will also be responsible for immediately cleaning up any debris, etc., which may occur during servicing of containers. All materials identified in para A. DESCRIPTION OF SERVICES located on the ground within ten feet of the container, whether by the contractor or placed there by facility personnel, will be picked up by the contractor during the shredding process, leaving the area intact. Any refuse (trash) remaining will be identified to the COR (or facility housekeeping staff) for removal and disposal. Collected material will always be secured and under the control of the contractor during the collection and shredding process. Contractor will collect any paper within the shred bin that missed the internal bag and place inside the shred bins as the VA employees can’t get that paper. If paper is on the floor outside of the bin, VA employees will pick up.

N. OFF-SITE DISPOSAL: The contractor will transport all material in a locked vehicle. Contractor will dispose of all shredded material at a licensed off-site disposal area selected by the contractor. Material will be destroyed with the standards set forth in VA Directive 6371 April 8, 2014 (Destruction of Temporary Paper Records). Disposal will comply with all existing local, state, and federal regulations. The contractor will be responsible for any permit or fees associated with the use of off-site disposal locations. On-Site initial shredding is required as described in VA Directive 6371 prior to transporting to an off-site disposal area.

O. REPORTS AND RECORDS: The contractor will provide a monthly report and invoice detailing total tonnage of materials shredded as well as a Certificate of Destruction to the local COR. The Certificate of Destruction will document chain of custody of all material up to the final destruction of the material. The contractor will provide personnel government approved security clearance, and or training records upon request. Weekly collection invoices for the main facility and all associated CBOCs will be delivered to the facility COR within five business days of collection.

P. QUALITY ASSURANCE: The government will periodically evaluate the contractor's performance by appointing a representative(s) to monitor performance to ensure services are received. The government representative will evaluate the contractor's performance through intermittent observation and on-site inspections of the contractor's quality control program and receipt of complaints from facility personnel. Routine shreds will be observed by a government representative at random intervals no less than once per month. The government representative will perform on-site inspections of the contractor's facility(s) no less than once annually. The government may increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. The government will also receive and investigate complaints from various customers located on the installation. The contractor will be responsible for initially validating the complaints of the customer (the VA facility COR making the complaint) by answering a contract discrepancy report, email and/or telephone call. However, the government representative will make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s). The contractor will provide the facility CORs an email address, name and telephone number of the Contractor’s point of contact for answering any Contract Discrepancy Reports, addressing any requests, concerns and/or answering any questions.

Q. SUSTAINABILITY: To meet emergency preparedness guidelines contractor will provide plan to insure 96 hours of sustainability. Sustainability is defined as the ability to provide 96 uninterrupted hours of service where in an emergency, e.g. there would likely be loss of electric, water, and/or other life sustaining utilities and during stay at home orders as the destruction of PHI is necessary to protect the Veterans and the facility.

R. GOVERNMENT REMEDIES: The contracting officer will follow FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018), for contractor's failure to perform satisfactory services or failure to correct non-conforming services.

S. INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS: The contractor, their personnel, and their subcontractors will be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

1. Contractors, contractor personnel, subcontractors, and subcontractor personnel will 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. A contractor/subcontractor will 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.

3. 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.

4. 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 will be used only for those purposes and will 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).

5. 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.

6. The contractor/subcontractor will 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.

7. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it will be enough 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.

8. 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.

9. Notwithstanding the provision above, the contractor/subcontractor will 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 will immediately refer such court orders or other requests to the VA contracting officer for response.

10. 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 will immediately notify the COR and simultaneously, the designated ISSO 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.

11. To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to VA will 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.

12. 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 (BAA).

13. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate local, city or state law enforcement entity (or entities) of jurisdiction, including the appropriate facility VA Police who will report the incident to the OIG and the Office of Security and Law Enforcement, as it dictates. The contractor, its employees, and its subcontractors and their employees will 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 will 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.

14. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information or personally identifiable 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.

15. The contractor/subcontractor will 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 will fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

(a) Nature of the event (loss, theft, unauthorized access);

(b) Description of the event, including:

(i) date of occurrence;

(ii) data elements involved, including any PII, e.g.: full name, social security number, date of birth, home address, account number, disability code;

(c) Number of individuals affected or potentially affected;

(d) Names of individuals or groups affected or potentially affected;

(e) Ease of logical data access to the lost, stolen or improperly accessed data considering the degree of protection for the data, e.g., unencrypted, plain text;

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

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

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

(i) Assessment of the potential harm to the affected individuals;

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

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

17. Based on the determinations of the independent risk analysis, the contractor will be responsible for paying to the VA liquidated damages in an amount to be commensurate with the current industry standard at the time of occurrence per affected individual to cover the cost of providing credit protection services to affected individuals based on current credit protection monitoring costs at the time of the incident consisting of the following:

(a) Notification;

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

(c) Data breach analysis;

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

(e) One year of identity theft insurance in an amount to be commensurate with the current industry standard at the time of occurrence at $0 deductible; and

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

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

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

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

(c) Successfully complete the appropriate VA Privacy Training and annually complete required Privacy Training; and

(d) 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.)

19. The contractor will provide to the contracting officer and the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required.

(a) Note – all employees who have access to VA information is required to take the training. This includes the drivers who pick up the information, the workers in the plant who sort and shred the information, etc.

20. 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.

T. DELIVERABLES: In response to this solicitation, prospective contractors must provide:

1. A detailed narrative that specifies the contractor’s approach to meeting the requirements detailed in the Statement of Work.

2. Past Performance information to include the name of at least two contracts/contract #’s/value of similar document destruction contracts performed by the contractor. Contracting Officer reserves the right to review contractor’s CPARS/PPIRS records.

3. Price on pricing schedule provided within the solicitation.

Appendix A - Shredding Bin Locations

Chillicothe VAMC

Location
Frequency of Pick Up
# of standard bins
# of half bins
# of 65 gal
# of 95 gal
# of 175 gal.

# of Slim Jim Total Bins all sizes

Main Campus
Weekly
198
15
3
3
3
3
225
Athens CBOC
Monthly
10
0
0
0
0
0
10
Cambridge CBOC
Monthly
10
0
0
0
0
0
10
Lancaster CBOC
Monthly
6
0
0
0
0
0
6
Marietta CBOC
Monthly
7
0
0
0
0
0
7
Portsmouth CBOC
Monthly
7
0
0
0
0
0
7
Wilmington CBOC
Monthly
1
0
0
0
0
0
1

Grand Total

Cincinnati Medical Center

Location
Frequency of Pick Up
# of standard bins
# of half bins
# of 65 gal
# of 95 gal
# of 175 gal.

# of Slim Jim Total Bins all sizes

Main Campus
Weekly
243 (inc. Eye Ctr.)
0
0
8
0
3
254
Bellevue CBOC
Monthly
6
0
0
0
0
0
6
Clermont CBOC
Monthly
9
0
0
0
0
0
9
Dearborn CBOC
Monthly
3
0
0
0
0
0
3
Florence CBOC
Monthly
5
0
0
0
0
0
5
Georgetown CBOC
Monthly
3
0
0
0
0
0
3
Hamilton CBOC
Monthly
8
0
0
0
0
0
8
Fort Thomas Nursing Home
Bi-Weekly
26
0
0
0
0
0
26
Cincinnati Support Off-Site Facilities
Monthly
13
0
0
0
0
0
13

Grand Total

VISN Office

Location
Frequency of Pick Up
# of standard bins
# of half bins
# of 65 gal
# of 95 gal
# of 175 gal.
# of Slim Jim
Total Bins all sizes
Suite 200
Monthly
9
0
0
0
0
0
9

Grand Total

Columbus Ambulatory Care Center

Location
Frequency of Pick Up
# of standard bins
# of half bins
# of 65 gal
# of 95 gal
# of 175 gal.
# of Slim Jim
Total Bins all sizes
Main Campus
Weekly
127
13
5
0
1
3
149
Grove City CBOC
Monthly
8
0
0
0
0
0
8
Marion CBOC
Monthly
15
0
0
0
0
0
15
Newark CBOC
Monthly
7
0
0
0
0
0
7
Zanesville CBOC
Monthly
7
0
0
0
0
0
7
Columbus Airport Offices
Bi-Weekly
15
0
0
0
0
0
15

Grand Total

Dayton Medical Center

Location
Frequency of Pick Up
# of standard bins
# of half bins
# of 65 gal
# of 95 gal
# of 175 gal.
# of Slim Jim
Total Bins all sizes
Main Campus
Weekly
228
0
1
3
1
3
236
Lima CBOC
Monthly
6
0
0
0
0
0
6
Middletown CBOC
Monthly
6
0
0
0
0
0
6
Richmond CBOC
Monthly
4
0
0
0
0
0
4
Springfield CBOC
Monthly
5
0
0
0
0
0
5
Dayton Supported Off-Site Facilities
Monthly
4
0
0
0
0
0
4

Grand Total

Slim Jim console

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12.00
MO
__________________
__________________

Shredding service for VAMC Chillicothe and CBOCs; Athens, Cambridge, Lancaster, Marietta, Portsmouth, Wilmington Outreach Clinic Contract Period: Base POP Begin: 05-04-2020 POP End: 05-03-2021

12.00
MO
__________________
__________________

Chillicothe Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Cincinnati and VISN 10 Network office. To include CBOCs; Bellvue, Clermont, Dearborn, Florence, Georgetown, Hamilton, and Cincinnati offsite support facilities monthly service plus Ft. Thomas Nursing home bi-weekly service.

12.00
MO
__________________
__________________

Cincinnati Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Dayton and CBOCs; Lima, Middletown, Richmond, Springfield, and Dayton Offsite Facilities monthly service.

12.00
MO
__________________
__________________

Dayton Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAACC Columbus Main Campus and CBOCs; Grove City, Marion, Newark and Zanesville Monthly service plus Airport offices bi-weekly.

12.00
MO
__________________
__________________

Columbus Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Chillicothe and CBOCs; Athens, Cambridge, Lancaster, Marietta, Portsmouth, Wilmington Outreach Clinic Contract Period: Option 1 POP Begin: 05-04-2021 POP End: 05-03-2022

12.00
MO
__________________
__________________

Chillicothe Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Cincinnati and VISN 10 Network office. To include CBOCs; Bellvue, Clermont, Dearborn, Florence, Georgetown, Hamilton, and Cincinnati offsite support facilities monthly service plus Ft. Thomas Nursing home bi-weekly service.

12.00
MO
__________________
__________________

Cincinnati Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Dayton and CBOCs; Lima, Middletown, Richmond, Springfield, and Dayton Offsite Facilities monthly service.

12.00
MO
__________________
__________________

Dayton Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAACC Columbus Main Campus and CBOCs; Grove City, Marion, Newark and Zanesville Monthly service plus Airport offices bi-weekly.

12.00
MO
__________________
__________________

Columbus Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Chillicothe and CBOCs; Athens, Cambridge, Lancaster, Marietta, Portsmouth, Wilmington Outreach Clinic Contract Period: Option 2 POP Begin: 05-04-2022 POP End: 05-03-2023

12.00
MO
__________________
__________________

Chillicothe Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Cincinnati and VISN 10 Network office. To include CBOCs; Bellvue, Clermont, Dearborn, Florence, Georgetown, Hamilton, and Cincinnati offsite support facilities monthly service plus Ft. Thomas Nursing home bi-weekly service.

12.00
MO
__________________
__________________

Cincinnati Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Dayton and CBOCs; Lima, Middletown, Richmond, Springfield, and Dayton Offsite Facilities monthly service.

12.00
MO
__________________
__________________

Dayton Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Dayton and CBOCs; Lima, Middletown, Richmond, Springfield, and Dayton Offsite Facilities monthly service.

12.00
MO
__________________
__________________

Columbus Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Chillicothe and CBOCs; Athens, Cambridge, Lancaster, Marietta, Portsmouth, Wilmington Outreach Clinic Contract Period: Option 3 POP Begin: 05-04-2023 POP End: 05-03-2024

12.00
MO
__________________
__________________

Chillicothe Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Cincinnati and VISN 10 Network office. To include CBOCs; Bellvue, Clermont, Dearborn, Florence, Georgetown, Hamilton, and Cincinnati offsite support facilities monthly service plus Ft. Thomas Nursing home bi-weekly service.

12.00
MO
__________________
__________________

Cincinnati Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Dayton and CBOCs; Lima, Middletown, Richmond, Springfield, and Dayton Offsite Facilities monthly service.

12.00
MO
__________________
__________________

Dayton Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAACC Columbus Main Campus and CBOCs; Grove City, Marion, Newark and Zanesville Monthly service plus Airport offices bi-weekly.

12.00
MO
__________________
__________________

Columbus Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Chillicothe and CBOCs; Athens, Cambridge, Lancaster, Marietta, Portsmouth, Wilmington Outreach Clinic Contract Period: Option 4 POP Begin: 05-04-2024 POP End: 05-03-2025

12.00
MO
__________________
__________________

Chillicothe Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Cincinnati and VISN 10 Network office. To include CBOCs; Bellvue, Clermont, Dearborn, Florence, Georgetown, Hamilton, and Cincinnati offsite support facilities monthly service plus Ft. Thomas Nursing home bi-weekly service.

12.00
MO
__________________
__________________

Cincinnati Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAMC Dayton and CBOCs; Lima, Middletown, Richmond, Springfield, and Dayton Offsite Facilities monthly service.

12.00
MO
__________________
__________________

Dayton Quarterly Media Shredding Service

12.00
MO
__________________
__________________

Shredding service for VAACC Columbus Main Campus and CBOCs; Grove City, Marion, Newark and Zanesville Monthly service plus Airport offices bi-weekly.

12.00
MO
__________________
__________________

Columbus Quarterly Media Shredding Service

GRAND TOTAL
__________________

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

(2) Delivery…

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