36C25219Q0988-001.docx

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 SI

GN 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. SIGN

ATURE 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

36C25219Q0988 09-23-2019 Erika Cannaday 414-844-4800 x43253 09-26-2019 10:00 a.m.

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 561990 $11 Million N/A X 36C252 Captain James A Lovell Federal Health Care Center 3001 Green Bay Road North Chicago IL 60064 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 Contractor to provide onsite document destruction services at Captain James A Lovell Federal Health Care Center and associated facilities, in accordance with the Statement of Work. See Continuation Page.

The latest DOL Wage determination (#15-4935, revision 11, dated 7/16/2019) shall apply to any award made from this Solicitation.

X X Ashley Johnson Contracting Officer

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: (Contractor’s Name)

(Address)

(City, State Zip)

(Point of Contact)

DUNS NUMBER NO. ______________________________________

b. GOVERNMENT: ERIKA A CANNADAY, CONTRACT SPECIALIST

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR AWARD

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

f. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

OFFER REQUIREMENTS & INSTRUCTIONS:

See Section E.1. 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) and Section E.2. General Instructions to Offerors.

EVALUATION/BASIS OF AWARD:

This is a commercial item acquisition that will be conducted under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. See 52.212-2 Evaluation – Commercial Items for a description of the factors that the Government will use to evaluate offers. Prospective contractors must furnish the information listed herein with their proposals to ensure they receive full consideration.

CONTRACT ADMINISTRATION:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

MINIMUM GUARANTEE AND CEILING:

The minimum guarantee for this IDIQ is $25,000.00 and the ceiling is $1,500,000.00.

SPECIAL NOTES:

In order to maintain integrity of this solicitation and subsequent award, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contract Specialist erika.cannaday@va.gov no later than TUESDAY, SEPTEMBER 24th AT 10:00 AM LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to www.fbo.gov to all parties.

BACKGROUND INVESTIGATIONS:

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access to perform the performance work statement is: Access National Agency Check with Written Inquiries and Credit Checks (ANACI). This requirement is applicable to all subcontractor personnel requiring the same access. Annually thereafter, the contractor shall provide background check information for all personnel performing service under this contract.

Contractors are responsible for the cost associated with obtaining ANACI background investigations. For Fiscal Year 2019, the cost is $682.00 per individual.

B.2 STATEMENT OF WORK

GENERAL

Furnish all labor, supervision, apparatus, materials equipment and supplies necessary or incidental to provide document collection of PII/PHI documents for on-site destruction for the Federal Health Care Center, North Chicago and its associated Community Based Outpatient Clinics, and Naval Station Branch Clinics and Warehouse 81- H, Great Lakes, IL. And Burkey Mall Pharmacy. This service shall require the Contractor to furnish locked containers for collection of PII/PHI documents for destruction. Full containers will be collected by the Contractor. Contractor will destroy documents on-site and provide an electronic certificate of destruction. Pick-ups will be scheduled by the COR. The Contractor will provide a specified weekly service schedule to the COR for approval.

SCOPE OF WORK:

The Contractor shall provide and maintain Contractor Owned/Contractor Operated (COCO) equipment to accomplish on-site collection of sensitive documents, CDs, typewriter ribbon cartridges, metal dog tags and plastic medication containers for the Federal Health Care Center, North Chicago and its associated clinics, and Naval Station Branch Clinics and Warehouse 81- H, Great Lakes, IL., and Burkey Mall Pharmacy in accordance with the described specifications.

PLACES OF PERFORMANCE:

Captain James A Lovell Federal Health Care Center 3001 Green Bay Road North Chicago, IL 60064

1.1 STAFFING REQUIREMENTS:

The Contractor must provide a minimum of two (2) trained, paid and approved professionals to perform service calls at the FHCC North Chicago, its CBOCs and Naval Station clinics at Naval Station, Great Lakes, IL. Training and approval of Contractor members shall be as required by the FHCC and all other applicable standards for document destruction of sensitive documents, in a hospital setting. The Contractor must maintain appropriate documentation, both paper and electronic invoicing, listing amounts picked-up from our sites; e.g. logs, duty rosters, sign in sheets, to demonstrate that the minimum staffing requirement is being met and must make sure that documentation is available for review upon request by the Contracting Officer (CO) or Contracting Officer’s Representative (COR). Driver/Operators shall be licensed to drive motorized shredding vehicles/equipment devices. All vehicles must meet the requirements for entry onto the Naval Station prior to the start date of the Contract Notwithstanding, it shall be the responsibility of the Contractor to ensure that the minimum requirements of all applicable standards are met. Staff assigned by the Contractor will be cleared for work performance after appropriate background investigations, with fingerprints, all of which will be paid for by the Contractor. It is the Contractor’s responsibility to obtain Contractor PIV badges and vehicle entry permission, and to keep them current Contractor must have staff cleared for entry onto the Military Facility and obtain appropriate identification cards for their employees as soon as possible after award. While background investigations are pending, a staff person will accompany contractors onsite while services are performed to allow for continuity of necessary services.

1.2 CONTRACTOR RESPONSIBILITY

a. The purpose of this statement of work is to clarify the expectations of the FHCC, relative to Contractor responsibilities, in accordance with the established standards and protocol for the FHCC, North Chicago, Illinois facility for the handling of sensitive documents containers in accordance with Health Information Portability and Accountability Act (HIPAA) requirements, as well as other applicable standards and regulations.

b. The Contractor must follow all applicable laws regarding the shredding of sensitive documents and meet all standards as mandated through HIPAA in the handling, transportation, storage, and destruction of sensitive documents.

c. The Contractor is also expected to comply with all pertinent Federal law and statutes governing Labor and contacting with the VA and Department of Defense.

2.1 PERIOD OF PERFORMANCE

3.1 SCOPE OF WORK

a. The Contractor shall provide all labor, personnel, equipment, supplies, vehicles, materials, supervision and other related services necessary to perform on-site document destruction/shredding for the FHCC, North Chicago 3001 Green Bay Road, North Chicago, Illinois 60064 and its associated Naval Station clinics, CBOCs and Burkey Mall Pharmacy.

The Contractor will be responsible for pick up, transportation, storage, management, and destruction of all sensitive documents for the facility, placed under his/her control during the course of this Contract. This service will be limited to the sensitive items produced by and scheduled for pick-up at the FHCC, North Chicago and its associated clinics and CBOCs.

b. The scope of this service will cover all work necessary to successfully manage and destroy sensitive documents and items in accordance with the HIPAA requirements. COR and Contractor will work together to determine appropriate locations for PII bins. Materials collected for destruction and disposal will be secured until the sensitive material is rendered unrecognizable. The Contractor will work closely with the Medical Center personnel responsible for monitoring document destruction, such as the facility’s Records Officer, Contracting Officer’s Representative and/or Contracting Officer.

c. Monthly billing statements at the agreed upon rate (See Pricing Schedule) will be submitted to the FHCC, North Chicago, billing system that quantify the location, date, time, and number of consoles, of sensitive documents picked up, and the tasks and their associated documents picked up.

3.2 SCOPE OF WORK

a. General Procedure – The Contractor shall provide all labor, personnel, equipment, supplies, secured vehicles, materials supervision and other related services necessary to provide Commercial Document Destruction Services for FHCC, North Chicago, 3001 Green Bay Rd, North Chicago Illinois 60064. Collection service for Naval Station shall be provided during the regular business hours 8:00AM – 4:30PM Central Time, Monday through Friday, excluding holidays. The Naval Station clinics—Bldgs. 1007, 1017, 237, 81-H, 150 will be collected 8:00AM – 4:30pm. Bldg. 1523 Clinic will be collected between 6:00AM to Noon, Monday through Friday The facility’s associated CBOCs and Burkey Mall Pharmacy material will be collected between 8:00AM and 3:00PM.

b. The Contractor shall furnish all locked security waste containers/bins required pursuant to the Cost/Price Schedule. Bins may be between 48 to 96-gallon wheeled containers. Eight such containers shall be for empty plastic medication containers, CDs, military metal dog tags, and carbon typewriter ribbon cartridges. Locked storage bins shall be furnished at the commencement of the contract at no expense to the Government. Additional bins shall be provided, without additional cost, as requested by the COR.

c. Scheduled dates for collection shall be coordinated with the COR, requiring COR pre- approval of the Contractor’s performance schedule. The Contractor shall pick up security waste containers at the scheduled dates and locations, as specified by the agreed upon/approved staging areas for collection.

3.3 SHREDDING SPECIFICATIONS

a. The Contractor shall provide document destruction services for Government provided documents, containing potentially classified, sensitive confidential and medical records. The documents (film and paper data) shall be destroyed in such a manner, both size and cut, that information is totally unrecoverable.

The documents (film and paper data) shall be destroyed in such a manner, both size and cut, that information is totally unrecoverable and precludes recognition or reconstruction. Shreds no greater than five (5) square millimeters are recommended.

b. An electronic “Certificate of Destruction” of documents shredded shall be furnished and the monthly invoice will serve as this document.

3.4 SECURITY WASTE COLLECTION CONTAINERS

a. The Contractor shall provide two sets of keys for each container. One set of keys shall remain in the possession of the Contractor or his employees at all times, while at the Government site, keys will be kept in a locked safe or other secure device. The second set of keys shall be provided to the COR. The Contractor is responsible for maintaining all containers in clean and odor-free safe condition.

3.5 SECURITY WASTE PICK-UP SCHEDULES

The pick-up and delivery times, dates, and locations may be changed as required by the Government, though weekly/biweekly intervals shall remain the same. The COR will coordinate any changes made to the schedule. A written, revised pick up schedule will be exchanged each time a change is made.

3.6 CERTIFICATION OF DESTRUCTION

a. The electronic monthly invoice will serve as this document and a statement to that effect will appear on each invoice. The Contractor shall maintain proper records concerning each Certificate of Destruction issued. The Certificate of Destruction shall as a minimum contain the following;

· Pick-up/delivery location

· Pick-up/delivery Date

· Amount of shredded waste (#of containers picked up)

· Destruction Certification Document number

· Destruction Certification Date

· Weight of container

· Any other information as provided by the Records Officer at the time of award of this Contract.

3.7 ACTIVITY LOGS/REPORTS

The Contractor shall maintain an activity log of shredding services accomplished at the FHCC, North Chicago, Illinois and associated pick-up sites. The FHCC shall be responsible for management, oversight, security, and control of all classified, sensitive, confidential and documents containing medical reports stored in the locked containers until accessed by the Contractor per the Business Agreement.

3.8 CONTRACTOR PERSONNEL

The Contractor shall provide qualified employees. The Contractor shall be required to comply with all security requirements of the FHCC, North Chicago, Illinois. The Contractor shall be responsible for coordinating services with the COR, and providing all information required of him for performance of work. All security requirements must be met, and Contractor’s employees must be cleared prior to the Contractor performing work under the Contract. Employees that cannot meet the security requirements and background requirements will not be allowed to perform work under this Contract. Contractor is required to cover the cost of background investigations to clear their staff to perform work under this Contract. The minimum amount of staff, as stated earlier, will be cleared prior to the start of the Contract. Contractor will not be allowed to begin collection until the appropriate number of staff are cleared for entry onto the Naval Station. Evidence of clearance onto Naval Station will be presentation of PIV card to the COR.

3.9 CONTRACTOR VEHICLES

a. All Contractor vehicles utilized in this Contract shall be insured (up to the minimum coverage required by the respective State) and maintain current state vehicle registration.

All Contractor employees, vehicle operators shall possess a valid State Driver License and have a clean driving record. The Contractor or his/her employees, while performing under this contract shall use no personal vehicles. Only vehicles possessing a Naval Station Military Sticker will be allowed aboard Naval Station. Contractor must designate a minimum of two vehicles to be presented for inspection and “sticker” issue. Only those vehicles will be allowed entry onto the Naval Station. In the event of vehicle break-down, the second vehicle will be used. Vehicle break-down will not be a reason for not fulfilling pick-up requirements of this Contract. Drivers arriving with the incorrectly cleared vehicles who are denied access to Naval Station is not a reason for not fulfilling pick-up requirements. Authorized vehicles arriving with staff not issued a PIV card will not be a reason for not fulfilling pick-up requirements of this Contract.

3.10 QUALITY CONTROL

The Contractor shall develop and maintain a quality program to ensure that document destruction services are being performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. At a minimum, the Contractor shall develop quality control procedures addressing the areas where the acceptable quality levels were not met.

3.11 QUALITY ASSURANCE

a. FHCC, North Chicago COR may inspect each task as completed or increase the number of quality control inspections, if deemed appropriate, due to repeated failures discovered during quality control inspections. Likewise, the Government may decrease the number of quality control inspections if performance dictates. FHCC, North Chicago COR will also receive and investigate all complaints from various customers located at the facility.

b. Included in the quality assurance program, the Contractor shall provide a contingency plan in the event of Contractor equipment failure. Contingency plans must include provisions that allow for the witnessing of alternate shredding procedures by a North Chicago FHCC employee and Contractor must provide an electronic “Certificate of Destruction.” Alternate provisions must be approved by the FHCC Information Systems Security Officer PRIOR TO service being provided in an alternative manner.

3.12 INSURANCE REQUIREMENTS

a. The Contractor is required to provide copies of proof of Worker’s Compensation that complies with Federal and State Worker’s Compensation and Occupational disease statutes and provide proof of General Liability Insurance. This is in accordance with FAR Subpart 28.307-2, Liability:

b. Workers’ Compensation and employer’s liability: Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so comingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

c. General Liability

· The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

· Property damage liability insurance shall be required only in special circumstances as determined by the agency.

3.13 BADGES AND PARKING

a. All Contractor personnel are required to wear Vendor ID Badges noting Contractor Name and Personal Name, as well as government issued ID’s. It is the government PIV/ID that will give Contractor’s staff access to the Naval Station.

b. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from the COR. The FHCC will not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstance.

3.14 TRAINING

The Contractor shall demonstrate the implementation of a comprehensive on-going training program for personnel and shall insure that all personnel meet the industry standards and requirements for the positions they hold.

3.15 HEALTH CARE COMPLIANCE

The Contractor agrees to comply with all aspects of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191)(HIPAA) codified as 45 CFR parts 160, 162 and 164. The Contractor also agrees to comply with all aspects of the Privacy Act, 5 USC 552a, implemented by 38 CFR 1.575-1.584. The Contractor must maintain record to document successful completion of all required training and must make records available for review upon request by the CO or COR during the Contract period.

3.16 PHYSICAL SECURITY OF RECORDS

To ensure the physical security of sensitive documents the Contractor will be required to sign a Business Agreement which states that once Contractor personnel touch the document bins for collection and destruction, the documents become their responsibility.

4.1 DEFINITIONS/ACRONYMS

VAPD – Veterans Affairs Police Department: Main contact for all responses at the VA and COR on the project.

CO – Contracting Officer: The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

COR – Contracting Officer’s Representative: Any person or persons designated by the Contracting Officer to act for the CO within the limits of the delegated authority.

FHCC – Captain James A. Lovell Federal Health Care Center, North Chicago

CDR – Contract Discrepancy Report: A report prepared and issued by the COTR through the CO when the Contractor has caused damage or loss of Government property and/or when performance is determined unsatisfactory.

Contractor: The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The Contractor will be responsible for ensuring that his subcontractors comply with the provisions of this contract.

Offeror: Contractor

4.2 REPORTING REQUIREMENTS/SUPERVISON

a. The Contractor shall not be required to contact the Records Coordinator upon arrival and departure from the facility. Pick-ups from the storage sites on the FHCC grounds can be made at any time of day or night Times for the Naval Station pick-ups are stated earlier in this Statement of Work. Times will be coordinated with the COR and keys to the FHCC storage pick-up rooms will be provided to the Contractor.

b. The Contractor shall provide competent supervision at all times. The Contractor shall designate, as indicated below, a Contract Manager who shall be responsible for the overall management and coordination of the Contractor’s work force and shall act as the central point of contact with the Government. Primary and secondary phone numbers for business and after-hours will be provided to the COR upon award of this Contract. E-mail to the Contractor’s business office, as well as points of contact for routine and accounting inquiries shall be provided to the COR.

c. Contractor and his/her employees shall become acquainted with and obey all Government regulations as posted and as requested by the CO/COR when on FHCC and Naval Station property

4.3 CONFORMANCE STANDARDS

Services shall be performed in accordance with all city, State, local, federal, municipal, JCAHO, OSHA, Navy and VA standards. Copies of applicable Navy and VA standards are available upon request from the COR. It shall be the responsibility of the Contractor to adhere to all applicable standards throughout the duration of the Contract. The Contractor shall maintain on file at his own expense the current and latest edition of each applicable publication.

4.4 GENERAL

a. All Contractor employees shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place to an outer garment. Additionally, the government issued ID card must be displayed.

b. The Contractor shall develop a phase-in plan, which will cover the period of time between contract award and contract start date. Training and orientation plans of contract employees to the various aspects of providing on- site shredding is due within ten (10) calendar days of award.

4.5 QUALITY CONTROL/QUALITY ASSURANCE

The Contractor shall establish a complete quality control program to ensure that all requirements are provided for, as specified in all sections of this Contract. One copy of the Contractors Basic Quality Control Program shall be provided to the Contracting Officer upon request. The Contractors Basic Quality Control Program and Quality Control Plan will include, but not be limited to, the following:

a. A statement describing how the Contractor will meet the basic requirements of this Contract. (i.e. staffing levels, time to respond to an incident, equipment requirements, etc.)

b. A method for identifying deficiencies in the quality of services performed before the performance becomes unacceptable.

c. A method of recording or logging the daily activities of the Contractor, which would demonstrate the Contractor’s ability to maintain the minimum requirements of this Contract.

The Government will monitor the Contractor’s performance under this Contract using the quality assurance procedures. A record of all QA inspections conducted by the Government will be provided to the Contractor during the term of this Contract.

4.6 DAMAGE AND EQUIPMENT LOSS

4.6.1 All tasks accomplished by Contractor personnel will be performed to minimize damage or disfigurement of Government-owned furnishings, fixtures, equipment, and architectural or building structures. The Contractor shall be responsible for all damages to real and/or personal property, or injuries to persons that occur as a result of his/her negligence.

4.6.2 When the Contractor has caused damage or loss of Government equipment and/or when performance is determined unsatisfactory, the COR will prepare and issue a Contract Discrepancy Report (CDR) through the CO. The Government retains all rights under this Contract.

4.7 PAYMENT

Electronic invoices will be paid in arrears on a monthly basis. Electronic invoices must include, at a minimum, the following information: Contract number, Purchase order Number, Items covered and covered period of service and a statement that “this invoice serves as the Document of Destruction.” Only one original invoice will be required for each request for payment through the appropriate invoice system.

4.8 CONDITION OF FACILITIES

The Contractor accepts responsibility for the facility in “as is” condition. Failure to inspect the facilities prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

4.9 PRE-WORK ORIENTATION

4.9.1 Contractor will attend a pre-work orientation meeting prior to the commencement of work on site. The FHCC will schedule this meeting and it will include discussion of the following topics:

a. Fire and Safety

b. Infection Control

c. Disaster procedures

d. Other

4.9.2 The Contractor will be responsible to ensure that Contractor employees coming to the work site will receive the information required above.

4.9.3 The Contractor will be responsible to ensure that Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

5.0 CONFIDENTIALITY OF PATIENT RECORDS

5.0.1 The Contractor, as an FHCC provider, will assist in the provision of health care to patients seeking such care from or through the FHCC. As such, the Contractor is considered as being part of the Department Health Care Activity. The Contractor is considered to be an FHCC provider for purposes of the Privacy Act, title 5 U.SC. 552a. For the purpose of FHCC records access, and patient confidentiality. Contractor is considered to be an FHCC Contractor for the following provisions: Title 38 U.S.C. 5701, 5705,7362. Therefore, the Contractor may have access, as would other appropriate components of FHCC, to patient medical records, including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the Contractor is restricted from making disclosures of FHCC records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from FHCC has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as FHCC.

5.0.2 The records referred to above shall be and remain the property of FHCC and shall not be removed or transferred from FHCC except in accordance with U.S.C. 551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimant’s records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5701 (Confidentiality of Medical Quality Assurance Records), 38 U.S.C. 7332 (Confidentiality of certain medical records) and Federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to FHCC’s records, at FHCC’s place of business on request during normal business hours, to inspect and review and make copies of such records.

5.0.3 The FHCC Records Officer authorizes the Contractor to destroy certain Federal records which he/she is authorized to do so in accordance with VA Directive 6300. A Records Coordinator may be established as the designated agent of the Records Officer.

6.0 SECURITY INCIDENT INVESTIGATION INVOLVING FHCC

A. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA and/or DOD assets (herein referred to as FHCC), or sensitive information, or an action that breaches FHCC security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the FHCC Information Security & Assurance Department (ISD) and designated 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 and FHCC shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the FHCC 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 and FHCC Protective Services Department. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA, FHCC and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA and FHCC in any civil litigation to recover FHCC 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.

7.0 PRIVACY AND SECURITY TRAINING for FHCC CONTRACTORS

Due to the increased emphasis on privacy, cybersecurity and information security, the following special contract requirements are established and hereby made part of the contract entered into with the Department of Veterans Affairs for the CAPT James A Lovell Federal Health Care Center (FHCC).

1. Privacy Training: Contractor and their sub-contractors assigned work under the task order are required to receive annual training on patient privacy as established by HIPAA statues. Training must meet VA, DOD and the Department of Health and Human Services Standards for Privacy of Individually-identifiable health information. Contractor shall provide documented proof to the FHCC upon request that all employees assigned work and/or having access to Protected Health Information have received annual training. Information on fulfilling the training requirement as stated in this paragraph can be found at https://www.tms.va.gov/plateau/user/SelfRegistrationUserSelection.do.

2. Rules of Behavior for Automated Information Systems: Contractor personnel having access to FHCC Information Systems are required to read and sign a Rules of Behavior statement, which outline rules of behavior related to FHCC Automated Information Systems. The COR will provide the Rules of Behavior to the Contractor for the respective facility.

3. FHCC Information Security Awareness Training: Each contractor assigned work under the task order is required to receive and document completion of FHCC training on Information Security. Contractor shall provide documented proof to the COR prior to access being granted, and yearly after that, for all contractor employees servicing a FHCC contract.

4. FHCC Cybersecurity Awareness Training: Each contractor assigned work under the task order is required to receive and document completion of FHCC Cyber Awareness Challenge 2019 training course. The current training version of this training can be found at https://public.cyber.mil/training/cyber-awareness-challenge-2019/ Contractor shall provide documented proof to the assigned COR prior to access being granted and yearly after that, for all contractor employees servicing a FHCC contract.

As FHCC routinely reviews and updates policies and procedures covering contractor computer access, security requirements may change during the term of this contact and new policies and procedures may be implemented unilaterally during the term of this contract.

8.0 FHCC - LIQUIDATED DAMAGES FOR DATA BREACH

A. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive and/or personal information. If so, the contractor is liable to the FHCC 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 the FHCC of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, the FHCC must secure from a non-Department entity or the FHCC 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 FHCC 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

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

D. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the FHCC liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

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

(3) Data breach analysis;

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

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

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

9.0 FHCC CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

All contractor employees who require access to the Department of Veterans Affairs' OR Department of Defense computer systems at FHCC or have access to FHCC sensitive information shall be the subject of a background investigation. The FHCC obtains the Background Investigation through the Electronic Questionnaires for Investigations Process (e-QIP). Upon receiving a request for the investigation from the Contracting Officer, the contractor’s employee will be initiated into e-QIP for the Background Investigation followed by an e-mail with instructions to log into e-QIP. A contractor’s employee shall not commence working at the FHCC under contract until the Contracting Officer receives notification from the VA Office of Security and Law Enforcement that the contract employee’s application was received complete. A favorable adjudication from the FHCC Office of Security and Law Enforcement must be received in order for a contractor employee to continue contract performance. This requirement is applicable to all subcontractor personnel.

1. Position Sensitivity - The position sensitivity has been designated as Low Risk. The positions under this contract are designated as Non-Critical Sensitive (NCS).

2. Background Investigation - The level of background investigation commensurate with the required level of access at FHCC is Access National Agency Check with Written Inquiries (ANACI), currently referred to as a T3 by OPM).

3. Contractor Responsibilities

a. The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse the FHCC within 30 days. If timely payment is not made within 30 days from date of bill for collection, then the FHCC shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

b. It is imperative for the contractor to provide, at the request of the FHCC, a listing of contractor personnel performing services under the contract in order for the background investigation process to commence. This list will include name (first, middle, last) social security number; date of birth; city, state, and country of birth.

c. The contractor or their employees shall submit a complete background investigation packet through the Electronic Questionnaires for Investigations Process (e-QIP). Additional guidance and information will be provided through e-mail from the VA Office of Security and Law Enforcement.

The following required forms must be submitted through the e-QIP system to the FHCC Office of Security and Law Enforcement before contract performance begins:

(i) e-QIP Signature Pages (two) (print, sign and submit)

(ii) Optional Form 306, Declaration for Federal Employment

(iii) Electronic Fingerprint Form (FD 258) or electronic fingerprints Fingerprinting is required with the background investigation. Fingerprinting can be done at the local FHCC Facility. The Electronic Fingerprint Verification Form must be submitted with the above required forms.

d. The Contractor shall inform the contract employee that when filling out the application, that there should be no gaps in employment history. Any gaps in employment history may result in OPM rejecting the documentation for investigation and delay contract performance.

e. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the FHCC, submit another employee for consideration.

f. The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A Cage Code number must be provided to the VA Office of Security and Law Enforcement, which will verify the information.

g. All contractor employees and subcontractors are required to complete FHCC-specific training annually to continue access to FHCC computers.

h. The contractor will notify the COTR immediately when their employee(s) no longer require access to FHCC computer systems.

4. Government Responsibilities

a. The contracting officer will request the contractor employee’s background investigation by the Office of Security and Law Enforcement.

b. The Office of Security and Law Enforcement will notify the contractor with instructions for the contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations.

c. The FHCC will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the FHCC. The contractor will reimburse the FHCC within 30 days. If timely payment is not made within 30 days from date of bill for collection, then the FHCC shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.

B.3 COST/PRICE SCHEDULE

Year One: 10/1/2019 – 9/30/2020

QTY

(30 bins, shredded weekly)

(2 bins, shredded biweekly)

(20 bins, shredded biweekly)

(1 bins, shredded biweekly)

(20 bins, shredded biweekly)

(15 bins, shredded biweekly)

(10 bins, shredded biweekly)

(10 bins, shredded biweekly)

(10 bins, shredded biweekly)

(10 bins, shredded biweekly)

(1 bin, shredded biweekly)

All quantities provided herein are estimates.

Year One Est.Total:

Year Two: 10/1/2020 – 9/30/2021