About this file

This solicitation is for document destruction services at the Oscar G. Johnson VA Medical Center and eight associated community-based outpatient clinics in Iron Mountain, Michigan. Services include weekly shredding of six 95-gallon bins at the medical center and monthly shredding of one bin each at the outpatient clinics. The base period of performance is September 30, 2023 through September 29, 2024 with four one-year options to extend. The solicitation specifies service requirements, equipment needs, security protocols, reporting obligations, and pricing terms for the base year and option periods. The Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 12 is the contracting agency. Responses are due by September 15, 2023.

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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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

See Block 31C 36C25223Q0948 09-07-2023

Sands,Scott 414-844-4800 43284 09-15-2023

15:00 CDT

36C252 Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

X 100

X

561990

$16.5 Million

N/A

X

36C585

Department of Veterans Affairs Oscar G Johnson VAMC 325 East H Street

Iron Mountain MI 49801-4760

36C252

Department of Veterans Affairs

GLAC-MILWAUKEE (69D)

Great Lakes Acquisition Center - HC 115 South 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

See CONTINUATION Page

Document destruction for Oscar G Johnson VAMC located in Iron Mountain, MI and 8 surrounding CBOCs: Hancock CBOC, Ironwood CBOC, Marquette CBOC, Menominee CBOC, Rhinelander CBOC, Sault Ste. Marie CBOC, Gladstone CBOC, and Manistique CBOC.

The Purchas Order shall be for a base plus four (4) one-year options. Base year shall have a period of performance of 09/30/2023-09/29/2024.

See Section D for Wage Determinations.

See Section D for BAA.

See Continuation Page.

See CONTINUATION Page

X X

X One

Scott Sands Contracting Officer

36C25223Q0948

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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

QUOTERS 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:

AMENDMENT NO DATE

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

a. CONTRACTOR:

CONTRACTOR NAME: ______________________________________

ADDRESS: ______________________________________

CITY-STATE-ZIP: ______________________________________

POINT OF CONTACT/TITLE: ______________________________________

PHONE NUMBER: ______________________________________

FAX NUMBER: ______________________________________

E-MAIL ADDRESS: ______________________________________

SAM UEI NO: ______________________________________

CAGE CODE: ______________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: ______________________________________

EMAIL ADDRESS:_ ______________________________________

b. GOVERNMENT: Scott Sands, Contracting Officer

CONTRACTING OFFICE CODE: 36C252

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE, WI 53214

Scott.Sands2@va.gov

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 FOR

AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted monthly in arrears in accordance with: 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. 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 1-877-489-6135 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, purchase order 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.

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 Veterans Affairs

Financial Services Center (VAFSC) 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/veteransaffairs/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. 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 mailto:VA.Registration@Tungsten-Network.com https://portal.tungsten-network.com/Login.aspx http://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.cep.fsc.va.gov/ mailto:VA.Registration@Tungsten-Network.com mailto:VA.Registration@Tungsten-Network.com

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

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

5. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer scott.sands2@va.gov no later than Monday, September 11th, 2023 at 15:00 am Local Time (Central). Contracting will issue a consolidated response via a solicitation amendment by email within 24 Hours to all parties.

6. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13 Simplified Acquisition Procedures. From this RFQ, the Government intends to award a firm fixed price purchase order where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the purchase order.

7. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this purchase order. The Contractor shall communicate with the Contracting Officer on all matters pertaining to purchase order administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this purchase order. 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 purchase order price to cover any increase in cost incurred thereof.

8. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. All VA property is considered Federal property and all Federal laws are applicable.

b. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section.

The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

d. All contractor personnel are required to adhere to all VA rules and regulations.

e. Smoking is prohibited on the entire campus, both inside and outside the VA

Facility

f. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

g. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP).

AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

mailto:vafsccshd@va.gov

9. SECURITY & PRIVACY CONTROL:

PIV Card:

Applies to unsupervised, full-time, logical and/or physical access for more than 6 months OR more than 180 aggregate days in a one-year period.

Defined in VA Directive 0735 as: “Personal Identity Verification (PIV) Credential: An identification card that complies with FIPS 201 and related guidance that contains a photograph and stored identity information so that the claimed identity of the cardholder can be verified by another person or an automated process. PIV credentials are issued to persons requiring routine access to VA facilities or information systems.”

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 needed to perform in accordance with the statement of work is: Special Agreement Check (SAC) & National Agency Check with Inquiries (NACI). This requirement is applicable to all subcontractor personnel requiring the same access.

The current FY23 fees associated with background investigations are:

The SAC is $20. This fee is the responsibility of the Contractor and will be billed accordingly.

Routine Access and Personal Identity Verification of Contractor Personnel:

The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

It shall be the responsibility of the prime Contractor to return such identification to the VA.

10. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

General Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

Access to VA Information and VA Information Systems

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

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

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

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

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

VA Information Custodial Language

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

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

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

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

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

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

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

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

Security Incident Investigation

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

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to

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

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

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

Liquidated Damages for Data Breach

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

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

Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

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

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

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

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

(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 VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

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

(3) Data breach analysis;

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

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

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

Training

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

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

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

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

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

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

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

11. Business Associate Agreement (BAA)

Contractor shall have a complete, approved Business Associate Agreement (BAA) with the VA prior to performing services.

NOTE -

A dial-in connection is not considered essential to the program mission. If access to the device is required, it can be done via site-to-site VPN access, if authorized for the vendor.

If the contract is awarded to a vendor with a current approved national VA site-to-site VPN, the MOU/ISA for that VPN would cover access to the system via the approved VPN.

B.2 STATEMENT OF WORK

STATEMENT OF WORK FOR

ON-SITE DOCUMENT DESTRUCTION-SHREDDING SERVICES

DESCRIPTION OF SERVICES

The Contractor shall be responsible for providing all personnel, equipment, tools, materials, secured vehicles, supervision, and other items and services necessary to perform scheduled on-site Document Destruction/Shredding Services during the hours of 8:00am until 4:30pm Local (Central) Time for the Oscar G. Johnson VA Medical Center (OGJVAMC) and its associated Community-Based Outpatient Clinics (CBOCs). The Contractor shall be responsible for performing to the standards in the Ordering Agreement as well as all local, state, and federal regulations.

The Oscar G. Johnson VAMC and CBOCs intends to use the services of a contractor to shred VAMC records and other materials throughout the year, and at various locations. Records may contain carbon paper, binders, folders, DVDs, CDs, VHS tapes, pill bottles, and other non-paper materials. Final destruction of material shall comply to the most current version of VA Directive 6371 by using the crosscut shredding method to a minimum size of 5/16 inches or smaller, in such a manner that information shall be totally unrecoverable.

All shredding must be done on-site at the Oscar G. Johnson VAMC, at the Outpatient Clinics, or any other leased/rented locations that may require shredding during the duration of this contract. Contractor shall clean up any residual material before leaving the site. The location and hours of services are for the following locations:

Oscar G. Johnson VA Medical Center (OGJVAMC) 325 East H Street Iron Mountain, MI 49801 Dickinson County Phone: 906-774-3300

Hancock CBOC 787 Market Street Hancock, MI 49930 Houghton County Phone: 906-482-7762

Ironwood CBOC 629 West Cloverland Drive, Suite 1 Ironwood, MI 49938 Gogebic County Phone: 906-932-0032

Marquette CBOC 1414 West Fair Ave, Suite 285 Marquette, MI 49855 Marquette County Phone: 906-226-4618

Menominee CBOC 1110 10th Ave, Suite 101 Menominee, MI 49858 Menominee County Phone: 906-863-1286

Rhinelander CBOC 639 West Kemp Street Rhinelander, WI 54501 Oneida County Phone: 715-362-4080

Sault Ste. Marie CBOC 3440 I-75 Business Spur, Sault Ste Marie, MI 49783 Chippewa County Phone: 906-253-9383

Gladstone CBOC 704 Superior Ave Gladstone, MI 49837 Delta County Phone: TBD

Manistique CBOC 813 East Lakeshore Drive Manistique, MI49854 Schoolcraft County Phone: 906-341-3420

GENERAL PROCEDURES

Contractor shall provide document destruction services for Government provided documents, containing classified, sensitive confidential and medical records. Protected information contained on any other form of media shall be removed, obliterated, or the media destroyed by or in the presence of a Contracting Officer’s Representative (COR) designated OGJVAMC employee, CBOC employee, or Contractor employee in such a manner that the information shall be totally unrecoverable. Destruction of classified and patient privacy information shall be accomplished at the OGJVAMC or CBOC using a vehicle equipped for mobile shredding. Work shall be to be accomplished by bonded employees. Contractor shall be responsible for maintaining liability insurance for the duration of the contract, and for following all pertinent federal and state regulations with regard to transportation and destruction of classified medical documentation. Contractor shall be National Association for Information Destruction (NAID AAA) certified for mobile shredding.

All containers, both full and empty shall be located in a designated building determined by the COR where the on-site shredding process shall take place. The containers shall be moved by OGJVAMC or CBOC employees to the designated area where the Contractor shall provide service. Building location shall be provided to the Contractor at time of award.

The contractor shall secure, transport, and store until destruction services are completed on-site.

The contractor shall maintain a chain of security/custody from pick-up to final destruction. The VA will designate a VA employee to accompany the contractor as containers are transported and the contents destroyed.

At OGJVAMC, VA housekeeping employees will collect materials throughout the hospital and deliver them to a central location, to be determined by the COR and communicated to the contractor after award. The contractor shall shred all sensitive documents from that central location. At each of the CBOCs, contractor personnel shall collect sensitive documents to be shredded from their individual locations within the facilities.

The Contractor shall provide a schedule for shredding times to the COR. Each facility shall determine their set day with the Contractor and all paper shredding shall occur on the same day of the week under the established schedule with each facility. If the regularly scheduled shredding day falls on a Federal Holiday, the Contractor shall perform the service either the day prior to or the day after the Federal Holiday and shall inform the COR of the revised shredding day. The Contractor shall be required to call the COR or designee to 24 hours before scheduled service date to confirm time and again when arriving on-site to notify COR they are on the grounds. The Contractor shall pick up security containers and on the scheduled dates and location as specified by the agreed upon and approved schedule that shall be confirmed after award for weekly, bi-monthly, and monthly on-site shredding. The Contractor shall provide keys to these locked containers, with a minimum of two (2) keys per container. If additional keys shall be requested, it shall be provided at no additional cost. Keys shall only be issued to the COR or designee at the time of delivery of bins. NO KEYS SHALL BE PROVIDED FOR ANY CONTAINERS

TO OGJVAMC OR CBOC PERSONNEL WITHOUT THE APPROVAL IN WRITING BY THE

CONTRACTING OFFICER. The Contractor shall change all locks on all containers should the security system (key control system) be breached by other than OGJVAMC or CBOC personnel. The locations for the containers shall be subject to change and the COR shall notify the Contractor of these changes within five (5) business days of any change.

QUANTITY OF BINS/CONTAINERS AND FREQUENCY

The Government will provide an area, at each facility, for the contractor to perform destruction services. This area will be coordinated with the COR. Quantities are provided below.

OGJVAMC: Six (6) 95-gallon containers with two wheels. Weekly

Marquette CBOC: One (1) 95- gallon containers with two wheels. Two (2) times per month

Rhinelander CBOC: One (1) 95- gallon containers with two wheels. Two (2) times per month

Menominee CBOC: One (1) 95- gallon containers with two wheels. One (1) time per month

Hancock CBOC: One (1) 95-gallon containers with two wheels. One (1) time per month

Sault Ste Marie CBOC: One (1) 95- gallon containers with two wheels. One (1) time per month

Gladstone CBOC: One (1) 95- gallon containers with two wheels. One (1) time per month

Ironwood CBOC: One (1) 95-gallon containers with two wheels. One (1) time per month

Manistique CBOC: One (1) 95-gallon containers with two wheels. One (1) time per month

• The Contractor shall furnish the number of locked security waste containers, as required, without additional cost to the Government. The Contractor shall furnish two

(2) sets of keys for each container.

• The Contractor shall deliver the required number of locked security Document Destruction/Shredding containers with key-locking lids to the OGJVAMC, Hancock CBOC, Ironwood CBOC, Marquette CBOC, Menominee CBOC, Rhinelander CBOC, Sault Ste Marie CBOC, Gladstone CBOC, and Manistique CBOC on the effective date of the purchase order award.

• The containers shall be kept locked at all times. The Contractor shall provide the COR with a key for the locks on the containers. Contractor shall be responsible for maintaining all bulk containers in clean and odor-free safe condition.

• Items collected for destruction shall not leave the facility grounds until on-site destruction services have been completed. All items to be destroyed/shredded shall be picked up and shredded on-site at the location as coordinated with the COR.

CONFORMANCE STANDARDS

1. Contractor shall be National Association for Information Destruction (NAID) certified.

2. Contractor shall have a complete, approved Business Associate Agreement (BAA) with the VA.

3. All services provided under this contract must be performed in conformance with the National

Fire Protection Agency (NFPA), and Occupational Safety and Health Administration (OSHA).

Collection containers shall meet the requirements of the National Fire Protection Association Life Safety Code 101 Chapter 19 7.5.7.1 and 7.5.7.2

4. Materials collected for destruction and disposal shall be secured until the confidential material shall be rendered unrecognizable in accordance with National Institute of Standards and Technology (NIST) 800-88 Guidelines for Media Sanitization and Federal Information Processing Standards (FIPS) 199 Security Categorization of the System Confidentiality. The Contractor shall protect, safeguard, control, manage and destroy VA designated confidential documents complying with most current VA Directive 6371. If shredding shall not be the final destruction method and shredding shall only be an interim step in the destruction process, then shredding to NIST standards shall not be required, but the shredded material must be secured until it shall no longer be readable or re-constructable, which means material must be pulverized, bleached, pulped, or fully destroyed by other means.

5. Contractor shall provide locked security containers that shall hold all paper products for shredding, including color paper, color copy and file folders. OGJVAMC or CBOCs shall not be required to separate documents by color or grade of paper, nor remove paper clips and other fasteners.

6. Containers shall be constructed with a deadbolt lock and an offset document slot to prevent unauthorized removal of material. Wheeled containers can be no other than 95-gallons.

7. Contractor shall perform on-site shredding at the designated location on a weekly, bi-monthly, or monthly basis depending on site. Government does not guarantee a specific volume of poundage or the number of containers that shall require shredding weekly, bi-monthly, or monthly.

8. Contractor shall maintain required and appropriate insurance and indemnifications for liability coverage for any and all incidences of occurrence resulting from any information breach that they shall be responsible for throughout the term of the purchase order.

9. All security waste shall be shredded on-site and removed from the OGJVAMC and CBOC premises and transported to an appropriate location to be recycled. During shredding, waste material must be maintained in a secured container in a secured holding area, which shall prevent any disclosure or unauthorized access.

DOCUMENT DESTRUCTION REPORTS

Contractor shall provide a Certificate of Destruction report after each on-site destruction occurrence to include overall poundage. Certificate of Destruction reports shall be submitted either weekly, bi-monthly, or monthly in paper form to the COR immediately after services shall be complete.

Contractor shall maintain Certifications of Responsibility and provide monthly documentation report to the COR that the material met final Federal Regulations. Monthly documentation reports shall be provided digitally to COR within 30 calendar days.

Document destruction reports shall be submitted to the VA Privacy Act Officer within 48 hours of pickup and shall include the information required to meet HIPAA requirements.

At a minimum the report shall include, at a minimum:

-Date of document pickup.

-Weight/tonnage picked up.

-Date of Destruction.

-Method of Destruction.

-Location of Destruction.

-Description of the disposed records.

-Destruction Certification Document number (for monthly destruction certification).

-Destruction Certification date (for monthly destruction certification).

-Statement that the documents were received secured.

-Statement that the documents were destroyed in the normal course of business.

-The signature of the individuals supervising and witnessing the destruction.

-Any other information as determined necessary by the COR due to changes in policy.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

1. All Contractor employees who require access to the Department of Veterans Affairs shall be the subject of a background investigation prior to contract performance. This requirement shall be applicable to all Subcontractor personnel requiring the same access.

2. An access badge will be given to the contractor’s employee upon entrance into OGJVAMC and CBOC buildings. The contractor employee must safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their access badges. Access badges must be worn at or above the waist (facing forward.).

The contractor’s employees must return the access badge(s) to the COR or designee at the end of each pickup process.

3. Contractor shall be required to comply with all security policies/requirements of the OGJVAMC and CBOCs. All security policies/requirements must be met, and employees cleared prior to the Contractor performing work under this contract. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

4. Contractor shall provide the COR with a list of Contractor employees expected to enter the buildings to pick up confidential documents. While on OGJVAMC and CBOC premises, all

Contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

5. It shall be the responsibility of the Contractor’s personnel to park in the appropriate designated loading area.

NON-DISCLOSURE OF SENSITIVE INFORMATION

1. Contractor staff involved in this contract shall have access to some privileged and confidential materials of the US Government. These printed and electronic documents shall be for internal use only and remain the sole property of the US Government. Some of the materials are protected by Privacy Act of 1974 (Amended) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials, by any Contractor or Subcontracted staff, shall be a criminal offense. The Contractor shall be responsible for actions of all employees.

2. The Contractor acknowledges that in the performance of this contract, the Contractor shall have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers, and other private or public entities. The Contractor agrees to safeguard these privileges and use the information exclusively in the performance of this contract. The Contractor shall comply with applicable Government regulations regarding information document security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

3. The Contractor shall be responsible for management, oversight, security, and control of all classified, sensitive, confidential and documents containing sensitive personal information stored in the locked containers, prior to and until completion of Document Destruction/Shredding of the documents.

PRIVACY ACT AND HIPAA COMPLIANCE

The Contractor understands and agrees that property obtained for destruction under this contract may contain records previously maintained as a system of records subject to the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA). The Contractor shall be subject to the provisions of the Privacy Act and HIPAA and shall be responsible for compliance with the provisions with respect to the handling and disposal of protected information.

PERFORMANCE MONITORING

The COR shall use the surveillance methods listed below in the performance monitoring of this contract.

a. Direct Observation (periodically or through 100% surveillance, at the COR’s discretion)

b. Periodic Inspection (Evaluates outcomes on a periodic basis. Inspections may occur scheduled or unscheduled at the COR’s discretion.)

ACCEPTABLE PERFORMANCE

The government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.

UNACCEPTABLE PERFORMANCE

When unacceptable performance occurs, the COR shall inform the Contractor in writing. When COR determines formal written communication shall be required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the Contractor’s program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify if the Contractor shall be required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. Any CDRs and corrective action plans may become part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer (CO).

The Contractor shall develop and maintain quality programs to ensure document destruction services (shredding) are being performed in accordance with commonly accepted commercial practices and the requirements specified in the SOW. 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. The Contractor is responsible for quality control and specification compliance.

HOURS OF OPERATION

Normal hours of operations at the OGJVAMC and CBOCs shall be Monday through Friday from 8:00 am to 4:30 pm Local (Central) Time excluding Federal Holidays. All work and services shall be performed during normal hours of operation and shall be during the time period agreed upon by the COR.

Contractor shall not be required to perform services on the following Federal Holidays, nor any other day declared a Federal Holiday by the President of the United States:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

When a Federal Holiday falls on a Sunday, the following Monday shall be observed as a Federal Holiday by U.S. Government agencies. When a Federal Holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS (AS APPLICABLE)

The Contractor shall assign to this contract the following key personnel: Document Destruction/Shredding Services Disposer.

During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution shall be necessitated by the individual’s illness, death, or termination of employment. The Contractor shall notify the COR, in writing, within five (5) calendar days after the occurrence of any of these events and provide the information required by paragraph below. After the initial 90-day period of the contract, the Contractor shall submit the information required to the COR at least five (5) days prior to making any permanent substitutions. The COR must approve all substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the COR. Proposed substitutes shall have comparable qualifications to those of the persons being replaced.

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