36C25923Q0490.docx

36C25923Q0490

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. SIGNAT

URE 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

36C25923Q0490 Frankie Basham 918.577.3923 08-15-2023 15:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 561210 $47 Million N/A X Department of Veterans Affairs Jack C. Montgomery VA Medical Center 1011 Honor Heights Drive Muskogee OK 74401 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Document Destruction Jack C. Montgomery VA Medical Center Respond to Solicitation: email frances.basham@va.gov by date and time in block 8.

Evaluation of Solicitation:

1. Price.

2. Passed Performance (will be pulled by CO).

3.

Provide Contingency Plan (as per PWS).

See CONTINUATION Page X X Mitchael Purdom

VA-VHA-RPOW-2023-0050

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C259

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 PERFORMANCE WORK STATEMENT (PWS)

PERFORMANCE WORK STATEMENT

ON-SITE DOCUMENT DESTRUCTION

VA Medical Center Muskogee OK 74401

1.0 GENERAL

The Eastern Oklahoma VA Health Care System is requesting a contractor to furnish on-site, commercial, secured collection and destruction of confidential documents (to include on-site “Interim Destruction” and off-site “Final Destruction”), paper and patient privacy information for the below listed locations.

The contractor shall provide all personnel, supervision, equipment and other services deemed necessary to perform all work as defined in this Performance Work Statement (PWS). The Contractor “does not” have to be NAID (National Association for Information Destruction) certified, but all Document Destruction procedures will be followed (per VA Directive 6371) as if contractor was NAID certified. The contractor shall clean up any residual material before leaving the site. Normal business hours are 8:00a.m. to 4:30p.m., Monday through Friday, excluding holidays. The Contractor shall perform to the standards expressed in the contract and perform all tasks during these hours. All “Interim” shredding shall take place at/on the Government owned or leased facilities herein and shall be witnessed by a VA employee authorized to witness the destruction of sensitive VA material.

The ten national holidays observed by the Federal Government are:

Columbus Day

Holidays that fall on Saturday are usually observed on the preceding Friday and holidays that fall on Sunday are usually observed on the following Monday. In addition to the days designated as holidays, the Government observes any other day designated by Federal Statute, Executive order, or by the President’s Proclamation to include any future holidays enacted by the Federal Government. Any questions pertaining to scheduling and/or Federal Holidays will be directed to the Contract Officer Representative (COR) or the Contracting Officer (CO).

The contractor shall maintain liability insurance for the duration of the contract. Insurance shall be adequate to cover all situations that could develop under this contract. The contractor shall follow all Veterans Administration, Local, State, and Federal laws and/or regulations regarding the transportation and destruction of classified medical documentation to include VA Directive 6371. Any (to include new) Laws, Regulations, and or Directives that are undated shall be followed as per the date of the update.

The contractor shall ensure that access to Personally Identifiable Information (PII) is limited to authorized personnel and shall be kept in strict confidentiality. The contractor is further informed that in accordance with provisions of the Privacy Act and Health Insurance Portability and Accountability Act of 1996 (HIPAA), criminal penalties may result for knowingly and willfully disclosing information of this type.

2.0 PERSONNEL

The selection, assignment, reassignment, transfer, supervision, management and control of all employees in performance of this PWS/Contract shall be the responsibility of the contractor. However, the contractor shall comply with the general intent and specific policies set forth in the performance work statement concerning conduct of employees as referenced herein. When the Government directs, the contractor shall remove from performance of the contract any person who is identified as a potential threat to Sensitive and/or Patient information, the health, safety, security, general well-being, or operation mission of the activity and its population.

Documentation of a National Agency Check with Inquiries (NACI) background check shall be provided to the Contracting Officer’s Representative (COR) on all contract employees who will provide service to the Medical Center and all other locations.

The contractor shall provide only personnel who are knowledgeable of all sites and locations of collection bins. Upon arrival, the contract employee shall check in with the COR or with Environmental Management Service to be assigned an escort. Contractor employees shall not be on any federally owned or leased property without an escort.

Contractor employees shall be subject to the provisions of Public Law 93-579, Privacy Act of 1974, Health Insurance Portability and Accountability Act of 1996 (HIPAA), applicable Federal and VA confidentiality and security laws and regulations, and Joint Commission Standards.

The contractor shall assign a Project Manager for the purpose of coordination, oversight, and management of this contract. All contract employees shall present a neat, clean appearance, be well groomed, and be easily recognized while working. While on the premises contract employees shall wear a company uniform with a visible identification badge which shall contain a picture of the employee.

The Contractor and/or Project Manager shall be accessible and/or available by phone Monday through Friday 8:00 a.m. to 4:30 p.m., excluding federally recognized holidays, for answering questions in order to assist in meeting the facility’s needs.

3.0 SAFETY AND FIRE PREVENTION

4.0 PRIVACY

All VA sensitive information that is contained in paper records under the jurisdiction of VA shall be handled by the most secure, economical, and effective means in accordance with legal requirements. Personal Identifiable Information (PII) is the most common form of sensitive information handled at the VAMC and therefore requires the use of extraordinary procedures for its protection. PII that is not properly disposed of can result in actual or potential identity theft, and can cause great personal hardship to the subject individuals. It is imperative that the appropriate means of destruction be used for all VA temporary paper records. A BAA (Business Associate Agreement) will be required (see BAA Template) of the contract awardee. VA Handbook 6371 “Destruction of Temporary Paper Records” (and/or any updated VA paper destruction regulation) will be adhered to in relation to this contract. A two-step method of destruction with “Interim Destruction” taking place on the Government Facility and “Final Destruction” allowed to be completed away from the Government Facility. VA’s preference is for a method of destruction that permits paper records to be recycled, while still meeting the requirements for “Final Destruction”.

Interim Destruction: Interim destruction of temporary paper records refers to macerating, chopping, pulverizing, or shredding of these records to a degree that does not definitively ensure that they are not readable or re-constructible to any degree, but does ensure that they are not readable or re-constructible without extraordinary effort. This destruction of temporary records is a preliminary step that will allow for secure transport of records until such time as their final destruction. All temporary paper records will go through “Interim Destruction” before leaving the Government Facility. The interim destruction of records is proper for ensuring their security when transportation is necessary for final destruction. Interim destruction of these records must take place at the VA facility and must be to the degree that the information contained on them is not readable or re-constructible without extraordinary effort. “Interim Destruction” must be carried out in accordance with VA Directive 6371 by a contractor who can provide sufficient reasonable safeguards to protect the records until final destruction has been completed. Methods of interim destruction carried out by a contractor must be witnessed by a Federal employee or, if authorized by the organization that created the records, a contractor employee may act as witness, and the written attestation shall be submitted to the organization that created the records. The contractor employee may be the vendor performing the interim destruction as long as a certification of destruction is provided to VA.

Final Destruction: The process through which temporary paper records are pulped, macerated, or shredded to a degree that definitively ensures that they are not readable or re-constructible to any degree. If this final destruction is performed away from a VA facility it must be performed by an information destruction contractor (or its subcontractor of third party) who has demonstrated that:

(1) Its destruction process constitutes final destruction as defined in VA Directive 6371; and

(2) It has implemented reasonable physical safeguards to protect VA temporary paper records during their transportation, transfer, or short-term storage prior to the completion of their final destruction. Long-term storage (more than 30 days) must be approved in advance and in writing by the VA organization that generated the temporary paper records.

However, if the records require special protection because they are national security classified or deemed confidential by statute such as the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), regulation, or VA policy, the wastepaper contractor shall be required to wet pulp, macerate, chop, shred, or otherwise definitively destroy the information contained in the records so that it is not readable or re-constructible. The destruction of the information must be witnessed either by a Federal employee or, if authorized by the organization that created the records, by a contractor employee. This witnessing may be completed by the wastepaper contractor as long as a documented certification of destruction is provided to VA that certifies complete destruction of the records.

Certification of Destruction: Written documentation by a records destruction or recycling contractor or vendor that attests to the completion of the destruction process after the destruction of VA records has taken place. Contractor to submit Final Destruction Report to COR within 30days of initial pick up from VA locations. This certification is not considered a valid certification of destruction if submitted prior to the actual destruction of the records. Certifications of destruction shall be maintained in accordance with applicable VA Records Control Schedules, and shall only be accepted from data destruction or recycle vendors after final destruction has actually taken place. VA personnel responsible for the final destruction of temporary records will develop a tracking method for ensuring that a certification of destruction is submitted for every shipment of such records released to a data destruction or recycling vendor.

5.0 SPECIFIC TASKS BY CONTRACTOR

All shredding services shall be provided on government owned or leased properties herein. Contract employees shall go to the locations of consoles, remove materials from the locked containers and transfer them to a secured location until destruction. The contractor shall destroy all paper products removed from the VA Medical Center and the CBOCs, through an acceptable process which renders the paper completely unreadable, in accordance with VA Directive 6371.

The contractor’s equipment shall produce unreadable material that cannot be reconstructed to any degree. The shredder shall be of such capacity that limited quantities of incidentals such as paper clips, staples, rubber bands, pill bottles, patient plastic armbands and other types of paper can be shredded.

The contractor shall provide secure lockable containers (consoles) with front facing/loading openings to collect and store materials to be shredded until such time that the shredding of the materials occurs. The consoles shall be approximately; 36 inches high, 20 inches wide, and 20 inches deep. The consoles shall be provided, maintained, increased, decreased and replaced at no charge to the VA. The VA reserves the right to increase or decrease the number of consoles by 10% as needed by submitting a request in writing at least 30 days in advance. Console keys shall only be given to authorized VA employees. The COR will maintain a listing of authorized employees. Consoles shall be installed in specific locations by the contractor. Changes in location of any console shall be by agreement of both the Government (CO) and the contractor. Any console movement shall be accomplished by the contractor.

During the course of the contract quantities and location of collection consoles may be required to facilitate new construction and/or departmental moves. The CO, COR, and contractor will work jointly to ensure a current list of console locations and numbers is maintained by the VA and the contractor. Any new consoles or console placement, existing location console moves, or console removals will be added, or deleted, to the existing contract by contract modification at no further cost to the Government. A Modification will be completed to fund/pay for servicing of any consoles added to the contract.

The contractor shall perform shredding/pick-up on days scheduled and/or as agreeable to both the VA facilities and the contractor. The VA facilities will provide an escort for the contractor on days scheduled and/or as agreeable to both the VA facilities and the contractor. The contractor shall perform their best effort to ensure service for all consoles on every scheduled visit. Any changes to the schedule shall be approved in advance of the contractor visiting the facilities.

A clear certificate of destruction shall be provided to the COR (or Alternate COR (ACOR) when the COR is unavailable) upon the completion of service at every location. Shredded paper shall to be recycled (if applicable) and the contractor shall provide a chain of custody letter showing each step of the recycle process and final disposition of destroyed materials, to include pounds and/or bags. The contractor shall provide an environmental certificate on an annual basis showing total estimated pounds of paper products disposed of.

The contractor shall provide documentation of a contingency plan in the event of equipment failure or unexpected events to include the primary and alternate site for final destruction. This shall be provided with your quote and evaluated by the Contracting Officer.

6.0 LOCATIONS

Jack C. Montgomery VA Medical Center 1011 Honor Heights Drive Muskogee, OK 74401 Number of lockable consoles: 143 Pick-up: Every Wednesday, or as mutually agreed (excluding federal holidays)

Ernest Childers VA Outpatient Clinic (Tulsa) 8921 S Mingo Rd Tulsa, OK 74145 Number of lockable consoles: 35 Pick-up: Every Thursday, or as mutually agreed (excluding federal holidays)

Claremore Outpatient Clinic (replacing the original Vinita Outpatient Clinic from 7th Street) Address: TBD Number of lockable consoles: 4 Pick-up: Once a month as mutually agreed (excluding federal holidays)

Tulsa Behavioral Medicine Service 10159 E 11th Street Tulsa, OK 74128 Number of lockable consoles: 10 Pick-up: Once a month as mutually agreed (excluding federal holidays)

VA Administration Building 2410 Shawnee Rd Muskogee, OK 74403 Number of lockable consoles: 13 Pick-up: Once a month as mutually agreed (excluding federal holidays)

VA Jack Montgomery Eastside 2414 E Shawnee Rd Muskogee, OK 74403 Number of lockable consoles: 4 Pick-up: Once a month as mutually agreed (excluding federal holidays)

Tulsa Dental Clinic 5110 S. Yale Ave, Tulsa Oklahoma, 74135 Number of lockable consoles: 4 Pick-up: Twice a month as mutually agreed (excluding federal holidays)

McAlester CBOC 2e Clark Bass Blvd McAlester, Oklahoma 74501-4209 Number of lockable consoles: 7 Pick-up: Twice a month as mutually agreed (excluding federal holidays)

TOTAL ESTIMATED CONSOLES: 221

FUTURE SERVICES

The VA anticipates the following locations will need services as they become fully operational.

Bartlesville Outpatient Clinic Address: TBD Number of lockable consoles: TBD, possibly 4 – 6 Pick-up: Once a month as mutually agreed (excluding federal holidays)

NEW SERVICES and CHANGES TO SERVICES: If any services require changes in frequency or quantity of consoles or it is determined that new services are required at new locations, the contractor will provide the VA POC with a quote for such changes, to include provision of consoles, labor and transportation etc. necessary to perform services in accordance with this PWS. The VA reserves the right to either modify the current contract for changes or to post a new Solicitation in order to ensure a "Fair & Reasonable" price of new changes.

36C25923Q0490

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Quality Assurance Surveillance Plan (QASP) Document Destruction Eastern Oklahoma VA Health Care System (EOVAHCS) Muskogee OK 74401

CONTRACT PERFORMANCE MONITORING:

Monitoring of contractor’s performance shall be demonstrated through Direct Observation. The COR and/or the alternate COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

CONTRACTOR MONITORING BY SERVICE: (QASP)

At the time of contract award, the Contracting Officer will appoint a COR and the alternate COR to assist with the contract monitoring requirements. The COR (and alternate COR if appointed) will monitor such items as quality of service, timeliness of performance, customer service, cost control, and business relations. The COR will ensure that services are performed and be responsible for handling service related requirements necessary for patient care, the Mission of VHA.

The services provided will be monitored through a variety of mechanisms, including but not limited to:

Observation Random Inspection of services provided

The Government may evaluate the quality of professional and administrative services provided; but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for inspections and/or testing methods), in accordance with FAR 37.401(b).

The delegated COR (and/or alternate COR) will notify the Contracting Officer of any non-compliance immediately upon his/her gaining knowledge of any such situation or incident. Initial communication may be communicated by telephone. After such communication, the COR (and/or alternate COR) will provide a written/electronic statement to the contracting officer along with any supporting documentation regarding the performance failure noted.

A summary evaluation of the contractor performance will be forwarded to the contracting officer annually prior to exercising any option year(s) and could affect positive CPARS (Contract Performance Assessment Reporting System) or other Past Performance Ratings.

PERFORMANCE REQUIREMENTS SUMMARY MATRIX:

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Document Destruction at Jack C. Montgomery VA Medical Center (Number of lockable consoles: 143), in accordance with the PWS.

Pick-up: Every Wednesday, or as mutually agreed (excluding federal holidays) Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

Document Destruction at Ernest Childers VA Outpatient Clinic (Number of lockable consoles: 35), in accordance with the PWS.

Pick-up: Every Thursday, or as mutually agreed (excluding federal holidays) Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024

Document Destruction at Claremore Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Pick-up: Once a month as mutually agreed (excluding federal holidays) Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024

Document Destruction at Tulsa Behavioral Medicine Service (Number of lockable consoles: 10), in accordance with the PWS.

Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024

Document Destruction at VA Administration Building (Number of lockable consoles: 13), in accordance with the PWS.

Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024

Document Destruction at Jack Montgomery VA Eastside (Number of lockable consoles: 4), in accordance with the PWS.

Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024

Document Destruction at Tulsa Dental Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024

Document Destruction at McAlester Community Based Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Contract Period:

POP Begin: 10-01-2023 POP End: 09-30-2024

Document Destruction at Jack C. Montgomery VA Medical Center (Number of lockable consoles: 143), in accordance with the PWS.

Document Destruction at Ernest Childers VA Outpatient Clinic (Number of lockable consoles: 35), in accordance with the PWS.

Document Destruction at Claremore Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Behavioral Medicine Service (Number of lockable consoles: 10), in accordance with the PWS.

Document Destruction at VA Administration Building (Number of lockable consoles: 13), in accordance with the PWS.

Document Destruction at Jack Montgomery VA Eastside (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Dental Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at McAlester Community Based Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Jack C. Montgomery VA Medical Center (Number of lockable consoles: 143), in accordance with the PWS.

Document Destruction at Ernest Childers VA Outpatient Clinic (Number of lockable consoles: 35), in accordance with the PWS.

Document Destruction at Claremore Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Behavioral Medicine Service (Number of lockable consoles: 10), in accordance with the PWS.

Document Destruction at VA Administration Building (Number of lockable consoles: 13), in accordance with the PWS.

Document Destruction at Jack Montgomery VA Eastside (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Dental Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at McAlester Community Based Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Jack C. Montgomery VA Medical Center (Number of lockable consoles: 143), in accordance with the PWS.

Document Destruction at Ernest Childers VA Outpatient Clinic (Number of lockable consoles: 35), in accordance with the PWS.

Document Destruction at Claremore Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Behavioral Medicine Service (Number of lockable consoles: 10), in accordance with the PWS.

Document Destruction at VA Administration Building (Number of lockable consoles: 13), in accordance with the PWS.

Document Destruction at Jack Montgomery VA Eastside (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Dental Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at McAlester Community Based Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Jack C. Montgomery VA Medical Center (Number of lockable consoles: 143), in accordance with the PWS.

Document Destruction at Ernest Childers VA Outpatient Clinic (Number of lockable consoles: 35), in accordance with the PWS.

Document Destruction at Claremore Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Behavioral Medicine Service (Number of lockable consoles: 10), in accordance with the PWS.

Document Destruction at VA Administration Building (Number of lockable consoles: 13), in accordance with the PWS.

Document Destruction at Jack Montgomery VA Eastside (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at Tulsa Dental Clinic (Number of lockable consoles: 4), in accordance with the PWS.

Document Destruction at McAlester Community Based Outpatient Clinic (Number of lockable consoles: 4), in accordance with the PWS.

B.5 CONTRACTOR PAYMENT REQUESTS

Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp

· Tungsten e-Invoice Setup Information: 1-877-489-6135

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

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

· FSC e-invoice email: vafsccshd@va.gov Payment requests may be impacted if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13.

**Vendor must remain "Active" in SAMs for entire contract term**

B.6 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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.

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the…