DRAFT Performance Work Statement - Doc Destruction Svc.pdf

PERFORMANCE WORK STATEMENT (PWS)

ON-SITE DOCUMENT DESTRUCTION (SHREDDING)

MICHAEL E. DEBAKEY VETERANS AFFAIRS MEDICAL CENTER

(MEDVAMC)

1. GENERAL:

1.1. The contractor shall provide all labor, personnel, equipment, supplies, secured vehicles, materials, supervision and other related services necessary to provide on-site commercial document destruction (shredding) services for the Michael E. DeBakey Veterans Affairs Medical Center (MEDVAMC) and affiliated Community Based Out Patient Clinics (CBOCs) in Beaumont, Conroe, Galveston, Katy, Lake Jackson, Lufkin, Richmond, Texas City, Tomball, Sugarland, Houston (Downtown Webster location), Houston Domiciliary Residential Rehabilitation & Treatment Program (DRRTP), Humble, and Nabisco. Pickup schedule for each location(s) is identified in location. Changes to the schedule shall be coordinated with the Contracting Officer Representative (COR). The contractor shall be responsible for pick-up and returning bins to collection locations. The locations for the bulk containers are subject to change by the Government. The Government shall notify the contractor, in writing, of location changes or additional bins.

1.2. The Government reserves the right to increase or decrease the number of containers by 10% as needed by submitting a request in writing to the contractor at least 30-days in advance.

1.3. The Contractor Furnished Equipment will be front feed lockable consoles. Executive Consoles shall be installed in specific locations by the contractor. Changes in location of any console shall be by agreement of both the Government Contracting Officer (CO) and the contractor. Any console movement shall be accomplished by the contractor. JCAHO (Joint Commission) Compliant. HIPPA Compliant.

1.4. Container Access. The Contractor shall provide keys to the COR at each location to the secure, locked containers used to store material for destruction/shredding in case of emergency.

1.5. The Contractor will be responsible for replacing damaged or broken consoles.

1.6. 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. WORK HOURS:

2.1. Normal Work Hours: (7:30am - 3:30pm Monday-Friday)

2.2. National Holidays: The ten holidays observed by the Federal Government are: New Year Day, Martin

Luther King’s Birthday, Juneteenth, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day specifically declared by the President of the United States to be a National Holiday.

3. SHREDDING SPECIFICATIONS:

3.1. The on-site process through which temporary records are pulped, macerated or shredded is to a degree that definitively ensures that they are not readable or reconstructed to any degree.

3.2. Periodically (unscheduled and at any of the identified facilities) at the COR’s request, a sample of shredded material will be provided to the Privacy Officer for confirmation that the onsite shredding is to a degree that meets final destruction requirements. The contractor shall protect, safeguard, control, manage and destroy VA designated confidential documents complying with VA Directive 6500.6, VA Directive 6371, Appendix A, 2014. Final destruction will be performed onsite. Information will also be protected in accordance with the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA) of 1992. Shredder will be of such capacity that limited quantities of incidentals such as paper clips, staples, rubber bands, patient plastic armbands and other types of paper can be shredded.

4. TASKS:

4.1. Contractor shall perform tasks described below:

Collection Points:

DRAFT

Main Campus

Michael E. DeBakey VA medical Center main campus 2002

Holcombe Boulevard, Houston, Texas 77030

Community Based Out Patient Clinics

Beaumont: 3420 Veterans Circle, Beaumont, TX 77707 (New Location Under Development Nov. 2025)

Conroe: Loop 3360, Conroe, TX 77304

Galveston: 500 Seawall BLvd. Galveston, TX 77550

Katy: 750 Westgreen Blvd. Ste. 300, Katy, TX 77450

Lake Jackson: 208 Oak Drive South, Lake Jackson, TX 77566

Lufkin (Charles Wilson): 2206 North John Redditt Drive, Lufkin. TX 75904

Richmond: 22001 Southwest Freeway, Ste. 200, Richmond, TX 77469

Texas City: 9300 Emmett F. Lowry Express way, Ste. 206, Texas City, TX 77591

Tomball: 1200 Main Street, Tomball, TX 77375

Sugarland: 1327 Lake Pointe Parkway, Ste. 520 ( ST. Luke’s Professional Bldg.)

Humble: 1845 FM 1960 Bypass Rd. E , Humble, TX 77338

Houston (Downtown Webster Location): 1700 Webster St. Houston Tx. 77003

Houston Domiciliary Residential Rehabilitation & Treatment Program (DRRTP): 43620 Old Spanish Trail Houston, TX. 77021

Nabisco: 2450 Holcombe Blvd Houston TX, 77030

4.2. Collection Sites: Contractor shall pick up all bins from locations specified in the list of bin locations listed below. All shredding must be done on-site at the MEDVAMC and affiliated CBOPC. The contractor will maintain a chain of security/custody from pick up to final destruction. The Contractor will provide to the Government a Certificate of Destruction which contains all the required elements described in

5. CERTIFICATE OF DESTRUCTION.

LOCATIONS

Facility Number of Containers Frequency

Houston (Main Campus) Bldg 100 Bldg 103 Bldg 108 Bldg 108A Bldg 109 Bldg 110 Bldg 120 Bldg 125 (30-40 EC)

380 Monday thru Friday Three times a week each container Onsite Destruction three times a week

Bldg 121 (Under Construction) Sugar Land 10 Once per Month

Beaumont (New Location Under Development Nov. 2025)

40 Monday and Thursday (Twice a week)

Conroe 27 Tuesday and Friday (Twice a week)

Galveston (New Location Under Development Nov. 2025)

10 Every 1st Wednesday (Once per Month)

Katy 25 Monday and Thursday (Twice a week)

Lake Jackson 8 Every 2nd Wednesday (Once per Month)

Lufkin 30 Every 3rd Wednesday (Once per Month)

Richmond 8 Every 1st Thursday (Once per Month)

Texas City 12 Every 1st Thursday (Once per Month)

Tomball 25 Tuesday and Friday (Twice a week)

Houston (Downtown Webster Location)

5 Once Per Month

Houston Domiciliary Residential Rehabilitation & Treatment Program (DRRTP)

5 Once Per Month

Humble 10 Once Per Month

Nabisco 6 Once Per Week

Approximant containers 561.

NOTE- THE GOVERNMENT IS OPEN TO SCHEDULE REVISONS WITH THE APPROVAL OF

THE COR AND NO IMPACT TO THE REQUIREMENT AND THE FACILITIES.

5.1. Shredding to be conducted on site at collection points. The MEDVAMC COR or representative may be present to observe the process at any time to ensure proper quality control.

5.2. If shredding is not the final destruction method and shredding is only an interim step in the destruction process, then shredding to National Institute of Standards Technology (NIST) standards is not required, but the shredded material must be secured until it is no longer readable or able to be reconstructed, which means material must be pulverized bleached, pulped or fully destroyed by other means.

5.3. Contractor shall furnish facility pounds of shredded materials (monthly, quarterly, and/or annually as requested by the COR).

5.4. All containers will have barcodes on the interior of the locking security container. Each container will be scanned with each service. A document will be sent to the COR to ensure the container was serviced. The contractor shall furnish this document (monthly, quarterly, and/or annually as requested by the COR).

5.5. The Contractor shall be responsible for maintaining the security of the bins and their contents at all times during the collection process. The Contractor shall ensure that locked containers are returned to their assigned locations after shredding is completed by the Contractor's personnel.

5.6. Contractor is required to perform shredding/pick-up on days listed above. Any changes to the schedule shall be approved in advance of the contractor visiting the facilities.

5.7. Contractor shall provide a Certificate of Destruction for every date document was destroyed.

5.8. Any additional service calls will be answered within 24hrs.

5.9. When the Government needs additional Purge Services. This will be a Price per Container cost. (96 gal Toter)

5.10. End of quarter clean out purge event. Four times a year.

5.11. Environmental certificates shall be provided on a yearly basis in an effort to comply with

VA’s policy to maintain a green environment by reducing the amount of waste going to landfills through recycling.

5.12. Insurance shall be provided for destruction of VA material.

5.13. Contractor shall be bonded or be covered for Error and Omissions Insurance in the amount of at least $500,000. PROOF OF SUCH SHALL BE SUBMITTED TO COR NO LATER THAN

SEVEN DAYS AFTER NOTICE OF AWARD.

6. NON-DISCLOSURE OF SENSITIVE INFORMATION: Contractor staff involved in this contract will have access to some privileged and confidential materials of the U.S. Government. These printed and electronic documents are for internal use only and remain the sole property of the U.S.

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, is a criminal offense. The contractor is responsible for actions of contract employees.

6.1. The contractor acknowledges that in the performance of this contract, the contractor will 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.

The contractor shall not inspect, view, peruse, copy, or examine any confidential material or document whether designated for shredding/disposal or not. Should any violation or breach of this provision occur, such shall constitute cause for immediate termination of this contract upon receipt of written notice of such termination.

7. INSPECTION: Representatives of the Government shall have the right to inspect the contractor’s and/or Subcontractor’s facilities and operations provided for the performance of work under this agreement. This includes inspection of the entire process – pickup, onsite shredding, and final disposal of the document.

8. CONTRACTOR QUALITY CONTROL: The contractor shall develop and maintain quality control programs to ensure destruction services are performed in accordance with mandated specifications, regulations and laws. The contractor shall implement procedures to identify and prevent the occurrence of defective services.

9. CERTIFICATION OF DESTRUCTION: The contractor shall deliver industry standard Certificate of

Destruction for completed destruction according to the NIST and FIPS Regulation. The certificate should be ELECTRONICALLY delivered to the COR on the 1st and 15th of each month. The contractor shall maintain proper records concerning each Certificate of Destruction issued. The Certificate of Destruction shall at a minimum contain the following:

9.1. Pickup/Delivery Location

9.2. Pickup/Delivery Date

9.3. Name and signature of Government Contact or designee at Pickup Location

9.4. Amount of shredded waste (number of containers picked up and/or pounds shredded)

9.5. Destruction Certification Document Number

9.6. Destruction Certification Date

9.7. Any other information as determined necessary by the COR.

9.8. Name and signature of contractor’s employee who observed final destruction

10. PRIVACY POLICY TRAINING: All contractor and subcontractor employees performing work under this contract are required to complete VA 10203 HIPAA and Privacy Training.

10.1. Successfully complete VA General Privacy training and annual refresher training as required.

10.2. A copy of the training certificates for each applicable employee shall be provided to the COR within (1) week of the initiation of the contract and annually thereafter, as required. These online courses are located at the following website: (https://www.tms.va.gov). Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic privileges and removal from work on the contract until such time as the training is completed.

11. CONTRACTOR PERSONNEL BADGES AND PARKING:

11.1. The contractor shall provide the COR with a list of contractor employees expected to pick up confidential documents. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

11.2. Contractor employees found reading any of the VA materials shall be promptly removed from the premises where the on-site document destruction (shredding) is being performed and the person(s) involved shall not be allowed to return for any future on-site document destruction (shredding) services.

11.3. 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 display contractor’s badge(s) to the contact person or designee at the end of each pick-up process.

11.4. The contractor shall be required to comply with all security policies/requirements of

MEDVAMC. 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.

11.5. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with each facility Supervisory, Environment of Care Specialist at the LR and NLR facilities.

11.6. MEDVAMC does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstance https://www.tms.va.gov/ https://www.tms.va.gov/ https://www.tms.va.gov/

11.7. Uniforms supplied by the Company will be worn at all time while on duty by their employees.

11.8. Upon termination or departure of any Contractor employee, the Contractor shall notify the Government within 24 hours. The Contractor shall return all government issued badges from the employee and return the badges to the government within 72 hours of the employee’s employment end date.

12. Records Management Language for Contracts

12.1. The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

12.2. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

12.3. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

12.4. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

12.5. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

12.6. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

12.7. The Government Agency owns the rights to all data/records produced as part of this contract.

12.8. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

12.9. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

12.10. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

12.11. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

12.12. Source: The National Archives Records Administration (NARA).

http://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

13. VA INFORMATION CUSTODIAL LANGUAGE

13.1. 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).

13.2. 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.

13.3. 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. D.5 - Attachment 5

13.4. 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.

13.5. 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.

13.6. 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.

13.7. 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.

13.8. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations:

13.8.1. in response to a qualifying order of a court of competent jurisdiction, or

13.8.2. 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.

13.9. 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.

13.10. 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.

14. SECURITY INCIDENT INVESTIGATION

14.1. 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.

14.2. 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.

14.3. 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.

14.4. 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.

15. QUALITY ASSURANCE: The Government will receive and investigate complaints from various customers located at MEDVAMC. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

Performance Objective Performance Threshold

Contractor picks up from all designated areas as outlined above in the final contract, dependent on the final shredding method agreed upon between MEDVAMC and the contractor.

Less than three (3) verified complaints of non-pickups per quarter.

16. CHANGES TO CONTRACT OR PWS: Changes to this PWS or the impending contract shall only be authorized and approved through written correspondence from the CO. A copy of each change shall be kept in a project folder along with all other documents or items pertaining to the project. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

Performance Requirements Summary (PRS)

Following is the summary of performance standards for services described herein.

Requirements not listed on this table but listed elsewhere in this PWS are still in full force and effect not superseded by this table.

Desired Outcome

Performance Standard Acceptable

Quality Level

(AQL)

Surveillance Method(s)

The Contractor shall provide pick-ups services as outlined in the Performance Work Statement (PWS)

The Contractor shall provide pick-ups for Michael E.

DeBakey VAMC, and affiliated Community Based Out- Patient Clinics (CBOPC) in Beaumont, Conroe, Galveston, Katy, Lake Jackson, Lufkin, Richmond, Texas City, Houston (Downtown), Sugarland, Humble, and Tomball, as outlined in the Performance Work Statement (PWS).

100% Observation and random inspection

Pick up sensitive documents for destruction

Sensitive documents from all areas of the hospital will be picked up to ensure no collection bin is left to overflow.

Less than three

(3) complaints in a calendar month

Observation and random inspection by COR

Contract employees do not misuse their privileges

Contract employees do not inspect, view, copy, or examine confidential documents.

Zero (0) complaint during the life of the contract

Surveillance by all VA employees

Badges are properly displayed

Contractor employees wear their access badge in such a way that the name and photo of the employee is visible to any person standing within six (6) feet in front of he/she.

Zero (0) complaint during the life of the contract

Surveillance by all VA employees

Bins are not left unlocked

All bins will be kept locked at all times.

Zero (0) complaint of bin left unlocked

Observation and random inspection, by

COR

All contractor employees receive the mandated privacy training

All contract employees working under this contract receive all the required privacy training and other training that may be mandated by the COR.

Zero (0) complaint during the life of the contract

Observation and random inspection, by

COR

Certificate of destruction is provided to the COR within five (5) working days of shredding

The contractor shall ensure a certificate of destruction is provided to the COR within five

(5) working days from the day of onsite shredding.

Less than 3 Complaint in a calendar month

Observation and random inspection, by

COR

Contractor notify the appropriate persons of any compromise in security of document

The contractor shall notify the VA Police Privacy/Information Security officer, and COR of any document spillage or other forms of security compromise within one (1) hour of knowledge of the event.

Zero (0) complaint during the life of the contract

Observation and random inspection, by

COR

17. CONTRACT ADMINISTRATION AND PERFORMANCE MONITORING:

17.1. Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The COR and Program Manager (PM) will assist by monitoring contractor performance and reporting the findings to the CO.

17.2. The COR shall be designated on the authority of the CO at the time of contract award to monitor all technical aspects of the contract. In no event is the COR empowered to change any of the terms and conditions of the contract. Changes in any section of this contract shall be made only by the CO pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the Contractor performs the technical requirements of the contract, and to notify both the Contractor and the CO of any deficiencies observed. A memorandum of designation shall be issued to the COR and a copy shall be sent to the Contractor at the time of contract award setting forth in full the responsibilities and limitations of the COR.

18. Contracting Officer’s Representative (COR): Anthony Landry

Department of Veterans Affairs Email:

Anthony.Landry@va.gov

19. Contracting Officer (CO):

Network Contracting Office 16 E-mail:

20. PAYMENTS: Payment shall be made monthly, in arrears, upon receipt of a properly prepared invoice.

END OF THE PERFORMANCE WORK STATEMENT

mailto:Anthony.Landry@va.gov