RFQ 36C25923Q0291.docx

36C25923Q0291

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

442-23-2-548-0098

36C259-23-AP-0224

36C25923Q0291 02-27-2023 John Cheng 303-712-5776 03-07-2023 12:00

MST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 561990 $14.5 Million NET 30 Days N/A X 36C442 Department of Veterans Affairs Cheyenne VA Healthcare System 2360 E. Pershing Blvd Cheyenne WY 82001 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 On-Site Document Shredding and Media Destruction Services for the Cheyenne WY VA Medical Center, Fort Collins CO VA CBOC, Loveland CO VA CBOC, Northern Colorado VA CBOC IAW the

SOW.

Solicitation questions shall be sent via email to:

john.cheng2@va.gov by no later than 12:00pm MDT 3/3/2023.

All offers must be received by email to: john.cheng2@va.gov by no latter than 12:00pm MDT on 3/7/2023.

IAW FAR

52.219-14 the Limitations of Subcontracting Applies to WOSB set-aside applies to all items in this solicitation.

U.S. Department of Labor Wage Determination No.: 2015-5405 Rev 19 and 2015-5421 Rev 24 applies.

See CONTINUATION Page X X X 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 John Cheng, John.Cheng2@va.gov Department of Veterans Affairs 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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

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

B.2 STATEMENT OF WORK (SOW)

On-Site Document Shredding and Media Destruction Services for the Cheyenne WY VA Medical Center, Fort Collins CO VA CBOC, and Loveland CO VA CBOCs

1. Background/Dates of Service (Period of Performance). The Cheyenne VA Medical Center is requesting On Site Document Shredding and Media Destruction Services at the medical center in Cheyenne WY and Community Based Outpatient Clinics in Ft. Collins CO, Loveland CO, and Northern Colorado. Period of performance is below.

2. Scope.

A. Summary:

The Department of Veterans Affairs (VA) Cheyenne VA Medical Center requires a Firm Fixed Priced (FFP) contract for on-site shredding, destruction, and disposal services of all sensitive paper materials and media. The contractor and its employees shall be National Association for Information Destruction (NAID) certified, bonded and insured. The contractor shall provide all personnel, equipment, tools, materials, vehicles, and other items and services necessary to perform shredding services at the Cheyenne VA Medical Center to include the Community Based Outpatient Clinics (CBOC) located in Northern Colorado (Ft. Collins and Loveland). Destruction techniques may include but are not limited to shredding, pulverization, disintegration, purging, pulping an incineration in accordance with (IAW) federal, state, and local laws and ordinances of the State of Wyoming. The Contractor shall provide for bi-weekly (every 2-weeks) service (Fridays) and unscheduled services that may arise from time to time as directed by the Department of Veterans Affairs, Network Contracting Office 19, the Contracting Officer (CO) assigned to the contractor’s contract, or any other designated CO. Confidential materials shall be handled according to applicable local, state, and federal regulations. The contractor shall be a full-service shredding contractor who can demonstrate expertise and qualifications in confidential document destruction management.

1. Media Destruction includes floppies, tapes, DVDs, CDs, VHS, VIC cards, Printer ribbons, memory cards, super disks, 35mm film and x-rays.

B. Location of Services:

1. The Cheyenne facility has approximately 75,000 pounds of paper and media to be shredded annually which is equivalent to QTY: seventy-six (76) Standard Consoles 32-gallon, QTY: ten (10) 64-gallon Totes, QTY: two (2) small 32-gallon Totes shred onsite every two weeks.

Locations of secure consoles and totes are distributed throughout the Medical Center and the eight outlying buildings.

Address: Cheyenne VA Medical Center, 2630 E Pershing Blvd., Cheyenne, WY 82001

2. The CBOCs will require collection containers per site and pick-ups as listed below:

a. FORT COLLINS CO CBOC 2509 Research Blvd Fort Collins CO 80526. QTY: four (4) Standard consoles 32-gallon shred onsite every two weeks

b. LOVELAND CO 5200 Hahns Peak Drive, Loveland CO 80538. QTY: five (5)Standard Consoles 32-gallon, QTY: one (1) 32-gallon tote, QTY: two (2) 64-gallon totes shred onsite every two weeks.

c. NORTHERN COLORADO 4575 Byrd Drive Loveland CO 80538. QTY: twelve (12) Standard consoles 32-gallon, QTY: one (1) 95-gallon totes shred onsite every two weeks.

C. Coordination

1. Services shall be provided biweekly on Friday between the hours of 8:00 a.m. – 3:30 p.m. at the Cheyenne VAMC and at the CBOCs. If the regularly scheduled shredding day falls on a national holiday, the contractor can perform the service either the day prior to or the day after the holiday and shall inform the Medical Center Contracting Officer Representative (COR) of the revised shredding day.

2. The collection method should complement the Medical Center current process. The contractor shall provide the necessary locked collection containers (consoles & totes). Containers shall have a keyed lock to limit access. All containers shall utilize the same key lock and key code. If additional collection containers are required, they shall be provided by the contractor. The contractor shall supply the COR keys to all containers. The contractor shall supply the COR with extra keys upon request.

3. All contractor personnel must first report to the Office of Police to sign in and get a contractor badge which must be worn while on station. Personnel must return badge and sign out upon exiting station.

D. Specific Requirements:

1. All paper and media shall be shredded on site. Written approval from the Contracting Officer shall be required prior to any material that is not completely shredded shall be allowed to be transported off site.

2. All functions provided by the contractor shall meet the standards IAW VA Directive 6371, Destruction of Temporary Paper Records and follow the National Institute of Standards and Technology (NIST) Special Publication 800-88 (NISTSP 800-88) Guidelines for Media Sanitization.

3. Contractor shall provide a certificate of destruction directly after service to include date, signature, amount shredded and HIPAA disclaimer. All loads leaving the VA facilities must be secured and sealed before transportation. All VA material arriving at the contractor destruction facility must be shredded material.

4. All shredded material received at the contractors facility for further destruction shall be destroyed within 48 hours in accordance with NIST Records Management regulations.

5. All breaches of security will be reported to the VA immediately. Documentation of Chain of Custody of all materials removed from any VA campus is required.

6. A Certificate of Destruction shall be provided after each job. The contractor shall provide the certificate to the COR.

E. Media Sanitization and Disposal Compliance:

The Contractor documents/records shall show that the contractor sanitized information system media, both paper and digital, using approved equipment, techniques and procedures, prior to disposal or release for reuse and are consistent with current VA media sanitization procedures and NISTSP 800-88, Guidelines for Media Sanitization. The Contractor shall maintain records or documents that show that the media sanitization control responsibility has been assigned and specific actions taken to ensure the implementation of this control.

The Contractor documents/records shall show that they consistently apply media sanitization and disposal on an ongoing basis. Records cannot be sold advantageously or otherwise salvaged; the records may be destroyed by pulping or shredding or other suitable means following NISTSP 800-88 guidelines.

F. Media Transport Compliance:

All breaches of security will be reported to the VA immediately.

Documentation of Chain of Custody of all materials removed from any VA campus is required. The Contractor documents/records shall show that the unit restricts the pickup, receipt, transfer, and delivery of information system media (paper and electronic) to authorized personnel. The Contractor shall maintain a list of personnel that have been authorized for the pickup, receipt, transfer, and delivery of information system media to determine if access is appropriately restricted. The Contractor shall maintain records or documents that show that the media transport control responsibility has been assigned and specific actions taken, to ensure the implementation of this control. The VA requires that the Contractor control MODERATE and HIGH-impact information systems media (paper and electronic) and restricts the pickup, receipt, transfer, and delivery of such media to authorized personnel. When anomalies or problems are encountered by the Contractor in the implementation of the media transport control, these are documented, and the resulting information is used to improve the control.

G. Additional Requirements:

1. VA Handbook 6300.1 “Records Management Procedure” shall be applicable to all record/microfiche destruction. The procedure reads: “The authorized destruction of records that are classified or otherwise restricted from disclosure by statute, such as Privacy Act of 1974 or Title 38 USC, must be witnessed by a Federal employee or a contractor employee. If a contract is used to dispose restricted VA records, the facility Records Officer must authorize the use of a contractor or subcontractor employee to witness the destruction.

The contractor must provide documentation that the contractor employee is authorized to witness destruction of the record. Resale of VA records for use as records or documents is prohibited.

2. Confidentiality of Material Destruction: Contractor personnel shall maintain the confidentiality of the material to be destroyed. Any contractor personnel found to be reading any of the medical center materials shall be promptly removed from the government premises. The person/s involved shall not be allowed to return to the Medical Center for any future service requests.

1. VA Directive 6371, Destruction of Temporary Paper Records /See Appendix A

2. Privacy Act of 1974, 5 USC 552a

3. Federal Records Act, 44 USC Chapter 31

4. NSA/CSS 02-01, Evaluated Products List for High Security Crosscut Paper Shredders

5. NSA/CSS 02-02-M, Evaluated Products List for High Security Disintegrators

6. VA Directive 6300, Records and Information Management

7. Contractor Rules of Behavior / See Appendix C

8. VA Directive 6500, Information Security Program

9. VA Handbook 6500.1, Electronic Media Sanitization / See Appendix B

10. 36 CFR 1220.14 Subpart A, General Provisions, General Definitions

11. 36 CFR 1226.24, Destruction of Temporary Records (formerly 1228.58)

12. 44 USC 3302 § 1228.58 Destruction of Temporary Records

13. VA Directive and Handbook 0710, Personnel Suitability and Security Program

c. The Department of Veterans Affairs adheres to the Privacy Act of 1974 that was established to ensure that government agencies protect the privacy of individuals and businesses with regard to information held by them.

d. Contractor shall execute the terms of this contract in a manner that will safeguard the confidentiality of all Materials and information exposed to at any of the facilities.

e. Contractor shall perform all work in accordance with the guidelines of Federal, State and local ordinances. All safety practices prescribed by these agencies shall be followed. When applicable, Material Safety Data Sheets (MSDS) are required to be submitted to the COR.

B.4 SPECIAL CONTRACT REQUIREMENTS

A. WORK HOURS:

1. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on a Federal Holiday or during off duty hours as described below.

2. The following terms have the following meanings:

(a) Normal working hours: Monday through Friday, 8:00 a.m. – 3:30 p.m., excluding federal holidays.

(b) Federal Holidays: The holidays observed by the Federal Government are:

New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, Christmas. Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

B. While on VA Medical Center premises, contractor employees will wear a company uniform and a visible identification badge which contains a photograph of the employee. All contractor vehicles and collection bins will be clearly identified with the company’s name.

C. Audits will be conducted on a regular basis by the Medical Centers Informational Security Officer and Privacy Officer. Upon request they will have access to contractors training records, operation process, storage, transportation and destruction documents, policies and procedures.

D. Personnel Screening Compliance:

1. The Contractor’s records/documents must show that they appropriately screen individuals requiring access to the Medical Center’s information and information systems prior to authorizing access.

2. The Contractor must maintain records or documents that show that the personnel screening control responsibility has been assigned and specific actions taken to ensure the implementation of this control.

3. The Contractor documents/records must show that they consistently conduct personnel screening for positions within their working unit on an ongoing basis.

4. When anomalies or problems are encountered by the Contractor in the implementation of the personnel screening control, these are documented and the resulting information is used to improve the control.

5. VA requires that all personnel be subject to an appropriate background screening prior to permitting permanent access to VA information and information systems, in accordance with requirements contained in VA Directive and Handbook 0710, Personnel Suitability and Security Program, and VA Directive 0735, Personal identity Verification (PIV) of Federal Employees and Contractors.

E. BACKGROUND INVESTIGATIONS

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Low Risk, National Agency Check with Written Inquiries (NACI). The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

F. GEMS:

The Cheyenne VA Medical Center has a Green Environmental Management System (GEMS). The Medical Center is committed to protecting and improving the environment.

Our goals are:

- Taking a leadership role in environmental stewardship by providing a clean and safe environment in our community

- Conserving natural resources and supporting their sustainability by upgrading our environmental systems

- Reducing the use of hazardous products and the generation of wastes

- Purchasing renewable, reusable, recyclable and recycled products

- Working to constantly improve the immediate and long-term environmental impacts of the products, services and processes used by the Cheyenne VA Medical Center. The Medical Center Contractor must follow the spirit of GEMS and recycle all applicable material. The Contractor will follow the GEMS guidelines provided by the Medical Center GEMS coordinator.

G. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

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. 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. 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.

c. 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.

d. 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.

e. 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.

f. 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.

4. 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.

5. 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 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.

H. QUALITY CONTROL

The Contractor shall develop a Quality Assurance Surveillance Plan (QASP) which will provide the Contractor’s strategy for monitoring performance internally, providing performance information to the Government, and reporting in compliance with the PWS. Within the QASP, the Contractor shall propose and maintain an established reporting system to promptly notify VA of any problems, issues, risks, or concerns with workflow performance, programmatic improvement, security, and schedule adherence. Quality control is the exclusive responsibility of the Contractor. The work performed under this contract shall be subject to evaluation by the COR/CO via the Quality Assurance Surveillance Plan (QASP) located in Section D.

(End of the Statement of Work)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

On-site bi-weekly (every 2-weeks) shredding services for Cheyenne WY VA Medical Center facility, QTY: 76, standard consoles 32-gallon; QTY: 2, small 32-gallon totes; QTY:10, 64-gallon totes IAW the SOW.

Contract Period: Base POP Begin: 03-10-2023 POP End: 03-09-2024 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

On-site bi-weekly (every 2-weeks) shredding services for the Ft Collins CO VA CBOC for QTY: 4 standard consoles 32-gallon IAW the SOW .

POP Begin: 03-10-2023 POP End: 03-09-2024

On-site bi-weekly (every 2-weeks) shredding services for Loveland CO CBOC for QTY: 5 standard consoles 32-gallon; QTY: 1, 32-gallon small tote; QTY: 2, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2023 POP End: 03-09-2024

On-site bi-weekly (every 2-weeks) Shredding services for the Northern Colorado Clinic for QTY: 12 standard consoles 32-gallon; QTY 1, 95-gallon tote IAW the SOW.

POP Begin: 03-10-2023 POP End: 03-09-2024

Base Year Total $_______________

On-site bi-weekly (every 2-weeks) shredding services for Cheyenne WY VA Medical Center facility, QTY: 76, standard consoles 32-gallon; QTY: 2, small 32-gallon totes; QTY:10, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2024 POP End: 03-09-2025

On-site bi-weekly (every 2-weeks) shredding services for the Ft Collins CO VA CBOC for QTY: 4 standard consoles 32-gallon IAW the SOW .

POP Begin: 03-10-2024 POP End: 03-09-2025

On-site bi-weekly (every 2-weeks) shredding services for Loveland CO CBOC for QTY: 5 standard consoles 32-gallon; QTY: 1, 32-gallon small tote; QTY: 2, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2024 POP End: 03-09-2025

On-site bi-weekly (every 2-weeks) Shredding services for the Northern Colorado Clinic for QTY: 12 standard consoles 32-gallon; QTY 1, 95-gallon tote IAW the SOW.

POP Begin: 03-10-2024 POP End: 03-09-2025

Option Year 1 Total $_______________

On-site bi-weekly (every 2-weeks) shredding services for Cheyenne WY VA Medical Center facility, QTY: 76, standard consoles 32-gallon; QTY: 2, small 32-gallon totes; QTY:10, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2025 POP End: 03-09-2026

On-site bi-weekly (every 2-weeks) shredding services for the Ft Collins CO VA CBOC for QTY: 4 standard consoles 32-gallon IAW the SOW .

POP Begin: 03-10-2025 POP End: 03-09-2026

On-site bi-weekly (every 2-weeks) shredding services for Loveland CO CBOC for QTY: 5 standard consoles 32-gallon; QTY: 1, 32-gallon small tote; QTY: 2, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2025 POP End: 03-09-2026

On-site bi-weekly (every 2-weeks) Shredding services for the Northern Colorado Clinic for QTY: 12 standard consoles 32-gallon; QTY 1, 95-gallon tote IAW the SOW.

POP Begin: 03-10-2025 POP End: 03-09-2026

Option Year 2 Total $_______________

On-site bi-weekly (every 2-weeks) shredding services for Cheyenne WY VA Medical Center facility, QTY: 76, standard consoles 32-gallon; QTY: 2, small 32-gallon totes; QTY:10, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2026 POP End: 03-09-2027

On-site bi-weekly (every 2-weeks) shredding services for the Ft Collins CO VA CBOC for QTY: 4 standard consoles 32-gallon IAW the SOW .

POP Begin: 03-10-2026 POP End: 03-09-2027

On-site bi-weekly (every 2-weeks) shredding services for Loveland CO CBOC for QTY: 5 standard consoles 32-gallon; QTY: 1, 32-gallon small tote; QTY: 2, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2026 POP End: 03-09-2027

On-site bi-weekly (every 2-weeks) Shredding services for the Northern Colorado Clinic for QTY: 12 standard consoles 32-gallon; QTY 1, 95-gallon tote IAW the SOW.

POP Begin: 03-10-2026 POP End: 03-09-2027

Option Year 3 Total $_______________

On-site bi-weekly (every 2-weeks) shredding services for Cheyenne WY VA Medical Center facility, QTY: 76, standard consoles 32-gallon; QTY: 2, small 32-gallon totes; QTY:10, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2027 POP End: 03-09-2028

On-site bi-weekly (every 2-weeks) shredding services for the Ft Collins CO VA CBOC for QTY: 4 standard consoles 32-gallon IAW the SOW .

POP Begin: 03-10-2027 POP End: 03-09-2028

On-site bi-weekly (every 2-weeks) shredding services for Loveland CO CBOC for QTY: 5 standard consoles 32-gallon; QTY: 1, 32-gallon small tote; QTY: 2, 64-gallon totes IAW the SOW.

POP Begin: 03-10-2027 POP End: 03-09-2028

On-site bi-weekly (every 2-weeks) Shredding services for the Northern Colorado Clinic for QTY: 12 standard consoles 32-gallon; QTY 1, 95-gallon tote IAW the SOW.

POP Begin: 03-10-2027 POP End: 03-09-2028

Option Year 4 Total $_______________

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and…