VBA RFQ 36C10E22Q0074_ Onsite Shredding Services Buffalo NY.pdf

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. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

VA

F36B307-22-0000010

36C10E22Q0074 04-07-2022

Raymond S. Tracey 716-218-6579 04-22-2022

15:00 EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006

X 100

X

561990

$12 Million

N/A

X

00101

Department of Veterans Affairs Veterans Benefits Administration Support Services Division 130 South Elmwood Avenue, Ste 605 Buffalo NY 14202

00101

Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006

All invoices must be processed through the TUNGSTEN Network (see instructions enclosed)

See CONTINUATION Page

Contractor shall provide shredding services to the Buffalo NY, Support Services Division pursuant to the terms and conditions contained herein.

See instructions to Offerors

$0.00 See CONTINUATION Page

X X x 1

36C10E22Q0074

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...27

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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 36C10E Raymond S. Tracey

Department of Veterans Affairs, Veterans Benefits Administration, Acquisition Division, 1800 G. Street N.W., Washington DC 20006

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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.

All invoices must be processed through the TUNGSTEN Network, (see instructions enclosed)

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

AMENDMENT NO DATE

Rev 03/29/2022

STATEMENT OF WORK

DEPARTMNT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMISNITARTION

BUFFALO NY

ON-SITE CONFIDENTIAL DOCUMENT DESTRUCTION

SHREDDING SERVICES

1. Title of Project: On-site confidential document destruction shredding services.

2. Background: The Department of Veterans Affairs, Support Services Division, Suite 605, 130 South Elmwood Avenue, Buffalo New York, 14202-2478 has a requirement for shredding and destruction on-site of confidential/sensitive document/materials shredding services.

3. Scope of Work: The contractor shall provide all necessary labor, supervision, management, transportation, facility and equipment for on-site confidential document shredding services.

a) Contractor guarantees information/material will be secure from point of generation to point of completion of on-site shredding. No other method is authorized.

b) The contractor shall be required to make pick-ups as required of bins of materials for destruction on a monthly basis/day (s) agreed upon by the Records Management Officer or Privacy Officer and the Contractor. The contractor will provide the cost of extra pick-ups, if needed. The Records Management Officer will escort and maintain a designated secured location for the contractor provided bins to be placed and serviced. Bins shall be provided as part of contract.

c) Contractor must be able to destroy materials regularly placed in bins of the following mixed type:

• Assorted papers of color

• Carbon paper, carbon film

• Paper clips, staples, metal binder clips, binding left on disposed paper

• Diskettes and CDs

d) On site shredding is the preferred option for the Buffalo VARO (307) current location.

The contractor must certify in writing their process meets VBA standards for disposal. The RMO must physically observe and certify the on-site shredding.

Contractor will allow for on‐site vehicle inspection of shredded items for compliance of VA Policy. The Contractor will allow for unannounced inspection, by a VA representative, of the contractor facilities or other locations that are used by the contractor and/or subcontractor(s)/third party(ies) for completing the services requested at least annually if requested.

e) Records disposal certification both on- and off-site must be kept on file for 12 months.

4. Contractor (Owned) Provided Supplies/Equipment: The Contractor shall provide the Department of Veterans Affairs, Support Services Division, Suite 605, 130 South Elmwood Avenue, Buffalo New York 14202-2478, with 8, 95-gallon bins (or the equivalent if other sized bins are provided). Total estimated volume is 58 bins per year during the COVID 19 PANDEMIC. All bins shall be furnished for use by the Government at no cost. Any additional bins required will be furnished within two (2) weeks of request. The secured location for the bins will serve as the origination point for collection of the sensitive material designated for destruction. Bins shall meet the following specifications:

a) Bins shall accommodate 64-95 gallons or 220-340 pounds of material full

b) Bins shall be locked with a key provided by the contractor

c) Bins shall be easily mobile (have wheels)

d) Bins shall be plastic in nature

e) Servicing shall be on a biweekly basis. Unscheduled pickups shall be coordinated with the station POC and contractor representative for scheduling.

f) A modification will be issued for any unscheduled/additional pickups requested by the station point of contact. Contractor quote shall reflect a cost for unscheduled pickups and shall not be calculated into the cost for the base year or option years if exercised. A modification will be issued to fund and pay for any unscheduled pickups by the station POC or Contracting Officer.

5. Definitions/Acronyms:

a) Contracting Officer (CO) – The person with the authority to enter into, administer, and or/terminate contracts, and make related determinations and findings, including changes within the original contract scope, on behalf of the department of Veterans Affairs.

b) Contracting Officer’s Representative (COR) – Any person designated in writing by the CO to act for the CO within the limits of the delegated authority. Under this contract, the

COR is the technical person who shall render advice and assistance to the Contractor.

The COR shall also be responsible for certifying that services performed have been satisfactory in accordance with the contract terms.

c) Health Insurance Portability and Accountability Act of 1996 (HIPAA). Public Law 104-191 § 264, 110 Stat. 1936 (2003)

d) Contract - Contract means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; interagency agreements (Economy Act or otherwise); job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31U.S.C. 6301, et. seq.

e) Information Security (defined by FISMA, section 3542(b)(1)(A-C) - Protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide: (i) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; (ii) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (iii) availability, which means ensuring timely and reliable access to and use of information.

f) Information Security Officer (ISO) - Individual responsible to the senior agency information security officer, authorizing official, or information system owner for ensuring the appropriate operational security posture is maintained for an information system or program.

g) Privacy Officer - Employee(s) designated to implement and monitor compliance with privacy related laws, regulations, and VA policies at the facility.

h) Records Management Officer – Responsible for collection, securing documents, materials designated for destruction. Escort contractor from loading dock to secure area where bins are located and escort contractor back to loading dock and obtain receipt of secure load.

i) Contractor Rules of Behavior - A set of Department rules that describes the responsibilities and expected behavior of personnel with regard to access to and use of VA information assets and resources.

j) Security Requirements - Types and levels of protection necessary for equipment, data, information, applications, and facilities to meet laws, Executive Orders, directives, policies, or regulations.

k) Sensitive Personal Information (SPI) - SPI is any information about an individual that can reasonably be used to identify that individual that is maintained by VA, including but not limited to, education, financial transactions, medical history, and criminal or employment history and information which can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, telephone number, driver’s license number, credit card number, photograph, finger prints, biometric records, etc., including any other personal information linked or linkable to an individual.

l) VA Sensitive Information - All Department data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following:

individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

6. Compliance with the Law: The Contractor is responsible for obtaining all necessary permits. License, and necessary documentation to be in compliance with all federal, State and local laws, regulations, and ordinances applicable to this contract. Contractor /employees must comply with HIPAA regulation, Public Law 104-191; insuring the integrity and confidentiality of the information and protect against any reasonably anticipated threats or hazards to the security or integrity of the information and protect against any reasonably anticipated threats or hazards to the security or integrity of the information and unauthorized uses or disclosures of the information.

7. Security Requirements: The RMO will ensure compliance in accordance with VA Handbook 6500, Information security program. The handbook provides the security requirements and policy for the Veteran Administration. The contractor shall complete Appendix D of the attached VA handbook and submit with proposal.

All contractor employees who require access to the Department of Veteran Affairs data shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the action of those individuals they provide to perform work for the VA.

Position Sensitivity- The position sensitivity has been designated as Low Risk.

Background Investigation – The level of background investigation commensurate with the required level of access is, Minimum background Investigation.

C&A requirements do not apply and a Security Accreditation Package is not required.

8. Contractor Responsibilities:

a) If employees are not located in Security and Investigation Center database then the contractor will be required to:

1. Bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel management (OPM), the contractor shall reimburse VA within 30 days.

2. Prescreen all personnel requiring access to the Government data to ensure they maintain a U.S. Citizenship and are able to read, write, speak and understand English.

3. Submit or have their employees submit the any required forms to the VA office of

Security and Law Enforcement within 30 days of receipt.

4. The contractor when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

b) The contractor will shred paper documents and media in accordance with VA

Directive 6371, Destruction of Temporary Records (See Attachment).

c) The contractor’s owned and operated equipment will comply with industry standards for cross-cut or double-cut shredding. The final product, if not recycled, will be disposed of by pulping, macerating, shredding, burning, or otherwise definitively destroying the information contained in the material. Interim shred will be of such size as to not be easily reconstructable or readable prior to leaving the VBA facility.

d) Provide a Certificate of Destruction that attests to the completion of the destruction process after the final destruction, as defined by VA policy, of VA temporary records.

Certification documentation can be in the form of a letter, memo, or any format attesting to its complete destruction. This certification is not considered a valid certification of destruction if completed and submitted prior to the final destruction of the records. The certification must contain sufficient information to attest to the final destruction of the temporary paper records – what temporary records were destroyed, the date and amount destroyed (ex: 8 64-gallon bins), what destruction method was used, where they were destroyed, who was responsible for their final destruction and signature, and must read FINAL DESTRUCTION.

Final destruction is the process through which temporary paper records are pulped, macerated, shredded or otherwise destroyed to a degree that definitively ensures they are not readable or reconstructable 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 a 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 (e.g., more than 30 days) must be approved in advance and in writing by the VA organization that generated the temporary paper records.

Interim Destruction: The contractor will, at a minimum, perform on-site interim destruction of the VA shred material it picks up at the Regional Office. Interim destruction is any physical destruction process that substantially reduces the risk that PII, PHI, or other VA sensitive information will be disclosed during transport and short-term storage (i.e., less than 30 days) of temporary paper records but does not meet the requirement of final destruction as defined in VA Directive 6371. Interim destruction is a reasonable physical safeguard that affords an additional layer of security for temporary paper records once they are identified for destruction. It is generally accomplished through maceration, chopping, pulverization, or shredding where these processes do not render the material unreadable or where the material could be reconstructed.

Interim destruction must be completed prior to the contractor departing the Regional Office and carried out by either:

a. A National Association for Information Destruction (NAID) certified, bonded, and insured contractor (and its subcontractors or third parties) for paper/printed media destruction who has contracted to provide sufficient reasonable safeguards to protect the temporary paper records until final destruction has been completed; or

b. A non-NAID-certified contractor (and its subcontractors or third parties) who can satisfy the standards outlined in VA Directive 6371, Appendix A.

Methods of interim destruction carried out by an information destruction contractor must be witnessed by a VA employee or, if authorized by the VA organization that created the temporary paper records, a contractor (or subcontractor or third party) employee may act as witness. If a contractor (or subcontractor or third party) employee is the witness, then that individual must, prior to departing the VA location, provide the designated VA representative with documentation that acknowledges receipt of the temporary paper records and a certificate of completion of interim destruction.

Although lesser destruction measures (e.g., interim destruction) may be taken prior to the secure transport of temporary paper records, final destruction of the records must ensure the information on the temporary paper record is not readable or reconstructable to any degree. If final destruction is not carried out by VA employees, then the final destruction must be witnessed by a VA employee or, if authorized by the VA organization that created the temporary paper records, a contractor (or subcontractor or third party) employee may serve as witness. If final destruction is not carried out by VA employees, it must be carried out by either:

a. A NAID certified, bonded, and insured contractor (and its subcontractors or third parties) for paper/printed media destruction; or

b. A non-NAID-certified contractor (and its subcontractors or third parties) who can satisfy the standards outlined in VA Directive 6371, Appendix A.

If the final destruction is witnessed by a contractor (or subcontractor or third party), then the contractor must submit a valid Certificate of Final Destruction to the VA organization that created the temporary paper records.

If one or more subcontractors (or third parties) handle VA temporary paper records before final destruction, then the contractor will require documentation in any and all subsequent contracts or agreements between the primary information destruction contractor and their subcontractors or third parties that the subcontractors or third parties will provide sufficient reasonable safeguards for the temporary paper records, to the same standards required of the primary contractor, throughout the destruction process.

The assigned Records Manager for the VA organization that created the temporary paper records must review all contracts related to the destruction of temporary paper records to ensure the requirements of VA Directive 6371 are satisfied.

Readable: Printed data is readable when strategies can be used to assist with decoding (the translation of letters into sounds and/or visual representations of speech) data and arriving at comprehension through the use of morpheme, semantics, syntax, and contextual clues to integrate the information they have read into their existing framework of knowledge in order to arrive at a meaning.

Reconstructable: Printed data is reconstructable when methods can be employed to reassemble the various portions of material in such a fashion that data can be decoded as to make it readable so that meaning can be derived from the data found on the media.

9. Government Responsibilities:

a) RO SSD will follow current guidance in obtaining security clearances for contractor personnel.

b) RO SSD Point of Contact shall process or coordinate background checks (when required).

c) Contractor employee that are not listed in SIC database will then require the contractor to submit appropriate forms on employee.

d) Contractor is responsible for any cost associated with the background investigation.

10. Identification (Of Employees)/Smoking/VA Regulations: Contractor employees shall wear company identifiable clothing, i.e. uniform/company shirt that are clean and maintained in good repair. Contractor shall provide a list of all employees that will be working on subject contract. Contract employee shall gain entrance through the loading dock and will be escorted by a VA employee or security to specific location of bins/totters designated for pickup. Smoking is prohibited in the building, there are designated smoking areas outside of the building.

11. Safety Requirements: While in the performance of the contract, the Contractor shall comply with building safety and security requirements for entry and egress as posted or instructed by the facility manager, the Contracting Officer or his/her designee. The contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA) and adhere to VAAR 852.237‐70 Contractor responsibilities.

12. Proof of Destruction of Documents:

a) The contractor shall be required to make pick-ups of bins of materials for destruction on a monthly basis/day (s) agreed upon by the Records Management Officer or Privacy Officer and the Contractor. Contractor shall arrive between 8:00am and 11:00am on the agreed upon day. The contractor shall coordinate with the Records Management Officer or Privacy Officer the week prior to arrival via email. Currently, the preferred day of the week for pick-up of the bins is Wednesday.

b) Contractor is escorted to Room 616 where locked bins are located. Room 616 is also locked. The contractor is also escorted to the loading dock on the 1st floor by the RMO.

c) The RMO observes the filled bins being loaded onto the contractor’s truck and observes as the contents are shredded.

d) The RMO then electronically signs that the bins have been picked up and is then given a paper receipt from the contractor for the number of bins that have been serviced. The paper receipt is then turned into the mailroom supervisor.

e) The contractor will provide the RMO/Alternate RMO/RMT on the same day that shredding service is provided, and prior to leaving VA premises, a written “Certificate of Destruction” in accordance with VA Directive 6371, Destruction of Temporary Records (See Attachment). The contractor will provide a Certificate of Destruction that attests to the completion of the destruction process after the final destruction, as defined by VA policy, of VA temporary records. Certification documentation can be in the form of a letter, memo, or any format attesting to its complete destruction. This certification is not considered a valid certification of destruction if completed and submitted prior to the final destruction of the records. The certification must contain sufficient information to attest to the final destruction of the temporary paper records – what temporary records were destroyed, the date and amount destroyed (ex: 8 64-gallon bins), what destruction method was used, where they were destroyed, who was responsible for their final destruction and signature, and must read FINAL DESTRUCTION.

If “Final Destruction” is not completed on VA grounds at the time of shredding service, the contractor will provide a “Certificate of Destruction” on the same day that shredding service is provided and prior to leaving VA premises, indicating “interim” destruction has been completed; and the contractor will provide the RMO/Alternate RMO, within 30 days of “Final Destruction,” a written “Certificate of Final Destruction.” The Certificate of Final Destruction will, at a minimum, contain the following:

•Pickup/delivery location •Pickup/delivery dates •Method of transportation •Site of final destruction, i.e., name of subcontractor/third-party •Date of final destruction •Amount destroyed, i.e., 15 bales of shredded material •Name of contractor or subcontractor employee who witnessed and/or can attest to final destruction •Method of final destruction (bleached, pulped, macerated, shredded, burned, etc.)

•Certification by the contractor and/or subcontractor/third-party that the material has been “destroyed” to a degree that definitively ensures the material in its final state is not readable or reconstructable to any degree {VA Directive 6371} •Any other information as determined necessary by the CO or RMO/Alternate RMO.

The contractor will maintain proper records concerning each Certificate of Destruction.

13. Security Requirements for Unclassified Information Technology Resources:

SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY

RESOURCES (Interim - OCT 2008)

a) The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

https://web.nvd.nist.gov/view/ncp/repository

b) To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy Requirements for IT Contracts” located at the following Web site: http://www.oit.va.gov https://web.nvd.nist.gov/view/ncp/repository http://www.oit.va.gov/

c) Records Management Obligations:

1. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

2. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

a) includes [Agency] records.

b) does not include personal materials.

c) applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

d) may include deliverables and documentation associated with deliverables.

3. Requirements

a) Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b) In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c) In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d) [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with

36 CFR 1230.

e) The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

f) The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

g) The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

h) The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

i) The 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 from public disclosure by an exemption to the Freedom of Information Act.

j) The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

k) Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

4. Flow down of requirements to subcontractors

a) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

b) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

d) Technical References:

• VA Directive 0710, Personnel Suitability, and Security Program

• VA Handbook 0710, Personal Security and Suitability Program

• VA Directive 6500, Information Security Program

• VA Handbook 6500.6, Contract Security

• VA Handbook 6500.6, Appendix A, Checklist

• VA Directive 6371, Destruction of Temporary Paper Records

• VA Directive 6371, Appendix A,

• VA Handbook 6300.1, Records Management Procedures

• VA Letter 20-21-04, Records, and Information Management

• 5 U.S.C. §552a, Privacy Act

• 44 U.S.C. 3301, Definition of Records

14. Performance Period: The base year Period of Performance will be 12 months with two (2) twelve (12) month option years. Work at the government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

15. Type of Contract: Firm-Fixed-Price.

16. Changes to the Statement of Work (SOW): Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

17. Billing / Invoices: Invoices shall be paid monthly, 30 -days in arrears. The contractor must provide an invoice submitted via TUNGSTEN (www.tungsten-network.com/veteransaffairs, Tungsten Network Support at +1 (877) 489 6135) that will include:

a) Contract Number

b) Company Name and Address

c) Invoice Date

d) Invoice Number (Note: Each invoice must have a different Invoice Number)

e) Description of items/services provided as well as referencing the appropriate Contract Line Item Number (CLIN). This way the proper CLIN can be billed for the Invoice.

f) Terms for any discount for prompt payment

g) Name, title and phone number of company point of contact to notify in case of a defective invoice

18. Holidays: Work at the government site shall not take place on Federal holidays or weekends. There is ten (10) Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date:

New Year's Day January 1

Juneteenth Holiday June 19

Independence Day July 4

Veterans Day November 11

Christmas Day December 25

If any of the above falls on a Saturday, then Friday shall be observed as a holiday.

Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday. The other six are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January http://www.tungsten-network.com/veteransaffairs http://www.tungsten-network.com/veteransaffairs

Washington's Birthday Third Monday in February

Memorial Day Last Monday in May

Labor Day First Monday in September

Columbus Day Second Monday in October

19. Government Points of Contact:

a) Sophia Woronowicz - Buffalo VARO RMO - 716-857-3374, sophia.woronowicz@va.gov

b) Joseph McGowan – Buffalo VARO Finance Supervisor – jospeh.mcgowan@va.gov, with cc for email communications to

c) Kathryn Chatmon – Buffalo VARO Support Services Supervisor, kathryn.chatmon@va.gov

d) Raymond Tracey - Contracting Officer, Acquisition Division, raymond.tracey@va.gov, 716-218-6579

e) Monica Benz – Buffalo VARO Support Services Division Chief – 716-857-3015, monica.benz@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00

SV

BASE YEAR ON-SITE SHREDDING: Lockable, 95 GL. bi-weekly. 8 bins X 26 weeks = 208 containers). COST PER BIN $ ______ Cost for unscheduled pickup $_______ Billing will be based on actual number of bins serviced.

Contract Period: Base POP Begin: 05-01-2022 POP End: 04-30-2023 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

OPTION YEAR ONE (1) Lockable, 95 GL. bi-weekly. 8 bins X 26 weeks = 208 containers). COST PER BIN $ ______ Cost for mailto:sophia.woronowicz@va.gov mailto:jospeh.mcgowan@va.gov mailto:kathryn.chatmon@va.gov mailto:raymond.tracey@va.gov mailto:monica.benz@va.gov unscheduled pickup $_______ Billing will be based on actual number of bins serviced.

Contract Period: Option 1 POP Begin: 05-01-2023 POP End: 04-30-2024 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

OPTION YEAR TWO (2) ON-SITE SHREDDING: Lockable, 95 GL.

bi-weekly. 8 bins X 26 weeks = 208 containers). COST PER BIN $ ______ Cost for unscheduled pickup $_______ Billing will be based on actual number of bins serviced.

Contract Period: Option 2 POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

OPTION YEAR THREE (3) ON-SITE SHREDDING: Lockable, 95 GL. bi-weekly. 8 bins X 26 weeks = 208 containers). COST PER BIN $ ______ Cost for unscheduled pickup $_______ Billing will be based on actual number of bins serviced.

Contract Period: Option 3 POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

OPTION YEAR FOUR (4) ON-SITE SHREDDING: Lockable, 95 GL.

bi-weekly. 8 bins X 26 weeks = 208 containers). COST PER BIN $ ______ Cost for unscheduled pickup $_______ Billing will be based on actual number of bins serviced.

Contract Period: Option 4 POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 561990 - All Other Support Services

GRAND TOTAL

All Years Base plus four (4) one year options

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veteran Affairs Regional Office Support Services Division 130 South Elmwood Avenue Buffalo, NY 14202 2465

USA

MARK

FOR:

Sophia Woronowicz 716-857-3374 sophia.woronowicz@va.gov

1001 SHIP TO: Department of Veteran Affairs Regional Office Support Services Division 130 South Elmwood Avenue

Sophia Woronowicz

2001 SHIP TO: Department of Veteran Affairs

Support Services Division 130 South Elmwood Avenue

Sophia Woronowicz sophia.woronowicz@va.gov

3001 SHIP TO: Department of Veteran Affairs Regional Office Support Services Division 130 South Elmwood Avenue

Sophia Woronowicz

4001 SHIP TO: Department of Veteran Affairs

Support Services Division 130 South Elmwood Avenue

Sophia Woronowicz

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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…