W912ES21Q00880001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The reason for this amendment is to answ er questions from industry.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 11-Aug-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912ES21Q0088

X 9B. DATED (SEE ITEM 11)

04-Aug-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Aug-2021

CODE

CONTRACTING DIVISION

USACE - ST PAUL

180 FIFTH STREET EAST

SUITE 700

SAINT PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES21Q0088

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

QUESTIONS FROM INDUSTRY

1. Will the Government please provide the current contract number providing these contemplated services?

Will the Government please provide the current pricing under the current contract serving these contemplated services for Base and Option years?

a. Contract W912ES20P0011 was awarded to Minnesota Data Destruction LLC for $3,600 and ran from 01 Feb 2020 -31 Jan 2021.

2. Can you advise why the last contractor (Veteran Shredding?) was terminated or not renewed?

a. Veteran Shredding was not the last contractor. See answer to question 1 for contractor information.

3. Why is the last contract (Solicitation W912ES19T0047) up for renewal so quickly? This will help potential bidders better understand the contract requirements.

a. Contract duration was predicated on the Government moving to a new location, this proposed contract will provide services until relocation.

4. Is the quantity in pounds noted on the solicitation variable or fixed?

a. The pounds are 300 lbs per full bin * 16 bins * 30 pick-ups = 144000 Fixed

5. The solicitation notes specifically 144,000 lbs. Is 144,000 lbs. the minimum a contractor could expect or the maximum anticipated?

a. Maximum

6. Can you please describe the process, standards, and expectations regarding weighing the containers?

How was this done in the past? E.g., were the containers weighed prior to loading the contractor's truck?

a. Refer to revised scope section 5(a). Contractor shall weigh each bin prior to shredding the contents and provide an interim invoice to the Government representative.

7. Is the contract for one year only, or is there an option for additional years (usually four years)?

a. No

8. What standard of shredding is expected for the initial shredding? P2, P3/P4, P5?

a. Security Level P6

9. Can you please describe the pick-up location for bins for the USACE building in St Paul? Can the load area support a large truck (what size truck - 18-wheeler?)

a. 180 5th Street East has an off-street external dock area that can fit an 18-wheeler.

10. Will St Paul street parking be required or is there a large dock area? Are there noise restrictions in place in downtown St Paul (shredding can be very loud)?

a. No

11. Is the loading dock area equipped with 110V outlets, or will the truck be required to run on an engine to operate the shredders for initial shredding?

a. No outlets are available, vehicles will have to use internal power.

12. If truck engine is required to run the initial shredding, is the dock area enclosed or is there sufficient ventilation to safely operate shredding machinery requiring power?

a. The dock is not enclosed, it is in a well-ventilated area between buildings

13. If the St Paul loading/docking area is insufficient to conduct loud and labor intense initial shredding of documents, can the full bins be securely transported directly to our warehouse for shredding? We can provide video monitoring of the shred process at our facility along with certification of destruction.

a. See 5(a) in the SOW.

14. Many recycling facilities do not accept shredded paper for recycling. Is recycling of USACE shredded material a hard requirement? Are there other know alternatives to recycling the material?

a. Yes, the shredded paper needs to be recycled.

15. We no longer have per pound pricing but only charge per container. Would this not qualify us to give you a quote?

a. This does not disqualify you from submitting a quote, you may submit your quotation in accordance with FAR 52.204-22 “Alternative Line-Item Proposal.”

16. Is there any need for a site visit?

a. Individual site visits can be arranged by contacting in writing Jeffery.J.Becker@usace.army.mil and CC on the email Theodore.r.Hecht@usace.army.mil

17. Will the Government please provide the current contract number providing these contemplated services?

Will the Government please provide the current pricing under the current contract serving these contemplated services for Base and Option years?

a. Contract W912ES20P0011 was awarded for $3,600 and ran from 01 Feb 2020 -31 Jan 2021. The contract was $.05 per pound.

18. What is the contract performance period?

a. 1 Sept 2021 to 21 April 2022

19. Can you explain the substantial increase in expected paper (number of bins and tonnage) compared to the previous solicitation?

a. The district office is moving and must purge a lot of paperwork before the move.

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

The following have been modified:

SCOPE OF WORK

STATEMENT OF WORK

DOCUMENT DESTRUCTION SERVICES

United States Army Corps of Engineers (USACE), St. Paul District

1. DESCRIPTION OF SERVICE.

The purpose of this service contract is to ensure documents with Personally Identifiable Information (PII) and/or other information considered to be sensitive are properly handled, stored and destroyed in accordance with AAA National Association for Information Destruction (NAID) standards and Department of Defense/USACE requirements (destroy paper using shredders which produce particles that are 1/32 inch by ½ inch crosscut). Contractor shall furnish all labor, parts, materials, supplies, supervision, equipment, transportation, lockable containers and any other resources necessary to perform Document Destruction Services and removal of confidential material generated at the USACE District Headquarters, 180 5th Street East, St. Paul, MN 55101. Contractor issued padlocks will be placed on all containers at the facility. All padlocks will be keyed to the same key and a key will be furnished to USACE designated staff members.

2. DEFINITIONS.

a. Personally Identifiable Information (PII) – Information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc. alone, or when aggregated with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc.

b. Sensitive Information – Privileged or proprietary information which, if compromised through alteration, corruption, loss, misuse, or unauthorized disclosure, could cause serious harm to an organization or individual

c. Certificate of Destruction – written documentation attesting to the completion of the destruction process.

Issued only after the final destruction is complete.

d. Contracting Officer’s Representative (COR) – individual designated to provide oversight of the day-to-day execution of the contract. This individual is responsible for ensuring contractor compliance and for measuring contractor performance.

e. Initial destruction - refers to the first destruction of materials by macerating, chopping, pulverizing, or shredding of these records to a degree that does not definitively ensure that they are not readable or reconstructable to any degree, but does ensure that they are not read or reconstructable without extraordinary effort. This destruction is a preliminary step that will allow for secure transport of records until such time of their final destruction.

f. Final destruction –refers to the definitive destruction of materials through pulping, macerating, or shredding thereby rendering them not readable or reconstructable to any degree.

3. SERVICE SCHEDULE.

a. Contractor is expected to perform shredding services with up to 30 pick-ups during the contract’s performance period. During the period of performance, the pickups will be scheduled by USACE personnel by calling ahead of time with 48-72 hr. advanced notice when the bins are full. The exact location of the shredding services will be negotiated locally.

b. Normal Work Hours: 8:00 a.m. to 3:30pm, Monday-Friday (excluding federal holidays). Contractor is required to perform shredding/pick-up during on days listed above. Any changes to the schedule shall be approved in advance of the contractor visiting the facilities.

4. COLLECTION CONTAINERS.

a. The Contractor shall provide locking storage containers for paper which may contain sensitive information.

Containers will be located throughout the facility at designated sites. Initial assessment indicates the need for sixteen (16) 94-gallon sized containers. The COR designates bin locations and provides the contractor with a list of those locations. A key to these containers will be maintained by designated USACE staff. The containers will have a slot on the top or side for documents and a locking door. Containers will be conspicuous with clear markings indicating it as a “shred container”. Physical placement of containers is reviewed and approved by the designated USACE COR.

b. Estimates indicate approximately 4200 lbs. of paper requires destruction for each pickup (16 full bins).

5. REQUIRED PROCEDURES.

a. USACE employees deposits the materials in the lockable storage containers for shredding. The contractor arrives on-site and collects the containers and transports the containers to the designated location for the initial on-site shredding/weighing (contractor is responsible for providing weight measuring eequipment).

b. Initial destruction. As defined in paragraph 2, initial shredding will be done on-site by the contractor at the time of pick-up. The initially shredded materials will then be transported to the contractor’s facility for final destruction – if final destruction occurs off-site. If shredding is not the final destruction method, and shredding is only an interim step in the destruction process, the shredded material must be secured until it is no longer readable or able to be reconstructed.

c. Final Destruction. As defined in paragraph 2, is completed either on-site or at the contractor’s facility.

Materials will be definitively destroyed to render them not readable or reconstructable to any degree.

Where practicable, the final destruction will be by a National Association for Information Destruction (NAID) certified, bonded, and insured recycler or paper mill. The contractor issues a final Certificate of Destruction to the COR upon completion of each month’s service.

d. Destroyed materials will be taken to a local recycling facility for final disposition. Materials may be recycled in-house if the contract has this service available.

6. SECURITY REQUIREMENTS:

a. Prohibition on Unauthorized Disclosure: Information made available to the contractor by USACE for the performance or administration of this contract or information developed by the contractor 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 USACE.

b. Requirement for Data Breach Notification: Upon discovery 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 has access, the contractor shall immediately and simultaneously notify the COR (in the format described below). The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to USACE assets, or sensitive information, or an action that breaches USACE security procedures.

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

(2) Description of the event, including:

(a) The date of the 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 considering 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.

c. All contractor and all associated sub-contractors employees shall comply with applicable installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13). In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

d. All contract employees, including subcontractor employees who are not in possession of the appropriate access privileges, will be escorted in areas where they may be exposed to sensitive materials and/or restricted areas.

e. The Contractor must pre-screen Candidates using the E-verify Program(http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

f. Contractor staff involved in this contract will have access to some privileged and confidential materials of the U.S. Government. These printed documents are for internal use only and remain the sole property of the U.S. Government. Some of the materials are protected by Privacy Act of 1974 (Amended) and Title 38.

Unauthorized disclosure of Privacy Act or Title 38 covered materials, by any contractor or subcontracted staff, is a criminal offense. The contractor is responsible for actions of contract employees.

g. The contractor shall comply with applicable Government regulations regarding information document security to prevent disclosure of sensitive information to unauthorized individuals or organizations. The contractor shall not inspect, view, peruse, copy, or examine any confidential material or document whether designated for shredding/disposal or not. Should any violation or breach of this provision occur, such shall constitute cause for immediate termination of this contract upon receipt of written notice of such termination.

7. ADDITIONAL REQUIREMENTS:

a. If final destruction occurs off-site, the contractor will always provide secure transport and storage of USACE records and other material until final destruction is completed.

b. Upon request by the COR, the contractor agrees to allow inspection of the contractor’s facilities where the records are processed, and final destruction takes place. This includes access to vehicles and machinery used for the transport or destruction of any USACE materials.

c. Upon request, the Contractor must provide proof of insurance. All contractor service representatives must wear a company uniform and identification badge. Where practicable, contractor employee who will handle USACE records or other material will produce, upon request, documentation showing they are NAID-certified.

d. The contractor shall provide the COR with a list of contractor employees expected to pick up confidential documents. Any contractor that will need access to the USACE premise will need to have a criminal history background check done on them, this will be performed by the USACE Security and Law Enforcement Office. While on USACE premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

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

8. DOCUMENTATION REQUIREMENTS

a. At Time of Collection: The Contractor and COR or designated representative completes an invoice showing the material collected (by weight) and confirmation of initial shredding and transfer. This document serves as evidence of the Initial Destruction. No materials will depart the USACE facility prior to completion of this form.

Pick-Up / Initial Shred Date

Origination Weight Company

Representative Company

Representative Initials

4/1/2019 USACE St. Paul 185lbs Smith, J. JS

4/14/2019 USACE St. Paul 218lbs Smith, J. JS

4/21/2019 USACE St. Paul 194lbs Jones. A AJ -Initial Shred and Pick-Up logbook example

b. Certificate of Destruction (COD): The contractor provides written documentation to the COR to attest to the completion of the destruction process after the final destruction is complete; this certificate, and data contained in the certificate, must align with the initial invoice created at time of collection. The Certificate of Destruction includes contractor identification, date materials were received by the contractor, origination of the documents, total weight, method of final destruction, date of final destruction, full name and signature of witness who can attest to final destruction.

c. The COR will be given a monthly report indicating the number of pounds of recycled material and number of pick- ups and costs incurred. If this information is contained in the invoice, then the invoice is an acceptable form of this report.

9. QUALILTY ASSURANCE

The Government will receive and investigate complaints from various customers located at USACE-ST. PAUL DISTRICT. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

Performance Objective Performance Threshold

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

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

Contractor destroys all material deposited in shredding containers

Weight of material on COD matches weight of material as documented on Initial destruction invoice

10. CHANGES TO CONTRACT OR PWS

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

11. CONTRACT ADMINISTRATION AND PERFORMANCE MONITORING

a. Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract requires maximum coordination between the Government and the Contractor. The COR assists by monitoring contractor performance and reporting the findings to the contracting officer.

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

12. PAYMENTS Payment shall be made monthly upon receipt of a properly prepared invoice in accordance with contract clauses.

(End of Statement of Work)

(End of Summary of Changes)