R614--On-Site Document Shredding for VBA Montgomery Regional Office

Questions and Answers

1-8-2024

Reviewing the mod that was posted to SAM for the shredding solicitation. The question was asked about non-paper media. The answer was that there would not be any. The revised SOW that was posted still reflects the need to shred non-paper media. Can this be removed from the solicitation as it does not pertain to the requirement?Â

The SOW will remain as is in the solicitation but regarding our response to the questions and Amendment 0001 that non-paper media (for example paperclips, staples, CD etc ) that was answered, we do not have a lot of those items however if we do they need to be destroyed appropriately and in accordance with the regulations.Â

Additionally, if the guiding directive for this contract is VA Directive 6371 dated April 8, 2014, Destruction of Temporary Paper Records, The Prime nor the subcontractor is required to be NAID certified to perform work. They are to adhere to the standards and ensure the minimum standards for Interim and Final destruction processes are met. That directive eliminated the requirement for NAID Certification. Can the SOW be updated in that section (highlighted yellow) to reflect the verbiage of the directive? (see below)

Please refer to VA Directive 6371 Appendix A page A-2

If interim destruction is reasonably practicable and is not carried out by VA employees, it must be 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 this Appendix.

STATEMENT OF WORK Revised 12-28-2023

Purpose

To obtain on-site shredding services at the Montgomery Veterans Affairs Regional Office (VARO), 345 Perry Hill Road, Montgomery, Alabama 36109.

Background

The VARO provides services to Veterans and their dependents, subsequently creating sensitive documents which must be properly disposed of. The VARO requires disposal of approximately 10,000 pounds of material each year.

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

Scope

The Contractor shall provide on-site shredding services with a mobile vehicle. Vehicle must be capable of shredding/incinerating various materials: both printed and handwritten content from source materials including paper, photographs, fax, microfilm, microfiche, video, film, cassette tapes, CD/DVD, and flash drives ensuring that no information can be extracted from the resulting material.

Shred services must 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 so that it is not readable or re-constructable to any degree.

The prime contractor (and/or its subcontractors or third parties) must be certified, bonded, and insured according to National Association for Information Destruction (NAID) for paper/printed media destruction who has contracted to provide sufficient reasonable safeguards to protect the temporary paper records until final destruction. The contractor is responsible for maintaining liability insurance for the duration of the contract. The prime contractor must be NAID certified.

The contractor shall provide a total of five (5) secure containers (bins) to collect and store materials to be shredded until such time that shredding of the materials occurs. The bins will be staged in the facility supply office adjacent to the mail room loading dock. The contractor shall provide bins that have wheels, are capable of holding an average of 200lbs (65 gallon) and possess locking mechanisms (key, combination lock, etc.). The contractor shall issue sets of keys and/or a combination for bin locking mechanisms to the Government representative designated by the Contracting Officer.

The contractor is required to provide pricing in one price per bin rate, regardless of destruction material contained in each bin. The destruction material will not be sorted, and different materials might be included in the same bin. Materials include paper,

photographs, fax, eFax, microfilm, microfiche, video, film, cassette tapes, CD/DVD, and/or flash drives.

General Requirements

Contractor shall provide on-site shredding of paper, photographs, fax, microfilm, microfiche, video, film, cassette tapes, CD/DVD, and flash drives at time of service.

Contract shall provide five (5) secure containers to the VARO location.

Contractor shall shred all documents in accordance with VA Directive 6371, Destruction of Temporary Paper Records.

The contractor shall provide bimonthly (every two months) service and unscheduled services that may arise from time to time when VA is purging records.

The contractor shall provide all necessary labor, supervision management, management support, transportation, supplies, equipment, and materials to maintain security of sensitive materials at their points of origination throughout the agency, and to collect and transfer these sensitive materials in a secure manner from the point of origination to the point of on-site destruction. The contractor shall guarantee securely transporting sensitive Personal Identifying Information (PII) data from point of pickup to the point of on-site destruction. Materials will not be allowed to accumulate of overflow from current holdings. In this event, the contractor may be contacted in advance to coordinate additional pick-ups.

During the operation of the vehicle, it will not be parked near any air supply vents that provide air to the buildings.

Contractor shall allow for on-site vehicle inspection of shredding for compliance, upon request, by a VA representative. Inspections will be completed as needed by the facility Records Management Officer.

The contractor will be escorted by facility staff at all times to ensure integrity of shredding services.

At the conclusion of each on-site shredding visit, the contractor shall provide an interim validation to the witnessing VA Representative prior to exiting the premises. The document shall acknowledge the number of bins temporarily destroyed and include both the contractor and VA Representative signatures.

Contractor shall ensure their employees are dressed in marked uniforms with nametags.

The contractor shall provide a contingency plan for instances where equipment malfunction occurs during the shredding process.

At the end of each service performed, the contractor shall provide the RO with an invoice along with a certification after final destruction. The invoice shall detail the

number of bins that were collected, weight, date(s), and a description of the shredding services performed and total value.

National Association of Information Destruction (NAID) Certification:

NAID 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 prior to the final destruction of the records. The certification should contain sufficient information to attest to the final destruction of the temporary paper records what temporary records were destroyed, the date when they were destroyed, what destruction method was used, where they were destroyed, and who was responsible for the final destruction.

Requirements

1. 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.

2.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.

3.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.

4.[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.

5.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).

6.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.

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

8.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.

9.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.

10.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.

11.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.

Flowdown of requirements to subcontractors

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

Reference

The contractor shall comply with the following references during the entirety of the contract:

VA Directive 6371 dated April 8, 2014, and any subsequent modifications made to that directive.

VA Handbook 6300.1

VBA Directive 6300

VA Handbook 6500.6 Contract Security

NAID Certified

Provide On-Site Shredding in accordance with the Statement of Work and Attachments