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FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 29, 2017 FBO #5850
DOCUMENT

Q -- 544-18-1-5088-0040-Shredding Documents & Destruction-EMS-544 (VA-17-070662) - Attachment

Notice Date

11/27/2017
 

Notice Type

Attachment
 

NAICS

561990 — All Other Support Services
 

Contracting Office

Department of Veterans Affairs;W.J.B. Dorn VA Medical Center;6439 Garners Ferry Road;Columbia SC 29209-1639
 

ZIP Code

29209-1639
 

Solicitation Number

36C24718Q0084
 

Response Due

12/8/2017
 

Archive Date

2/6/2018
 

Point of Contact

JOSEPH LOCKE
 

E-Mail Address

6-4000,
 

Small Business Set-Aside

Service-Disabled Veteran-Owned Small Business
 

Description

The Department of Veteran Affairs, Dorn VA Medical Center, 6439 Garners Ferry Road, Columbia, SC 29209 has a requirement to provide all labor, supplies, tools, materials, transportation and equipment necessary for document shredding services for the William Jennings Bryan (WJB) Dorn, Veterans Affairs Medical Center, 6439 Garners Ferry Road, Columbia, South Carolina 29209. The Government expects to award to a single contractor a contract which shall be Firm Fixed Price with a firm quantity. The requirement contains a base year and 4 option years for a total of 5 years. This requirement is being set-aside for Service Disabled Veteran Owned Small Business participation only. NAICS code for this requirement is 561990 with a small business size of 500 employees. All responsible sources may submit a proposal, which shall be considered. Any and all questions regarding this solicitation must be in writing and must include telephone number, fax number and point of contact to Attn: Joseph Locke, Contract Specialist, joseph.locke@va.gov. Please see solicitation for additional information regarding this requirement. STATEMENT OF WORK ON-SITE SHREDDING/DOCUMENT AND ELECTRO MAGNETIC SENSITIVE DEVICES (EMSD) DESTRUCTION SERVICES 1. GENERAL The contractor shall provide all labor, supervision, secure collection containers, equipment and transportation necessary to conduct on-site document destruction and disposal of confidential documents at the Department of Veterans Affairs (VA) locations listed in paragraph 4, below and in accordance with performance requirements in paragraph 6 below. The contractor shall also provide all labor, supervisor, collection containers equipment and transportation necessary to provide on-site destruction of electromagnetic sensitive devices (EMSD), to include, but not limited to hard disk drives, and other types of portable handheld devices (cell phones, PDAs, etc) in accordance with performance requirements and quantities listed in paragraph 7 below. Pricing of destruction of EMSDs will be based on per unit charge for each type of device, based on estimated quantities listed in Paragraph 7. 2. BACKGROUND: The William Jennings Bryan Dorn Medical Center is a 216-bed facility, encompassing acute medical, surgical, psychiatric, and long-term care. The hospital is located in Columbia, South Carolina and provides primary, secondary, and some tertiary care. Annually, the medical center serves approximately 80,000 patients. Satellite outpatient clinics are located in Anderson, Greenville, Florence, Orangeburg, Rock Hill, Sumter, and Spartanburg, South Carolina and administrative offices in downtown Columbia, South Carolina. 3. PERIOD OF PERFORMANCE: One Base year with the possibility of four one year option periods. Base Year: 365 DAYS AFTER AWARD OF CONTRACT 1st Option Period 365 DAY PERIOD, OPTION YEAR 1 2nd Option Period 365 YEAR PERIOD, OPTION YEAR 2 3rd Option Period 365 DAY PERIOD, OPTION YEAR 3 4th Option Period 365 DAY PERIOD, OPTION YEAR 4 4. PLACES OF PERFORMANCE: a. William Jennings Bryan (WJB) Dorn, Veterans Affairs Medical Center, 6439 Garners Ferry Road Columbia, South Carolina 29209 b. Anderson VA Community Based Outpatient Clinic (CBOC) 3030 North Highway 81 Anderson, South Carolina 29621 c. Florence VA Community Based Outpatient Clinic (CBOC) 1822 Sally Hill Farms Blvd. Florence,  South Carolina 29501 d. Greenville VA Outpatient Clinic (OPC) 3510 Augusta Road Greenville,  South Carolina 29605 e. Orangeburg VA Community Based Outpatient Clinic (CBOC) 1767 Village Park Drive Orangeburg,  South Carolina 29118 f. Rock Hill VA Community Based Outpatient Clinic (CBOC) 205 Piedmont Blvd Rock Hill, South Carolina     29732 g. Spartanburg VA Community Based Outpatient Clinic (CBOC) 279 North Grove Medical Park Drive Spartanburg,  South Carolina 29303 h. Sumter VA Community Based Outpatient Clinic (CBOC) 407 North Salem Avenue Sumter,  South Carolina 29150 i. Administrative Offices 1712 Hampton Street Columbia, South Carolina 29209 j. Veterans Benefits Affairs (VBA) building 6437 Garners Ferry Road Columbia, South Carolina 29209 The Government reserves the right to modify the contract as needed to add or delete VA locations. 5. DAYS AND HOURS OF OPERATION: Monday Friday, 8:00 am 4:30 pm, excluding Federal holidays (New Years Day, Martin Luther King Jr. Day, President s Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran s Day, Thanksgiving Day, Christmas Day) 6. PERFORMANCE REQUIREMENTS (Document Shredding): a. The contractor shall provide secured lockable collection containers in a variety of sizes and quantities specific to each designated location throughout the hospital, clinic or facility for collection and storage of confidential documents until such time the shredding takes place. (1) Containers shall be available in the following sizes: (a) Small approximately 10 to 15 gallon, 20 to 25 pound capacity, suitable for desk side, (b) Medium approximately 25 to 32 gallon, 75 to 80 pound capacity, (c) Large approximately 90 to 100 gallon, 250 pounds plus capacity. (2) Containers shall have locking mechanisms that are keyed alike with a master key that will open all containers. A total of ten (15) master keys will be provided to the Contracting Officer s Representative (COR). (3) Numbers of containers provided and frequency of collection/shredding are listed in the table below: Frequency Small Medium large a. WJB Dorn Medical Center (9 buildings) 2 times per week 60 150 12 b. Anderson VA CBOC 1 time per week 20 c. Florence VA CBOC 1 time per week 10 d. Greenville VA OPC 1 time per week 25 1 e. Orangeburg VA CBOC 1 time per week 5 f. Rock Hill VA CBOC 1 time per week 5 g. Spartanburg VA CBOC 1 time per week 5 h. Sumter VA CBOC 1 time per week 5 1 i. Administrative Offices 1 time per week 5 2 j. Veterans Benefits Affairs (VBA) building 2 times per week 3 Changes to quantities at each facility may change during the course of the contract to accommodate remodeling, construction or expansion of current VA facilities. (4) The Government reserves the right to modify the contract as needed to increase or decrease numbers of containers, as required due to changes in needs of the facilities. (5) Specific room locations within each facility will be provided at the orientation/walkthrough, prior to contract start. b. The contractor shall ensure: (1) That any container used to transport documents from the indoor containers to the shredding location is locked and attended at all times while being moved. (2) The task of document destruction for all containers is conducted from start to finish on-site at each facility on the scheduled service day. c. The contractor shall provide: (1) Sufficient labor and equipment necessary to transport the collected documents from the indoor designated container locations to an outdoor designated location where shredding will take place. (2) Sufficient labor and sufficient mobile shredding vehicles capable of performing on-site shredding and destruction of approximately 400,000 to 500,000 pounds of confidential documents per year utilizing mobile shredding vehicles at government facilities where the confidential documents are collected. (3) The contractor shall provide equipment that has the capability of shredding large volumes of documents per hour to reduce the time the contractor s equipment utilizes government facilities limited parking spaces. (4) Equipment that is capable of shredding large volumes of documents per hour that will produce crosscut shred articles within a 1 x 5 millimeter, pulped for recycling and provides a certificate of destruction per the National Association of Information Destruction (NAID) standards for mobile units. Contractor will provide a Certificate of Destruction at the completion of shredding. Information will include: Company Name: Location: Date: Type of Service: Scheduled / Unscheduled Number of Containers Shredded: Start Time: Finish Time: Total Weight Shredded: Comments: Contractor representative: Date: VA representative: Date: Existing contractor certification of destruction can be used if it contains the above information. (5) Sufficient labor, equipment and transportation necessary to transport the shredded materials in locked vehicles to paper mills for pulping and recycling. (6) A written schedule of the days and times service will be performed at each facility. The contractor shall perform services on day agreed upon by both VA facility point of contact (POC), the COR and the contractor. Strict adherence to the schedule is expected. Any changes to the schedule shall be approved in advance by the Contracting Officer s Representative (COR). (7) A contingency plan for instances where: (a) Equipment malfunction occurs during the shredding process (b) When a mobile shredding vehicle breaks down en route to a VA location for scheduled services or en route to a pulping and recycling site. (c) Equipment malfunction on VA property results in release of some type of hazardous waste (i.e. hydraulic oil, diesel fuel, etc.) d. All shredding shall be witnessed by a contractor employee authorized to witness destruction of confidential documents or a VA government employee authorized to witness destruction of confidential documents. The authorized witness shall complete a certificate of destruction at the completion of each shredding/destruction service. e. All shredding shall be performed in accordance with Department of Veterans Affairs handbook 6300, records and information management, referenced in paragraph 7 below. f. Upon arrival at each facility, the contractor shall report to the meeting location designated by the COR prior to performance of scheduled pick-up/shredding service. 7. PERFORMANCE REQUIREMENTS (EMSD): Destruction of media is the ultimate form of sanitization. After media are destroyed, they cannot be reused as originally intended. Physical destruction can be accomplished using a variety of methods including disintegration, incineration, pulverizing, shredding, and melting. If destruction is decided upon, due to the high security categorization of the information or due to environmental factors, any residual medium must be able to withstand a laboratory attack. The following are destruction methods: Shredding: Paper shredders may be used to destroy flexible media, such as diskettes, once the media are physically removed from their outer containers. The shred size of the refuse must be small enough so there is reasonable assurance, in proportion to the data confidentiality level, that the information cannot be reconstructed. Refer to VA Directive 6371 for shredding requirements. Optical mass storage media, including compact disks (CD, CD_R, CD-RW, and CD-ROM), DVDs, and magneto-optic (MO) disks to be destroyed by crosscut shredding. When material is shredded, all residues must be reduced to nominal edge dimensions of five millimeters (5mm) and surface area of twenty-five square millimeters (25mm2). The following electronic media that have reached the end of its life cycle for use within VA must be sanitized by degaussing and destruction: magnetic tape, reels, cassettes, cartridges, magnetic disks, and optical disks. Destruction of electronic media will be performed in accordance with the National Security Agency (NSA)/Central Security Service (CSS) Storage Device Declassification Manual, and NSA Evaluated Destruction Devices, available at www.nsa.gov. Destruction of media can only be conducted by trained and authorized personnel. Safety, hazmat, and special disposition needs should be identified and addressed prior to conducting any media destruction. The handling of hazardous materials, if any, must be in compliance with applicable environmental laws and regulations. The following procedures will be followed to destroy Electro Magnetic Sensitive Devices (EMSD) Contractor will perform complete destruction of hard disc drives, and other hand held type devices such as Blackberry, iPhones, Personal Data Assistants (PDA s) and similar devices presented by OI&T personnel. All Hard drives, and hand held devices will be destroyed on-site at 6439 Garners Ferry Road Columbia, SC 29209 and must be witnessed by staff from the medical center s OI&T service. The medical center may require multiple destructions dates per year, based on needs. Destruction dates will be coordinated between the contractor and the medical center point of contact. On the designated destruction date, the Electro Magnetic Sensitive Devices (EMSD) will be delivered to the shredding vehicle and they must be destroyed immediately while OI&T service personnel are present to witness the destruction of all the Electro Magnetic Sensitive Devices (EMSD). Upon completion, the contractor will send a Certificate of Destruction certifying the media was rendered un-recoverable to the following address: Dorn VA Medical Center 6439 Garners Ferry Road Columbia, SC 29209 Attention OI&T FCIO Stephen Chalfant The certificate of destruction must contain the serial numbers of each sensitive device destroyed. Residual pieces will be removed and recycled in full compliance with all local, state and federal regulations. Point of contact at the medical center is Stephen Chalfant, 803-776-4000 ext 6797. Estimated quantities of EMSDs to be destroyed are as follows: Contract Year Calender Year Hard Disk Drives Hand Held Devices (Blackberry, iPhone, PDA, etc) Base Year: 1 October 2017- 30 September 2018 3000 200 1st Option Period 1 October 2018 30 September 2019 1500 200 2nd Option Period 1 October 2019 30 September 2020 1500 200 3rd Option Period 1 October 2020 30 September 2021 1500 200 4th Option Period 1 October 2021 30 September 2022 1500 200 8. REFERENCE: VA handbook 6300, records and information management. An electronic version will be provided to the contractor by the contracting officer at time of award. 9. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: a. Contractor employees shall be pre-authorized to witness destruction of confidential documents, i.e. Low Level Background investigations (See Section 9.0, special requirements). b. Contractor employees found reading any of the VA materials/documents shall be promptly removed from the premises when the document destruction is being performed and the person(s) involved shall not be allowed to return for any future document destruction services. c. The contractor shall adhere to the VA policies applicable to all record destruction as outlines in handbook 6300. These guidelines are designed to protect sensitive and private information from being disclosed to unauthorized parties and adhere to the Privacy Act and the HIPPA Privacy Rules and regulations. Examples of sensitive information include but are not limited to: individually identifiable medical, benefits, and personal information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory and law enforcement information. d. Subject to criminal prosecution, contractor employees shall comply with all manner of confidentiality when engaging in the destruction of any and all Department of Veterans Affairs records. e. Contractor employees shall wear a uniform with the company name and logo and wear a badge in plain view above the waist bearing the company name, logo and employee s name at all time they are on Department of Veterans Affairs property. Regularly assigned contractor employees will be required to complete the application process to receive a Department of Veterans Affairs contractor Identification card. f. The contractor shall maintain a current listing of employees performing services under this contract. The list shall include the employee s name, address, phone number, social security number, level of security and position. The list shall be validated and signed by the company facility security officer and provided to the contracting office and contracting officer s representative. An updated listing shall be provided when an employee s status or information changes. The contractor has 24 hours to inform the contracting office and COR that an employee s status has changed unless it is a pick up day. On pick up days, the contractor shall immediately inform the COR by faxing the updated information to 803 695 6729. g. The contractor and employees shall comply with homeland Security Presidential Directive 12 (HSPD-12), NIST 800-53, Office of Management and Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. Contractor and Staff shall comply with the Privacy Act, VA Security requirements and HIPPA. h. The contractor shall report to the contracting officer and the COR any information or circumstances which they are aware of that may pose a threat to the security of the Department of Veterans Affairs personnel, contractor employees, resources and classified and unclassified information. i. Contractor employees are prohibited from possessing weapons, firearms or ammunition, on themselves or their contractor-owned or privately owned vehicle while on the property of the designated VA locations listed in paragraph 4. j. If the contracting officer finds it in the best interest of the Government, he/she may at any time during the performance of this contract order the contractor to remove any of his/her personnel from further performance under this contract for reasons of their moral character, unethical conduct, security reasons and violation of on-site building rules. In the event it is necessary to replace any contractor employee for any of the above reasons, all costs, including the costs of removal and replacement of the employee will be borne by the contractor. k. The contractor shall not hold any discussions or release any information relating to the contents of this contract to anyone not having a direct interest in the performance of this contract, without written consent of the contracting officer. All inquiries shall be directed to the public affairs officer. m. The contractor shall not advertise information about projects performed for this contract without Government review and approval. Advertisement is considered but not limited to promotional brochures, posters, tradeshow handouts, web pages, magazines, newspapers and similar promotions. n. The contractor shall ensure the electronic access badge provide under this contract for building access is kept securely so as not to compromise building access. The contractor shall immediately report to the COR if the badge is lost. o. The contractor is required to comply with all security and personnel identification procedures at each facility. 10.0 SPECIAL REQUIREMENTS: a. Contractor Registration: Contractor shall be a legally registered business in the state of South Carolina. b. Contractor Vehicles: all vehicles used in the performance of this contract for the destruction of documents shall have the applicable government licensing and inspections for road worthiness on file. c. HIPAA Responsibility: Contractor agrees to comply with the requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Notwithstanding anything to the contrary in this contract, all individually identifiable health information shall be treated as confidential by the parties in accordance with all applicable federal, state, or local laws and regulations governing the confidentiality and privacy of individually identifiable health information, including but without limitation, HIPAA and any regulations and official guidance promulgated there under, and the parties agree to take such additional steps and/or to negotiate such amendments to this contract as may be required to ensure that the parties are and remain in compliance with the HIPAA regulations and official guidance. d. HIPAA Compliance Health Insurance Portability and Accountability Act of 1996: the successful contractor shall be required to be in compliance with HIPAA requirements and will be required to sign a Business Associate Agreement with the VA. A copy will be maintained in the contract file and with the Privacy Officer. e. Security Requirements: 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). f. Contractor Employee Security and HIPAA Training: Contractor must certify that all employees working on this contract have received VA Information Security Awareness and VHA Privacy Policy Training. This training can be accessed on line through the VA Talent Management System found at https://www.tms.va.gov. Proof of training is required via printed certification of completion and must be provided to the CO/COR. The CO or COR will provide the details required for obtaining the VHA Privacy Policy Training. In accordance with VHA Directive 6500.6, Appendix D, Contractor Rules of Behavior, each contractor must read and sign the VA National Rules of Behavior prior to gaining any access to VA information and/or information systems. Contractors must initial and date each page of the copy of the VA National Rules of Behavior, they must also provide the information requested on the last page, sign and date it. In accordance with VA Handbook 6500.1, Electronic Media Destruction, each contractor must also read and sign the VA Form 0752, Confidentiality of Sensitive Information Non-Disclosure Agreement, prior to the commencement of any contractual duties outlined in this statement of work. These requirements will be maintained in a contractor employee file by the CO/COR for each contractor employee working on the contract. g. Contractor Personnel Security Requirements: All contractor personnel who require access to the Department of Veterans Affairs computer systems 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 is responsible for the actions of those individuals that provide or perform work for the VA. 1. Position Sensitivity the position sensitivity has been designated as low risk. 2. Background investigation the level of background investigation commensurate with the required level of access is National Agency Check and Inquiries (NACI) with written inquiries. 3. Contractor Responsibilities a. The contractor shall bear the expense of obtaining background investigations. The website which provides information on the cost of the security investigation is: www.opm.gov/investigate - Select Federal Investigations Notice, then 2011, then FIN 11-06. b. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak, and understand the English language. The contractor shall provide the screening results to the VA Contracting officer prior to award and anytime new employees are hired. c. The contractor will provide to the Contracting Officer prior to award the following: (1) list of names of contract personnel. (2) Social security numbers of contractor personnel. (3) Home address of contractor personnel or the contractor address. d. The contractor shall submit or have their employees submit the following required forms to the VA office of security and law enforcement within 30 days of receipt: (1) Standard Form 85P, Questionnaire for Public trust positions (2) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions (3) FD 258, U.S. Department of Justice Fingerprint Applicant Chart (4) VA Form 0710, Authority for Release of Information Act. e. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. f. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. 11. ADMINSTRATION: a. Facility Orientation: An initial orientation of the facilities will be conducted by the COR at the start of the contract. The contractor shall be responsible for conducting orientation for new employees thereafter. b. Accident Reporting: In the event of an accident on Department of Veterans Affairs property or involving Government personnel or property, the contractor shall contact the VA police immediately. A report shall be provided to the CO and COR in writing that shall include the following: (1) The time and date of occurrence (2) The place of occurrence (3) A list of personnel directly involved (4) A narrative or description of the accident to include chronological order of the events and circumstances (5) Corrective action to prevent future occurrences 12. POINT OF CONTACT: The contractor shall provide the name and telephone number of an individual to act as his representative and be responsible for coordination of the contract with the Government. 13. INVOICES: Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer s Technical Representative (COTR), and submitted to VA FSC, P. O. BOX 149971, AUSTIN, TX 78714. A properly prepared invoice will contain: Invoice Number and Date Contractor s Name and Address Accurate Purchase Order Number Supply or Service provided Itemization of pounds shredded and disposed of, by location Price per pound or per service, as applicable Dates of Service performed Location of Service Performed Total amount due A consolidated invoice will be submitted monthly for all locations serviced that month. 14. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE 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. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS A contractor/subcontrator 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. 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. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. 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. VA INFORMATION CUSTODIAL LANGUAGE 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). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. 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. 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. 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. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as Systems ), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 30 days. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 30 days. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE VA prohibits the installation and use of personally-owned or contractor/subcontractor-owned equipment or software on VA s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: Vendor must accept the system without the drive; VA s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed.   The ISO needs to maintain the documentation. SECURITY INCIDENT INVESTIGATION 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 COTR 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. 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. 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. 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. LIQUIDATED DAMAGES FOR DATA BREACH 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. 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. Each risk analysis shall address all relevant information concerning the data breach, including the following: NATURE OF THE EVENT (LOSS, THEFT, UNAUTHORIZED ACCESS); 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. 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 $______ 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 TRAINING All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training; Successfully complete the appropriate Privacy and HIPAA training and annually complete required privacy training; and Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. Quality Assurance Surveillance Plan (QASP) PERFORMANCE BASED TASK INDICATOR STANDARD QUALITY ASSURANCE DETERMINATION Contractor will provide shredding services in accordance with SOW Competency Performs shredding on day indicated, unless alternative date is prescheduled with COR check of logsheets vendor will not bill for missed collection days Contractor shreds all documents on site Security documents are shredded before leaving the facility random visual inspection, check of logsheets Contractor performance will be evaluated. The evaluation will be considered when future contract selections are made. All collection bins are emptied Service Quality All collections bins are emptied on schedule random inspection, customer input (complaints) No more than 3% missed bins per visit Contractor employees safety shred documents safety All contractor employees follow safety rules while shredding documents random inspection Contractor performance will be evaluated. te evaluation will be considered when future contract selections are made. Basis of Award Project: DOCUMENT SHREDDING A. BASIS FOR AWARD. Award will be made to the lowest priced, technically acceptable responsible offeror, whose offer conforms to all stated terms, conditions, representations, certifications, and any other information required by this solicitation. Offers will be ranked by price first then evaluated for technically acceptable. If, the low priced offer is found to be technically acceptable the evaluation process stops no other offer will be evaluated. If necessary this process will be performed until there is a low priced technically acceptable offer. If no offer is technically acceptable the government will make a determination to re-solicit. Technical tradeoff will not be made and no additional credit will be given for exceeding the minimum requirements. In the event an offeror s proposal is determined to be unacceptable in any of these factors, the entire proposal will be considered unacceptable and the offeror will be ineligible for award. If the contracting officer determines that a small business past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in Subpart 19.6 and 15 U.S.C. 637(b)(7)). **ALL factors must be rated ACCEPTABLE to be considered for award. B. EVALUATION METHODOLOGY. The award decision will be based on the following: Registered in www.sam.gov to receive Government contracts. Registered in www.vip.vetbiz.gov as a Service Disabled Veteran Owned Small Business (SDVOSB) Price. All line items in the Price Schedule must include a price. The total evaluated price will consist of the offeror s total proposed price. The Government may determine that an offer is unacceptable if the prices are significantly unbalanced. Price realism may be performed by the Contracting Officer. Past Performance. Must provide a minimum of two past performance experiences related to document shredding. The past performance experience must include the client s POC with email and phone number. The past performance must be within the last three years. Each factor will be scored as Acceptable or Unacceptable as defined below. Offers will be evaluated against the SOW and the stated evaluation criteria. All offers are evaluated using the same standards. "Lowest Price, Technically Acceptable" Evaluation Standards Acceptable ALL of the minimum acceptable criteria are clearly met by the offer. The offer meets the minimum performance and technical capability requirements defined in the solicitation. Unacceptable Not all of the minimum acceptable criteria were met by the offer. An unacceptable offer contains one or more deficiencies that does not meet the performance and technical capability requirements defined in the solicitation.. The following table will be used for each proposal received to score each LPTA factor as to whether it is Acceptable or Unacceptable. OFFEROR: __________________________________ Non- Cost/Price Factors Technically Acceptable/Unacceptable REGISTERED IN SAM REGISTERED IN VIP AS SDVOSB PAST PERFORMANCE PRICE (Not Rated)
 

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File Name: 36C24718Q0084 36C24718Q0084_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3925471&FileName=36C24718Q0084-000.docx)

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