MODIFICATION
S -- Shredding contract with Shred-It using GSA prices. The period of the contract is from June 29, 2020 through June 2, 2021.FY20 container requirements are 5 containers with shredding services once a week. This contract calls for
- Notice Date
- 6/1/2020 4:20:49 AM
- Notice Type
- Solicitation
- NAICS
- 561990
— All Other Support Services
- Contracting Office
- VBA FIELD CONTRACTING (36C10E) WASHINGTON DC 20006 USA
- ZIP Code
- 20006
- Solicitation Number
- 36C10E20Q0188
- Response Due
- 6/16/2020 7:00:00 AM
- Archive Date
- 08/15/2020
- Point of Contact
- Terri L Jeane, Contract Specialist
- E-Mail Address
-
terri.jeane@va.gov
(terri.jeane@va.gov)
- Awardee
- null
- Description
- STATEMENT OF WORK (SOW) CONFIDENTIAL ON-SITE SHREDDING SERVICES NEW ORLEANS VA REGIONAL OFFICE (VARO) BACKGROUND The Department of Veterans Affairs Regional Office New Orleans has a requirement for onsite shredding services of paper documents and CDs in accordance with VA Directive 6371 including all appendices. The contractor shall provide weekly service and unscheduled services that may arise from time to time when VA is purging records. Contractor shall perform all on-site shredding services at the VA Regional Office New Orleans (VARONOL), 1250 Poydras Street, Suite 200, New Orleans, LA 70113. SCOPE OF WORK The Contractor shall provide onsite shredding services of paper documents in accordance with VA Directive 6371 including all appendices. VA Directive 6371 is the guiding document for shredding. Also, VBA Directive 6300, Records and Information Management, dated September 23, 2016 rescinded VBA Letter 20-08-63 Revised (3d). Note that VBA Directive 6300 is the authority and policy for a formalized records management program. PLACE OF PERFORMANCE VARONOL, 1250 Poydras St., Suite 200, New Orleans LA, 70113 PERIOD OF PERFORMANCE Base Year (12 months) with four (4) one-year options. CONTRACT TYPE Firm-Fixed Price PERFORMANCE DETAILS: On-Site Shredding Service, Pick-Up Place of Performance Unit of Issue Quantity Number of Containers Size of containers 1250 Poydras St. Suite 200, New Orleans, LA 70113 Weekly 52 Weeks 5 65-gallon GENERAL CONDITIONS Contractor shall provide 5ea, 4-wheeled, 65-gallon rolling bins with padlock, locking capability. Locks And keys provided by the contractor. Bins will remain property of the contractor. Additional pickups may be scheduled by the RMO to meet mission demands as needed and should be included in the contractors bid. The RMO will provide a 48-hour notification on those special occasions. The RMO needs to be notified in advance if the truck is out of service or they cannot come for some other reason and the RMO will give the shred company the same notification if they are unavailable. A response time for service calls will be within 48 hours of notification Contractor shall perform all services on-site at the locations listed below. Furthermore, 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 fashion 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 and overflow from current holdings. In this event, the contractor may be contacted in advance to coordinate additional pick-ups. The Contracting Officer s Representative (COR) and Records Management Officer (RMO) will provide a complete and accurate communication so that the coordination of services may occur. The contractor shall work with the designated Veterans Affairs staff to ensure proper oversight and instruction throughout this entire process. Contractor shall shred paper documents in accordance with VA Directive 6371. Destruction of Temporary Records. See Appendix A; Contractor shall provide a certificate of destruction for paper shredded during visit in accordance with VA Directive. See Appendix C; Contractor shall allow for on-site vehicle inspection of shredding for compliance of VA Policy referenced below in the appendices; Contractor shall allow for the inspection of the contractor s equipment and overall shredding operation at least annually, if requested; Contractor is responsible for safeguarding documents until final destruction and shall provide safeguard addendums to the service contract as required by Directive 6371. See Appendix D; Contractor is responsible for moving all bins from the holding area to the contractor s on-site shredding vehicle through final destruction; Use only bonded and insured individuals for the collection and destruction of materials; Ensure their employees are dressed in marked uniforms with nametags; Provide necessary equipment needed to shred all collected materials according to HIPAA regulations; Must be able to shred all types and colors of paper, as well as staples and fasteners; SPECIFIC TASKING REQUIRED Pick-up confidential information; The contractor shall provide certification of destruction, on every invoice, to include date and signature of certifying official; On average, destruction will include approximately 325 gallons each week; The contractor shall coordinate weekly pick-up service with COR and RMO; The contractor shall be escorted by an authorized VA employee to where the material for shredding is located; The contents to be shredded and destroyed on-site will be witnessed by the Record Management Officer (RMO) or the Alternate Record Management Officer (ARMO); Provide shredding containers to meet requirements of the Regional Office; Each container bags/bins shall meet PII containment requirements outlined in within the directives outlined above; The contractor is to provide all necessary equipment/material/bag/bins in-order to successfully complete the destruction evolution. Contractor will be responsible for any additional container/bag needs, as they may arise. After shredding is complete, a billing invoice calculating the charge shall be prepared and left with the RMO/ARMO. Note: The Customer Service Representative provides a Certificate of Destruction after each weekly shredding event. The invoice is sent monthly to the VARO Financial Administration Specialist (FAS) for processing and payment. CONFIDENTIALITY All work is to be performed by competent personnel, experienced and qualified to provide services. Contractors shall keep all VA records and related information strictly confidential. INVOICE/BILLING AND DESTRUCTION CERTIFICATION Contractor will provide the VA Finance Department with a monthly invoice to include both a detailed invoice along with a destruction certification: Monthly invoices of bins (to include CDs) destroyed. Note: The Customer Service Representative provides a Certificate of Destruction after each weekly shredding event. The invoice is sent monthly to the VARO FAS for processing and payment. Date, time, and location service(s) were provided. Invoice Number Contract and Obligation Number. The Contract number will remain the same throughout the term of the contract, however, the obligation number shall change each year. Total monthly charge(s) detailed and outlined. HOLIDAYS The Government observes the following holidays, also included would be any other day specifically declared by the President of the United States to be a National Holiday. New Year s Day 1 January Martin Luther King Jr. Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Fourth Thursday in November Christmas 25 December When a holiday falls on a Sunday, the following Monday is observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. The offices will be closed on the holiday and therefore unavailable. POINTS OF CONTACT Note: The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract. In the event the Contractor makes any changes at the direction of any other person other than the CO, the change shall be considered to have been made without authority and the Contractor performs at its own risk. All questions concerning this contract shall be directed to the CO. Station COR: Ava Nicholas Phone: (504) 619-4412 E-Mail: Ava.nicholas@va.gov Title: SSD, Chief (COR) Contracting Officer: Terri Jeane, Email: Terri.jeane@va.gov CONTRACTOR PERSONNEL SECURITY Any individual who requires access to the VA site(s), personally identifiable information (PII) and/or access to VA local area network (LAN) systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all sub-contractor personnel requiring the same NACI Background Investigation. The level of background security investigation will be in accordance with VA Directive 0710 dated June 4, 2010 and is available at http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FTyp. The Contractor shall prescreen all personnel who require access to VA site(s), PII and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration which authorizes them to work in the U.S. and are able to read, write, speak, and understand the English language. DIRECTIVES The Contractor shall comply with all security requirements imposed by the VA Regional Office at all times. Contractor personnel involved in civil crimes and/or other incidents of misconduct may be restricted from entry to the Regional Office. Contractor shall be escorted by an authorized agency employee when entering upon any government lands prescribed in this contract. Appendix A. VA DIRECTIVE 6371 5 (b). Final Destruction: The process through which temporary paper records are pulped, macerated, or shredded to a degree that definitively ensures that they are not readable or can be reconstructed to any degree. If this final destruction is performed away from a VA facility it must be performed, where practicable, by a National Association for Information Destruction (NAID) certified, bonded and insured recycler or paper mill and any intermediary processes must protect the records until final destruction is completed. Appendix C. Certification of Destruction: Written documentation by a records destruction or recycling contractor or vendor that attests to the completion of the destruction process after the destruction of VA records has taken place. This certification is not considered a valid certification of destruction if submitted prior to the actual destruction of the records. Appendix D. Contracts for destruction of temporary paper records must include specific clauses to ensure that PII and other sensitive temporary records are handled in a secure manner until they undergo final destruction. At a minimum, these contracts shall require documentation that any contractor who will handle the records until final destruction is completed is bonded, insured, NAID certified for paper/printed media destruction, and can provide reasonable physical safeguards for the data throughout the destruction process per VA HANDBOOK 6500.6 MARCH 12, 2010, APPENDIX C (3) (d). The contractor 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. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENTS 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. Contractors must follow policies and procedures outlined in our shred policy VBA Letter 20-08-63 dated January 12, 2011, VA Directive 6500, Information Security Program; and VA Handbook 6500.6, Contract Security which are available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place. This acquisition will not require connection of contractor-owned IT devices (e.g., laptop, workstation, etc.) to a VA internal trusted network therefore a Security Accreditation Package is not required therefore the C&A requirements do not apply. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. 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. d. 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. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. 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 onsite 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. c. 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. d. 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. e. 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. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. 4. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the 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. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 5. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access) (2) Description of the event, including (3) Date of occurrence (4) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code (5) Number of individuals affected or potentially affected (6) 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 (7) Amount of time the data has been out of VA control (8) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons) (9) Known misuses of data containing sensitive personal information, if any (10) Assessment of the potential harm to the affected individuals (11) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (12) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $_37.50__ 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. 6. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
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