DOCUMENT
R -- On-Site Document Shredding Service - Attachment
- Notice Date
- 10/8/2015
- Notice Type
- Attachment
- NAICS
- 561990
— All Other Support Services
- Contracting Office
- Department of Veterans Affairs;Network Contracting Office 8 (248);Room 315, Bldg. 2;10,000 Bay Pines Blvd;Bay Pines FL 33744
- ZIP Code
- 33744
- Solicitation Number
- VA24816Q0018
- Response Due
- 10/16/2015
- Archive Date
- 11/15/2015
- Point of Contact
- Annette Whitfield
- E-Mail Address
-
e.Whitfield@va.gov<br
- Small Business Set-Aside
- Service-Disabled Veteran-Owned Small Business
- Description
- This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number is VA248-16-Q-0018 and is issued as a Request for Quote (RFQ). This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-84, effective September 3, 2015. This solicitation starts 10/8/2015/2015 and will end 10/15/2015 at 4pm EST. Network Contracting Activity 8 - Service Area Office - East intends to award a firm fixed price contract for On-Site Shredding Service at various locations within the Bay Pines VA Healthcare System. This procurement is being conducted under the FAR part 12, 13 and 15. The North American Industrial Classification System (NAICS) code for this procurement is 561990 with a small business size standard of $11 million. This procurement is a total Service Disabled Veteran Owned Small Business (SDVOSB) set-aside and all eligible offerors may submit quotes. All offerors shall be registered in the System for Award Management (SAM) at https://www.sam.gov and www.vetbiz.gov to be considered for an award of a federal contract. The record shall be complete and not missing elements such as representations and certifications. All contractors interested in providing these services must be received by October 16, 2015, 2pm EST to Annette Whitfield at annette.whitfield@va.gov. Electronic mail may be used to submit quotes however; electronic mail is submitted at the contractor's own risk as large PDF files may not be transmittable. Quotes may be submitted by mail to: Annette Whitfield, Department of Veterans Affairs, Network Contracting Activity-8, 10000 Bay Pines Blvd, Room 333, Building 2, Bay Pines, Florida 33744. No telephonic request for information will be entertained. The deadline for questions is October 13, 2015. All responses to questions will be posted by way of amendment to this combined synopsis/solicitation to the FedBizOpps website should submit (http://fedbizopps.cos.com/). This requirement in accordance with the attached Performance Work Statement is for on-site shredding services and the intent is to award a service contract with a base year and four (4) one year options. The anticipated award date is November 1, 2015. Contractors shall quote prices for all of the following Contract Line Item Numbers (CLINs): Base Year: 11/1/2015 to 9/30/2016 Item #QuantityUnitAmount 0001On-site document shredding service for C.W. Bill Young VAMC in accordance with SOW.1Yr 0002On-site document shredding service for Lee County Healthcare Center in accordance with SOW.1Yr 0003On-site document shredding service for Business Office in accordance with SOW.1Yr 0004On-site document shredding service for VISN Office in accordance with SOW.1Yr 0005On-site document shredding service for Naples OPC in accordance with SOW.1Yr 0006On-site document shredding service for Palm Harbor CBOC in accordance with SOW.1Yr 0007On-site document shredding service for St. Petersburg CBOC in accordance SOW.1Yr 0008On-site document shredding service for Sarasota CBOC in accordance with SOW. 1Yr 0009On-site document shredding service for Sebring CBOC in accordance with SOW.1Yr 0010On-site document shredding service for Bradenton CBOC in accordance with SOW.1Yr 0011On-site document shredding service for Port Charlotte CBOC in accordance with SOW.1Yr 0012On-site document shredding service for Readjustment Counseling Service in accordance with SOW.1Yr Total Base Year $______________________________ Option Year 1: 11/1/2016 - 10/31/2017 Item #QuantityUnitAmount 1001On-site document shredding service for C.W. Bill Young VAMC in accordance with SOW.1Yr 1002On-site document shredding service for Lee County Healthcare Center in accordance with SOW.1Yr 1003On-site document shredding service for Business Office in accordance with SOW.1Yr 1004On-site document shredding service for VISN Office in accordance with SOW.1Yr 1005On-site document shredding service for Naples OPC in accordance with SOW.1Yr 1006On-site document shredding service for Palm Harbor CBOC in accordance with SOW.1Yr 1007On-site document shredding service for St. Petersburg CBOC in accordance SOW.1Yr 1008On-site document shredding service for Sarasota CBOC in accordance with SOW. 1Yr 1009On-site document shredding service for Sebring CBOC in accordance with SOW.1Yr 1010On-site document shredding service for Bradenton CBOC in accordance with SOW.1Yr 1011On-site document shredding service for Port Charlotte CBOC in accordance with SOW.1Yr 1012On-site document shredding service for Readjustment Counseling Service in accordance with SOW.1Yr Total Opt Year 1: $______________________________ Option Year 2: 11/1/2015 to 10/31/2018 Item #QuantityUnitAmount 2001On-site document shredding service for C.W. Bill Young VAMC in accordance with SOW.1Yr 2002On-site document shredding service for Lee County Healthcare Center in accordance with SOW.1Yr 2003On-site document shredding service for Business Office in accordance with SOW.1Yr 2004On-site document shredding service for VISN Office in accordance with SOW.1Yr 2005On-site document shredding service for Naples OPC in accordance with SOW.1Yr 2006On-site document shredding service for Palm Harbor CBOC in accordance with SOW.1Yr 2007On-site document shredding service for St. Petersburg CBOC in accordance SOW.1Yr 2008On-site document shredding service for Sarasota CBOC in accordance with SOW. 1Yr 2009On-site document shredding service for Sebring CBOC in accordance with SOW.1Yr 2010On-site document shredding service for Bradenton CBOC in accordance with SOW.1Yr 2011On-site document shredding service for Port Charlotte CBOC in accordance with SOW.1Yr 2012On-site document shredding service for Readjustment Counseling Service in accordance with SOW.1Yr Total Opt Year 2: $______________________________ Option Year 3: 11/1/2018 to 10/31/2019 Item #QuantityUnitAmount 3001On-site document shredding service for C.W. Bill Young VAMC in accordance with SOW.1Yr 3002On-site document shredding service for Lee County Healthcare Center in accordance with SOW.1Yr 3003On-site document shredding service for Business Office in accordance with SOW.1Yr 3004On-site document shredding service for VISN Office in accordance with SOW.1Yr 3005On-site document shredding service for Naples OPC in accordance with SOW.1Yr 3006On-site document shredding service for Palm Harbor CBOC in accordance with SOW.1Yr 3007On-site document shredding service for St. Petersburg CBOC in accordance SOW.1Yr 3008On-site document shredding service for Sarasota CBOC in accordance with SOW. 1Yr 3009On-site document shredding service for Sebring CBOC in accordance with SOW.1Yr 3010On-site document shredding service for Bradenton CBOC in accordance with SOW.1Yr 3011On-site document shredding service for Port Charlotte CBOC in accordance with SOW.1Yr 3012On-site document shredding service for Readjustment Counseling Service in accordance with SOW.1Yr Total Opt Year 3: $______________________________ Option Year 4: 11/1/2019 to 10/31/2020 Item #QuantityUnitAmount 4001On-site document shredding service for C.W. Bill Young VAMC in accordance with SOW.1Yr 4002On-site document shredding service for Lee County Healthcare Center in accordance with SOW.1Yr 4003On-site document shredding service for Business Office in accordance with SOW.1Yr 4004On-site document shredding service for VISN Office in accordance with SOW.1Yr 4005On-site document shredding service for Naples OPC in accordance with SOW.1Yr 4006On-site document shredding service for Palm Harbor CBOC in accordance with SOW.1Yr 4007On-site document shredding service for St. Petersburg CBOC in accordance SOW.1Yr 4008On-site document shredding service for Sarasota CBOC in accordance with SOW. 1Yr 4009On-site document shredding service for Sebring CBOC in accordance with SOW.1Yr 4010On-site document shredding service for Bradenton CBOC in accordance with SOW.1Yr 4011On-site document shredding service for Port Charlotte CBOC in accordance with SOW.1Yr 4012On-site document shredding service for Readjustment Counseling Service in accordance with SOW.1Yr Total Opt Year 4: $______________________________ AGGREGATE TOTAL $______________________________ Performance Work Statement On-Site Document Shredding Services Scope of Work: The contractor shall provide all labor, personnel, equipment including confidential containers (consoles/bins), supplies, secured vehicles, materials, supervision and other related services necessary to provide on-site document destruction services for the facilities within Bay Pines Veterans Affairs Healthcare System (BPVAHCS). The BPVAHCS administers and manages patient privacy data that must be safeguarded to meet Health Insurance Portability Accounting Act (HIPPA) requirements. BPVAHCS personnel in all locations are in the practice of putting all classified, sensitive or administrative documents, in locked containers located throughout all of the BPVAHCS facilities. Places of Performance: "C.W. Bill Young VA Medical Center, 10000 Bay Pines Blvd., Bay Pines, FL, 33744 "Lee County Healthcare Center, 2489 Diplomat Pkwy East, Cape Coral, FL 33909 "Business Office located at 8550 Ulmerton Rd, Suite 140, Largo, FL, 33771 "VISN Office, 140 Fountain Parkway, St. Petersburg, FL, 33716 "Naples OPC, 2685 Horseshoe Dr. South, Suite 101, Naples, FL 34101 "Palm Harbor CBOC, 35209 U.S. Hwy. 19 N., Palm Harbor, FL 34684 "St. Petersburg CBOC, 840 Dr. MLK Jr. Street N., St. Petersburg, FL 33705 "Sarasota CBOC, 5682 Bee Ridge Road, Suite 100, Sarasota, FL 34233 "Sebring CBOC, 5901 U.S. Hwy. 27 South, Sebring, FL 33870 "Bradenton CBOC, 5520 State Road 64, Suite 101, Bradenton, FL 34208 "Port Charlotte CBOC, 4161 Tamiami Trail, Unit 4, Port Charlotte, FL 33952 "Readjustment Counseling Service, 450 Carillon Parkway Suite 150, St. Petersburg, FL 33716 Note: Not included in this agreement are the VA Regional Office (Bldg. 46) and the Bay Pines Federal Credit Union located on the CW. Bill Young campus. Location of Containers: At C.W. Bill Young VA Medical Center (CWBYVAMC) the containers will be located at various locations inside of buildings. These locations will be chosen by the Contracting Officer Representative (COR) and the contractor will be given a list of the locations upon award. These locations will then need to be checked off during the unloading of the bins by Government & Contractor staff members alike. The locations at the CBOCs and Lee County Healthcare Center will also be determined by the COR and the Contractor will be given a list of the locations to be checked off during the unloading of the bins by Government & Contractor staff members alike. Period of Performance: Base Year:November 1, 2015 to October 31, 2016 Option Year One:November 1, 2016 to October 31, 2017 Option Year Two:November 1, 2017 to October 31, 2018 Option Year Three:November 1, 2018 to October 31, 2019 Option Year Four:November 1, 2019 to October 31, 2020 Hours of Operation: Contractor shall provide the services between the hours of 8:00 AM and 3:00 PM, Monday through Friday, excluding Government holidays. The holidays observed by the Federal government are: New Year's DayLabor Day Martin Luther's King BirthdayColumbus Day President's DayVeteran's Day Memorial DayThanksgiving Day Independence DayChristmas Day Contingency Plan: Contractor shall provide a detailed contingency plan to take effect during any disaster which interrupts service as outlined above. Shredding Specifications: The shredding of all documents must meet or exceed requirements set forth by National Association for Information Destruction (NAID). Final outcome of materials shall be to a degree that definitively ensures data is not readable or reconstructable to any degree; no larger than ¼" inches wide, and ¼" inches length. Contractors can propose equipment that will crosscut the materials and provide smaller cuts. ALL SHREDDING WORK IS TO BE PERFORMED IN THE PRESENCE OF A DESIGNATED VA EMPLOYEE. Any additional service requests shall be accomplished within one week after the Contractor is notified by the Contracting Officer (CO) and incorporated by modification. A firm schedule will be worked out for all sites upon award. A container will not be pulled if agreed upon by the contractor personnel and the Government employee at the time of collection. Estimated Quantity and Frequency of Service: Location95 gal64 gal32 galSlim JimFrequency of Service C.W. Bill Young VA Medical Center42122347Weekly Lee County Healthcare Center337Bi-weekly Business Office62Weekly Naples OPC11Bi-weekly Palm Harbor CBOC23Bi-weekly St. Petersburg CBOC14Monthly Sarasota CBOC25Weekly Bradenton CBOC16Bi-weekly Port Charlotte CBOC11Monthly Readjustment Counseling Service1Weekly VISN Office1Bi-weekly Sebring CBOC13Monthly Quality Assurance: The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. (See Attachment 3) This plan is primarily focused on what the government must do to ensure the contractor has performed in accordance with the performance standards. It defines ho the performance standards will be applied, the frequency of surveillance and minimum acceptable defect rate(s). Contractor's Qualifications: "Contractor hereby certifies that their firm is regularly established in the business called for; they are financially responsible and have the necessary equipment and personnel to furnish the Bay Pines VA Healthcare System (BPVAHCS) with on-site document destruction/shredding services. "On-Site final destruction and all items specified under this solicitation. The successful Contractor shall meet all federal, state and local codes and all requirements for the operation of services provided. "The Contractor must be National Association for Information Destruction (NAID) certified, bonded and insured (and its subcontractors or third parties) and will be required to provide training credentials. "Materials collected for destruction shall be secured in contractor provided containers, until confidential material is destroyed to a degree that definitively ensures documents are not readable or reconstructable, to any degree in accordance with National Institute of Standards and Technology (NIST) 800-88, Guidelines for Media Sanitization and Standards for Security Categorization of Federal Information and Information Systems (FIPS) 199. All sensitive documents will be shredded by the contractor whom shall deliver industry standard Certificates of Destruction monthly for completed on-site final destruction according to NIST 800-88 and FIPS 199. "The Contractor will provide the designated VA employee documentation acknowledging receipt of VA data removed and shredded. (Attachment 1, Certificate of Destruction) "The Contractor will provide all receptacles required throughout the entire Healthcare System (the sizes will be the 95 gallon tote, 64 gallon tote, 32 gallon tote and the Slim Jim size. Collection of paper from these areas will be performed by the Contractor with Government supervision and deposited in contractor provided self-closing and self-locking containers. Location of the lockable lockers will be provided to the Contractor. Contractor will remove containers and replace with an empty container with each scheduled pick up. The types of paper with sensitive information may include office paper of any color and type, post-it notes and carbon-less form. This list is not all-inclusive and may include limited quantities of incidentals such as staples, paper clips, envelopes, file folders, newspapers, rubber bands and other types of paper. "The facility where shredded documents are stored must be secured and video monitored. Facility will be inspected by BPVAHCS officials prior to award of contract. "All shredding particles removed from BPVAHCS will be disposed of as recycled material with documentation provided by the Contractor to prove this. "The Contractor must possess a license certified as a Confidential Document Destruction Company and hold certification meeting all standards as mandated through HIPAA to provide sufficient reasonable safeguards to protect VA data until final destruction has been completed. "The Contractor shall provide mobile equipment to do all shredding onsite. Final outcome of materials shall be to a degree that definitively ensures data is not readable or reconstructable to any degree and no larger than ¼" inches wide and ¼" inches length. Contractors can propose equipment that will crosscut the materials and provide smaller cuts. "All contractor vehicles utilized in the performance of this contract shall maintain insurance (up to the minimum coverage by the State of Florida) and current state vehicle registration for the duration of the contract. Proof of liability insurance shall me submitted with the submission of quote. Liability insurance must be current. "The contractor will complete a standard Business Associate Agreement (BAA) in accordance with Health Insurance Portability and Accountability Act of 1196 (HIPPA) before award. "The contractor shall protect, safeguard, control, manage and destroy VA designated confidential documents in compliance with VA Directive 6371 and Appendix C of VA Handbook 6500.6 (provided within document). Contractor/Employee Security and Identification: "Contractor's employees shall wear either name tags identifying the company and employee or company provided uniforms containing the same information. Contract shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information from the BPVAHCS and its clinics and satellites, may be subject to fines up to $20,000.00. Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information and information systems belonging to or being used on behalf of the Department of Veterans Affairs. "To satisfy the requirements of the Department of Veterans Affairs, a Minimum Background Investigation shall be conducted prior to performing work under this contract. The level of access and the individual's capability to perform work under the contract will be the determining factor in deciding if a higher investigative requirement is needed. The contractor shall insure that those requirements are fully satisfied with 30 days of initiation of each investigation. "The investigative history of contractor personnel working under this contract must be maintained in the database of either Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the contractor use another vendor other than OPM or Defense Security Services (DSS) to conduct investigations, the investigative company must be certified by OPM/DSS to conduct contractor investigations. "All costs associated with obtaining clearances for contractor provided personnel will be the responsibility of the contractor. Further, the contractor will be responsible for the actions of those individuals they provide to perform work for the BPVAHCS under contract. In the event that damages arise from work performed by the contractor provided personnel; under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident. "Contractor personnel shall comply with the confidentiality in the destruction of all records. Any contractor found to be reading any of the recycled materials shall be promptly removed from the government premises. The person/s involved shall not be allowed to return. Documentation: "Certification of Destruction: A "Certificate of Destruction" shall be provided after each job at each location. (See Attachment 2) The designated BPVAHCS employee who witnesses the destruction will provide a blank Certificate of Destruction to the Contractor. The Contractor shall complete the certificate immediately after each service is completed and return it to the designated BPVAHCS representative. The individual performing the services shall have authority to sign the Certificate of Destruction to the Contractor. The Contractor shall complete the certificate immediately after each service is completed and return it to the BPVAHCS representative. The individual performing the services shall have authority to sign the Certificate of Destruction. By the fifth (5) workday of each month, the contractor will provide to the COR, weight tickets for all medical waste removed and destroyed for the previous month along with a written certificate validating the destruction. These will be faxed to the BPVAHCS at 727- 319-1365, Attn: Environmental Protection Specialist who will provide a copy to the Safety Officer (001 SEM). Payments: After accepted by the Government of the Certificate of Destruction (See Attachment 1) document, billing shall be submitted to the Contracting Officer Representative (COR). All invoices shall be submitted to the Government in accordance with the Prompt Payment Act. Payment to the contractor is based on the "cost per container pulled for shredding". Additional fees such as service charges, container rentals and replacement will be considered and will be incorporated into the price. Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend the post award conference or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (CO), Contracting Officer Representative (COR) and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will describe how the government views the contractor's performance. During this time, the contractor will relay problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration by monitoring the contractor's performance. The COR is not authorized to change any of the terms and conditions of the contract. ATTACHMENT 1 CERTIFICATE OF DESTRUCTION This certifies that the following material was picked up from the BPVAHCS at (facility named entered and building # if necessary): On (Date): _________________ Number of Containers Removed & Sizes_____________________________________________________________________ Estimated Weight of Sensitive Material_______________________ Other info: The material to be destroyed on _______________________ Equipment used to destroy documents (make/model)_______________________________ Final destination of destroyed materials_____________________________ CONTRACTOR GUARANTEES THAT DATA, MATERIAL OR PRODUCTS PROCESSED FOR DESTRUCTION WILL BE REDUCED TO PARTICLES AS SPECIFIED BY THE CONTRACT The material shall be protected from disclosure in accordance with the provision of the Privacy Act and VA Directive 6300.1, Records Management Procedures. Release of the material or its contents prior to destruction is a violation of the Privacy Act of 1974 and VA regulations, and could involve imposition of criminal penalties RELEASEDDESTRUCTION ACKNOWLEDGED BY:BY: __________________________________________________________ (Signature) (Signature) ____________________________ ______________________________ (Print name & date) (Print name & date) ATTACHMENT 2 Appendix C of VA Handbook 6500.6, Contract Security 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. 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 is 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. 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 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. 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. 4. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have resulted in unauthorized access loss or damage to VA assets, 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, 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 involving 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: (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; (8) Assessment of the potential harm to the affected individuals; (9) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and whether credit protection services may assist affected 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 $31.95 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) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories or financial affairs. 6. TRAINING a. 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: (1) 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; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access. b. 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. c. 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. ATTACHMENT 3 Quality Assurance Surveillance Plan 1. Purpose This quality assurance surveillance plan (QASP) is a government-developed and applied document used to make systematic quality assurance methods used in the administration of the performance-based service acquisition (PBSA) standards included in this contract. The intent is to ensure that the contractor performs in accordance with performance metrics set forth in the contract documents, that the government receives the quality of services called for in the contract, and that the government only pays for the acceptable level of services received. 2. Authority Authority to issue this QASP is provided under Federal Acquisition Clause (FAR) 52.212-4(a) Inspection and Acceptance, which provided for inspections and acceptance of the articles, services, and documentation called for in the contract to be accomplished by the contracting officer or a duly appointed representative. 3 Scope The contractor, and not the government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract. The QASP is put in place to provide government surveillance oversight of the contractor's quality control efforts to assure that they are timely, effective, and delivering the results specified in the contract. The QASP is not a part of the contract, nor is it intended to duplicate the contractor's quality control plan. 4. Government Resources The following definitions for government resources are applicable to this plan: Contracting Officer A person duly appointed with the authority to enter into, administer, or terminate contracts and make related determinations and findings on behalf of the government. Contracting officer's Representative (COR) An individual designated in writing by the contracting officer to act as his or her authorized representative to assist in administering a contract. The source and authority for a COR is from the contracting officer. COR limitations are contained in the written letter of designation. 5. Responsibilities The government resources shall have responsibilities for the implementation of this QASP as follows: Contracting Officer The contracting officer ensures performance of all necessary actions for effective contracting and ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the contracting officer who assures that the contractor receives impartial, fair, and equitable treatment under the contract. The contracting officer is ultimately responsible for the final determination of the adequacy of the contractor's performance. COR The COR is responsible for technical administration of the contract and assures proper government surveillance of the contractor's performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government's behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the contracting officer for action. 6. Methods of Surveillance The below listed methods of surveillance shall be used in the administration of this QASP. Periodic Surveillance by the COR The COR periodically sit in on the classes to verify that the contractor is meeting the goals of the training course. 7. Identified QA Surveillance Tasks The following PBSA items are identified within the contract performance work statement and will be monitored under this QASP. Performance Requirements Summary Performance ObjectiveStandardMethod of Surveillance Periodic Shredding SamplesRandom samples taken from shredded material for evaluationPeriodic surveillance by the COR Schedule ComplianceServices must be done in accordance with the schedulePeriodic surveillance by the COR Certificate of Destruction FilesAccuracy of certificates of destruction filesPeriodic surveillance by the COR 8. Documentation The COR will, in addition to providing documentation to the contracting officer, maintain a complete quality assurance file. The file will contain copies of all reports, evaluations, recommendations, and any actions related to the government's performance of the quality assurance function, including the originals of all surveillance activity checklists. All such records will be retained for the life of this contract. The COR shall forward these records to the contracting officer at termination or completion of the contract. The following clauses Federal Acquisition Regulation (FR) provisions and clauses apply to this solicitation and are incorporated by reference (provisions and clauses may be obtained via the internet: http://farsite.hill.af.mil or http://www.acquisition.gov.) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-6 Restrictions on subcontractors Sales to the Government (Sep 2006) FAR 52.203-7 Anti-Kickback Procedures (May 2014) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employee of Whistleblower Rights (Apr 2014) FAR 52.204-4 Printed or Copied Double Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7 System for Award Management (July 2013) FAR 52.204-8 Annual Representations and Certifications (May 2014), FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10Reporting Executive Compensation and First-Tier Subcontracting Awards (Oct 2015) FAR 52.204-13System for Award Management Maintenance (Jul 2013) FAR 52.209-10Prohibition on Contracting With Inverted Domestic Corporations (Dec 2014) FAR 52.212-1 (Instructions to Offerors - Commercial Items (Apr 2014) FAR 52.212-2 (Evaluation - Commercial Items (Jan 1999) FAR 52.212-3 (Offeror Representations and Certifications -- Commercial Items (May 2014) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014), FAR 52.217-5 Evaluation of Options (Jul 1990) FAR 52.217-8 Option to Extend Services (Nov 1999) FAR 52.217-9 Option to Extend the Term of Contract (Mar 2000) FAR 52.219-6Notice of Total Small Business Set-Aside (Nov 2011) FAR 52.219-8Utilization of Small Business Concerns (Oct 2014) FAR 52.219-14Limitations on Subcontracting (Nov 2011) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Mar 2012) FAR 52.222-21 Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26 Equal Opportunity (Mar 2007) FAR 52.222-35 Equal Opportunity for Veterans (Jul 2014) FAR 52.222-36 Affirmative Action for Workers with Disabilities (Jul 2014), FAR 52.222-37 Employment Reports on Veterans, (Jul 2014) FAR 52.222-41 Service Contract Act of 1965 (May 2014) FAR 52.222-55Minimum Wages Under Executive Order 13658 FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) FAR 52.232-40Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.232-39Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-3 Continuity of Service (Jan 1991) FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984), FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) FAR 52.247-34FOB Destination VAAR 852.203-70Commercial Advertising (JAN 2008) VAAR 852.215-70 Service-Disabled Veteran Owned/Veteran Owned Small Business Evaluation Factors (DEC 2008) VAAR 852.233-70 Protest Content/Alternative Dispute Resolution (JAN 2008) VAAR 852.233-71 (Alternate Protest Procedure (Jan 1998) VAAR 852.237-70 Contractor Responsibilities (Apr 1984) VAAR 852.270-1 Representatives of Contracting Officers (Jan 2008) VAAR 852.270-70 Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) VAAR 852.273.74 Award without exchanges (Jan 2003) QUOTATION SUBMISSION Offerors shall submit quotes electronically by the date and time in accordance with the Request for Quote instructions. The Offerors quote shall consist of three (3) volumes: Volume I -Technical; Volume II - Past Performance; and Volume III - Price. Offerors responses shall be submitted in accordance with the following instructions: a)Format. The proposal submission shall be clearly indexed and logically assembled. All pages of each index shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. Quote page limitations are applicable to this procurement. The maximum page count is 25. Page size shall be no greater than 8 1/2" x 11" with printing on one side, only. The top, bottom, left and right margins shall be a minimum of one inch (1") each. Font size shall be no smaller than 12-point using Arial, Calibri, or Times New Roman fonts. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers may be within the page margins ONLY, and are not bound by the 12-point font requirement. Footnotes to text shall not be used. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror's page limitations unless otherwise indicated. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions or by exceeding the total page limit for a particular volume, will not be evaluated. Pages not evaluated due to violation of the margin, font or spacing restrictions will not count against the page limitations. The page count will be determined by counting the pages in the order they come up in the print layout view. b)File Packaging. Files may be compressed (zipped) into one file entitled "quote.zip" using a file compression program (i.e. WinZip) or quote files may be submitted individually. c)Content Requirements. The Offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. 52.212-2 Evaluation-Commercial Items (JAN 1999) The Government will award a firm fixed priced contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The contract will be awarded to the Lowest Priced Technically Acceptable (LPTA). The technical evaluation will be a determination based on information furnished by the offeror. The Government is not responsible for locating or securing any information which is not identified in the offer. Technical acceptability is rated as pass or fail based on the following factors: RatingDescription PassProposal clearly meets the minimum requirements of the solicitation. Fail Proposal does not clearly meet the minimum requirements of the solicitation. (a) In order to be rated Technically Acceptable, the offeror shall demonstrate their ability to meet the minimum qualifications below in order to be evaluated. 1.Detailed planned to perform on-site document shredding service for the BPVAHCS outlined in the SOW, to a full understanding of the scope and objectives. 2.Shall list equipment and supplies as required in the Scope of Work. 3.Submit a copy of your NAID Certificate 4.Submit a copy of liability insurance 5.If you plan to sub-contract out part of the work, include what you will do and what your sub-contractor will do and the anticipated percentages of each. You be must be able to comply with limitations on subcontracting clause in FAR52.219-14. (b) Past Performance Offerors shall provide a minimum of three (3) past performance references. Include the reference's name, phone/email and a description of the services provided. Emphasis will be on recent and relevant past performance. Recent is defines as work performed within the last three (3) years. Relevant is defined as work similar in size and scope of work described in PWS. Offerors with no relevant past performance or whom information is not available, shall not be evaluated favorably or unfavorably on past performance. (c) Price The offeror shall complete the Price/Schedule and submit a breakdown that shows the basis for pricing including labor, equipment, operating supplies and any additional costs.
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