Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

COMBINED SYNOPSIS SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information include... COMBINED SYNOPSIS SOLICITATION This is a combined synopsis/solicitation for commercial items 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. The government anticipates award of a single firm fixed price contract. A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer. The government intends to award without discussion. Solicitation 36C10E19Q0268 is issued as a request for quote (RFQ). The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-99A, effective June 15, 2018. The combined synopsis/solicitation is set aside for Service Disabled Veteran Owned Small Business Concerns. Only quotes submitted by Disabled Veteran Owned Small Business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a verified Service Disabled Veteran Owned Small Business in VIP will not be considered for award. The applicable NAICS Code for this solicitation is 561990 and the Small Business Size limitation is $11M. Offers from SDVOSB concerns must be registered and verified in the Center for Verification and Evaluation (CVE) Vendor Information Pages (VIP) website at https://www.vip.vetbiz.gov/ at the time and date set for receipt of offers and at the time and date of award to be considered for award. Offers from SDVOSB concerns that are not registered in VIP shall be rejected as non-responsive and shall not be considered for award. The contractor shall provide all equipment, services, material, tools, labor, facilities transportation and supervision to for the destruction of documents. FOB Destination pricing to include most favored customer discounts. Wage Determination: WD 15-4316 (Rev.9) 07/16/2019. Pricing considering should factor in consideration for final destruction of shredded documents and media by the contractor. Please provide all requested information and pricing for all CLIN as shown: Company Name: Company DUNS Number: Company Tax ID Number: Point of Contact: Telephone: SCHEDULE PAGE RFQ 36C10E19Q0008 Item Number Description Ref CLIN Pop Begin Pop End Quantity Unit of Measure 0001 Weekly Shredding Services in accordance with SOW Â 09/29/19 09/28/20 12 MO 0002 Base Year: Thumb drive and CD Destruction ***Estimated Price, As Needed Service*** Â 09/29/19 09/28/20 4 JB 0003 Base Year: File Folder Retirement/excess shred job ***Estimated Price, As Needed Service*** Â 09/29/19 09/28/20 4 JB 1001 Option Year One Weekly Shredding Services in accordance with SOW Â 09/29/20 09/28/21 12 MO 1002 Option Year One: Thumb drive and CD Destruction ***Estimated Price, As Needed Service*** Â 09/29/20 09/28/21 4 JB 1003 Option Year One: File Folder Retirement/excess shred job ***Estimated Price, As Needed Service*** Â 09/29/20 09/28/21 4 JB 2001 Option Year Two Weekly Shredding Services in accordance with SOW Â 09/29/21 09/28/22 12 MO 2002 Option Year Two: Thumb drive and CD Destruction ***Estimated Price, As Needed Service*** Â 09/29/21 09/28/22 4 JB 2003 Option Year Two: File Folder Retirement/excess shred job ***Estimated Price, As Needed Service*** Â 09/29/21 09/28/22 4 JB 3001 Option Year Three Weekly Shredding Services in accordance with SOW Â 09/29/22 09/28/23 12 MO 3002 Option Year Three: Thumb drive and CD Destruction ***Estimated Price, As Needed Service*** Â 09/29/22 09/28/23 4 JB 3003 Option Year Three: File Folder Retirement/excess shred job ***Estimated Price, As Needed Service*** Â 09/28/22 09/28/23 4 JB 4001 Option Year Four Weekly Shredding Services in accordance with SOW Â 09/29/23 09/28/24 12 MO 4002 Option Year Four: Thumb drive and CD Destruction ***Estimated Price, As Needed Service*** Â 09/29/23 09/28/24 4 JB 4003 Option Year Four: File Folder Retirement/excess shred job ***Estimated Price, As Needed Service*** Â 09/28/22 09/28/23 4 JB Total: B.2 STATEMENT OF WORK The Contractor shall provide on-site shredding services of paper documents 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 services on-site at the Poff Federal Building in Roanoke VA. 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 Point of Contact (POC) and/or 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. General Conditions: Contractor shall provide on-site shredding of paper at time of service; Contractor shall provide 7each 65-gallon 250-pound capacity rolling bins with padlock, locking capability which the VARO will supply the locks. 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; Contractor shall sign Contractor Rules of Behavior (Appendix E) for safeguarding VA sensitive information and submit a signed copy to the Contracting Officer prior to commencement of contract performance. Contractor shall have all employees that handle VA sensitive information under this Contract sign the Contractor Rules of Behavior annually; The Contractor shall have all employees that handle VA sensitive information (minimum of two employees) first complete all assigned mandatory training. Required courses are accessed via the VA Talent Management System (TMS). To access the TMS, you must first create a TMS user profile. Once they have created a user profile, they will see the list of mandatory training and the date(s) by which it must be completed. In order to access the TMS you must use one of the following browsers: Internet Explorer (7.0 to 11.0) Mozilla Firefox (3.6.x.x and above) Safari on Mac (6.0 and above) Google Chrome (23.0.x.x and above) ii. To ensure that the training courses operate correctly, the system must also have the following software installed and enabled: Flash player version 10.0.0 and above Adobe Reader 9.0 and above 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; 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. Billing and Destruction Certification: Contractor will provide the VA Support Services Division with a weekly destruction certification and monthly detailed invoices. Weekly destruction certification of bins or medium destroyed. Date, time, and location service(s) were provided. Destruction certificate and invoice numbers Contract and Obligation number Total weekly charge(s) detailed and outlined (Point of Contact) Department of Veterans Affairs Regional Office: Name: Tim Puckett Phone: (540) 597-1148 E-Mail: tim.puckett@va.gov Title: Records Management Officer (RMO) Name: Daniel Jones Phone: (540) 597-1134 E-Mail: daniel.l.jones@va.gov Title: Support Services Specialist Point Of Contact (POC) Directives: The Contractor shall comply with all security requirements imposed by the installation commander at all times while on the installation. Contractor personnel involved in civil crimes and/or other incidents of misconduct may be restricted from entry onto the installation. 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. 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 455 gallons each week; The contractor shall coordinate weekly pick-up service with 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) and/or Record Management Technician (RMT); 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 certificate of destruction and billing invoice calculating the charge shall be prepared and emailed to the RMO and POC. There must be one employee and a backup employee with all the necessary training and clearances completed prior to the start of the contract. Performance Details: Place of Performance Number of Containers Size of containers Poff Federal Building, 210 Franklin Street SW, Roanoke, VA 24011 7 65 gallons Performance Schedule: The period of performance is to contain one base period and four option years available. Please see price schedule for details. Hours of Operation: Service at the Poff Federal building may be provided between the hours of 7:00am and 4:00pm Monday through Friday except during holidays. The Service providers shall not attempt to arrive sooner than 7:00am. 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. Term of Contract: The base period of performance will be from the date of award through twelve consecutive months and options will be for 12-month periods. The contract has four, one-year option periods that may be exercised unilaterally by the Government. No services are to be performed after the expiration date of each contract period unless written authorization is furnished by the Contracting Officer. Invoices will be billed for what is shredded at time of shredding and not for the total number of bins. (Example if 5 bins are shredded the invoice will be charged for 5 bins not 7 bins.) To remove any confusion when submitting a quote vendors will quote a price for 7 bins, in order to have equal quote tabulation. XII. Contractor Personnel Security a. 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. b. 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. XIII.Background Investigation The level of background investigation and clearance required for this effort is NACI. Work may not commence until the appropriate background investigation has commenced. a. Contractor Responsibilities: 1) The Contractor shall bear the expense of obtaining background investigations. The cost of the background investigations is as follows: Low Risk (NACI) $279 and a reciprocal investigation are $30 until September 30, 2014. VA will pay for investigations processed through the VA SIC and conducted by the Office of Personnel Management (OPM) in advance, however, the Contractor shall reimburse the full cost of background investigations to VA within 30 days of Bill of Collections from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs. 2) Immediately after Contract Award or issuance of a Task Order, the Contractor must submit a completed Attachment A (VBA Contractor Background Investigation Request Worksheet), Attachment B (OPM Optional Form 306) and Attachment C (Self Certification) for all individuals working under the contract, who have access to VA facilities, VA systems, or privacy data, to the Contracting Officer. 3) The Contractor and Contractor point of contact (POC) will receive an email notification from SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. Reminder notifications will be sent if the complete package is not submitted by the due date. Contractors are required to be fingerprinted as part of the clearance application process. Contractors can be electronically fingerprinted at their local VA (if available) or opt to use the local police department or sheriff s office. Only use of FD258 fingerprint cards are authorized and may be requested of the SIC. All costs associated with fingerprinting are the responsibility of the Contractor. 4) 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. 5) Contractors who have current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. However, it does not preclude the Contractor from submitting a completed Attachment A, B & C forms immediately after contract award for all individuals working the contract to the Contracting Officer. 6) Contract performance shall not commence before SIC confirmation that it received the investigative documents, that they are complete, and a VA official has checked the PIPS system to ensure the investigative documents have been favorably adjudicated SAC or Closed, No Issues. Once the VA Officer has confirmed validity of the investigation in the PIPS system, contract performance may commence. The Contracting Officer will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) to the Contractor when the investigation has been favorably completed and adjudicated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the individual from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default. XIV.Government Responsibilities 1) After the Contracting Officer has received Attachment A, B and C forms from the Contractor, SIC will send an e-mail notification to the Contractor and their POC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. SIC will also send reminder notifications to the Contractor and their POC if the complete package is not submitted by the due date. 2) Upon receipt of required investigative documents, SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation. If the investigative documents are not complete, SIC will return the package to the Contractor with corrective instructions. 3) VA will pay for investigations processed through the VA SIC and conducted by OPM in advance; however, the Contractor shall reimburse the full cost of background investigations to VA within 30 days of Bill of Collections from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs and may be considered grounds for default. 4) The Contracting Officer will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) when the investigation has been favorably completed and adjudicated. The Contracting Officer will also notify the Contractor of an unfavorable adjudication by the Government. XV.Training a. All Contractor and sub-contractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks: 1) Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems. (Attachment D) 2) Successfully complete any cyber security or privacy training as required for VA personnel with equivalent information and/or system access. b. The Contractor shall provide to the Contracting Officer a copy of the training certificates and signed Rules of Behavior for each applicable employee within 30 days from the date TMS access is granted and annually thereafter, as required. These online courses are located at https://www.tms.va.gov/learning/user/login.jsp c. Failure to complete the mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until the training is completed. XVI. 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/vapubsn 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 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 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 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 follow 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 during 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 enough 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/s...