36C10D24Q0050_2.docx

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

VA

36C10D24Q0050 01-31-2024 Afia Monteaperto 848-377-5187 02-19-2024

5:00 PM

EST

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006 X X 561990 $16.5 Million N/A X Department of Veterans Affairs Veterans Benefits Administration Cleveland Regional Office 1240 E. Ninth St.

Cleveland

OH

44199 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

See invoice instructions in Section A 3:

See CONTINUATION Page Document Destruction Services See CONTINUATION Page X X X Jorge Martin Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

A.3 INVOICE INSTRUCTIONS

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made upon delivery and acceptance in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract Number.

All invoices need to also be submitted using the same line-item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

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SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity.

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity.

Contract Period: Option 1 POP Begin: 04-01-2025 POP End: 03-31-2026

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity.

Contract Period: Option 2 POP Begin: 04-01-2026 POP End: 03-31-2027

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity.

Contract Period: Option 3 POP Begin: 04-01-2027 POP End: 03-31-2028

The Contractor shall provide Document Destruction Services per the attached Statement of Work. Estimated Quantity.

Contract Period: Option 4 POP Begin: 04-01-2028 POP End: 03-31-2029

NOTE: Any quantities that are stated as estimated quantities are not-to-exceed line items. The contractor shall only be paid for actual quantities/services rendered. No adjustment to quantities, estimated or otherwise, shall be made without an official purchase order modification. The schedule represents the quantities estimated to be ordered over the delivery period. If the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, the contracting officer will consider an adjustment in the purchase order price, which may be executed with a unilateral modification.

36C10D24Q0050

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B.2 STATEMENT OF WORK

BACKGROUND

The Veterans Benefits Administration (VBA) provides services to Veterans. Subsequently, creating sensitive documentation in the course of carrying out the mission and must be properly disposed of in accordance with Department of Veterans Affairs (VA) Directive 6371. The contractor shall provide biweekly scheduled onsite service during normal working hours of at least 6 bins/up to 20 bins every other Thursday, between 8AM -11AM, except for Federal Holidays for the Department of Veterans Affairs- Cleveland Regional Office located at 1240 East Ninth Street, Cleveland, OH 44199.

SCOPE

The contractor shall provide all labor and equipment required to properly shred materials (which may contain but not limited to carbon, folders and, other non-paper materials) and shall also be responsible for disposing of all shredded materials in the estimated amount of 144 (96 gallon) bins per year. All shredding shall take place in accordance with regulations and directives referenced in Section 6.0 and, the contractor shall provide secure containers (bins) to collect and store materials to be shredded until such time that shredding of the materials occurs. The contractor shall provide bins that have four 360-degree rotating wheels located at the bottom of each bin, capable of holding an average of 350 lbs., and possess locking mechanisms (key, combination lock, etc.). Sets of keys and/or combination for the bin locking mechanisms will be issued to the Veterans Benefits Administration (VBA) Records Management Officer (RMO), and the Chief, Office of Administration.

The Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA) has one location that will be requiring shredding services, (a total of 20, 96-gallon bins) located at:

· Veterans Benefits Administration Cleveland Regional Office 1240 East Ninth Street Cleveland, Ohio 44199

TYPE OF CONTRACT:

This is a firm fixed-priced, Task Order and was designated at 100% Service-Disabled Veteran Owned Small Business (SDVOSB). Meaning only SDVOSBs who are certified on www.VetBiz.gov were considered for this acquisition pursuant to authority 38 USC 8127. Contracting Officers cannot award a contract under this authority unless they have confirmed the SDVOSB has been verified and registered on vetbiz.gov VIP database available at www.vetbiz.gov. The RFQ sough quotes from vendors on GSA Multiple Award Schedule (MAS), Office Management-Document Services, Category 561990-Document Destruction Services.

PERIOD OF PERFORMANCE:

Base year and four consecutive option years.

TASKS:

· The contractor shall provide and maintain a quantity of twenty (20)-96 gallon secured bins with four (4) 360-degree rotating wheels located on the bottom of each bin to be located at the VARO, 1240 E. 9th Street, Cleveland, OH 44199. The VARO will decide the specific locations for the bins and may change these locations anytime during the period of this contract. Eighteen (18) bins will be for paper documents and two (2) bins will be for CD’s.

· The contractor shall arrive with equipment capable of picking up, loading, and transporting all shredding bins at the identified premises and shred onsite at a government designated area as provided in Section 2.0.

· At the conclusion of each on-site shredding service visit, the contractor will provide validation to the witnessing Government representative either by electronic signature or by providing a Certificate of Destruction (COD) that denote whether the shred is interim or final as well as requiring the contractor to assume all legal responsibility once documents are deposited into the shred truck.

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· At the end of each calendar month, the contractor shall provide the RMO with an invoice detailing the number of bins that were collected, and date(s) the shredding services was performed.

CONSTRAINTS:

· Contractor shall be capable of shredding approximately 9100 pounds per year.

· RMO shall make unannounced visits to the Contractor’s facilities or other locations that are used by the contractor for completing the services requested.

· Subject to criminal prosecution, contractor personnel shall comply with all manner of confidentiality when engaging in the destruction of any and all VBA temporary records. As per attachment, VA Directive 6371, Destruction of Temporary Paper Records.

· Any Contractor personnel found to be reading any VBA material shall be promptly removed from the premises where the job is being performed, and the person(s) involved shall not be allowed to have access to any future service requests at VBA locations.

· The Contractor shall adhere to the VBA policies applicable to all record destruction as outlined in VA Handbook 6300, Records and Information Management, VA Directive 6371, Destruction of Temporary Paper Records, and VBA Directive 6300, Records and Information Management. These guidelines are designed to protect sensitive and private information from being disclosed to unauthorized parties and adhere to the Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA), Privacy rules and regulations. Examples of sensitive information include but not limited to: personal identifiable information (PII), personal health information (PHI), benefits, VBA sensitive information, personnel and or personal information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information.

· The contractor shall provide a contingency plan for instances where equipment malfunction occurs during the shredding process within twenty-four work hours.

· Contractor shall maintain a current listing of employees. The list shall include the employee’s name, address, phone number, level of security, and position held. The list shall be validated and signed by the company Facility Security Officer and provided to the Contracting Officer Representative (COR). An updated listing shall be provided when an employee’s status or information changes. The Contractor has twenty-four hours to inform the COR, in writing that the employee does not work for them unless: i.e. due to termination, transfer, suspension, or extended absence from the employer’s duty position. If the employee is reinstated a written notification must be provided to the COR.

· Contractor and Staff shall comply with Homeland Security Presidential Directive-12 (HSPD-12), NIST 800-53, Office of Management and Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing standards Publication (FIPS PUB) Number 201, as amended.

· Contractor personnel shall immediately report to the COR any information or circumstances of which they are aware may pose a threat to the security of Department of Veterans Affairs’ personnel, Contractor personnel, resources, classified, and unclassified information.

· Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or their contractor-owned or privately owned vehicle while on VBA premises and locations.

· If the COR finds it in the best interest of the Government he/she may at any time during the performance of this contract may order the Contractor to remove any of his/her personnel from further performance under this contract for reasons of their moral character, unethical conduct, security reasons and violation of on-site building rules. In the event that it becomes necessary to replace any Contractor personnel for any of the above reasons, the Contractor shall bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. These charges will not be chargeable to the Government.

· In the event of an accident on the Department of Veterans Affairs premises or locations involving Government personnel or property, the Contractor shall submit a report immediately to the COR in a company letterhead that shall include the following: (1) the time and date of occurrence; (2) the place of occurrence; (3) a list of personnel directly involves; and (4) a narrative or description of the accident to include chronological order of the accident and circumstances.

· The Contractor shall not hold any discussions or release any information related to the contract to anyone not having a direct interest in performance of this contract, without written consent of the COR. This restriction applies to all news releases of information to the public, industry, or Government agencies.

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· The Contractor shall not advertise information about projects performed for this contract without Government review and approval. Advertisement is considered but not limited to promotional brochures, posters, tradeshow handouts, world-wide-webpages, magazines, newspapers, and similar promotions.

· The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under the contract, and require written subcontractor acknowledgment of same.

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

PLACE OF PERFORMANCE:

Service will be performed in the dock area outside of the facility. Bins will be taken by Records Management Personnel to the dock located on the Southside of the facility. Records Management personnel will monitor services rendered on-site.

· Department of Veterans Affairs, Veterans Benefits Administration, Support Services Division, Cleveland Regional Office, 1240 East Ninth Street, Cleveland, Ohio 44199.

If a Federal Holiday falls on a day scheduled for shredding, the shredding will resume the next official workday between the scheduled hours as per each location. All additional service requests shall be accomplished within forty-eight hours after the contractor has been notified by VBA.

Unless directed through coordination with the Station Regional Office, program office or assigned COR if appointed by the contracting Office, work at the site shall not take place on Federal Holidays or weekends.

Driver shall contact the RMO or designated representative at least one hour prior to arrival at the shred material pick up location.

SECURITY:

General

All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6, Contract Security which are available at: https://vaww.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place. C&A requirements do not apply, and a Security Accreditation Package is not required.

Access to VA Information and VA Information Systems

VA will supply the Contractor with the minimum logical (technical) and/or physical access to VA information and VA information systems for employees, sub-contractors: (1) to perform the services specified in the contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of the contract, and (3) for individuals who first satisfy the same conditions, requirements, and restrictions that comparable VA employees must meet to have access to the same type of VA information. All Contractors and subcontractors working with VA Sensitive Information are subject to the same investigative requirements as those of regular VA appointees or employees who have access to the same types of information. The level of background security investigation will be in accordance with VA Directive 0710, Handbook 0710, which are available at: http://www1.va.gov/vapubs, and VHA Directive 0710 and Implementation Handbook 0710.01, which are available at: https://vaww.va.gov/vapubs/. Contractors are responsible for screening their employees. The following are VA's approved policy exceptions for meeting VA background screenings/investigative requirements for certain types of Contractor personnel:

· Contractor personnel not accessing VA information resources, such as personnel hired to

Page 1 of Page 1 of maintain the medical facility grounds, construction contracts, utility system contractors, etc.

· Contractor personnel with limited and intermittent access to equipment connected to networks on which no VA sensitive information resides

· Contractor personnel with limited and intermittent access to equipment connected to networks on which limited VA sensitive information resides and with limited and intermittent access to facilities at which they are escorted Training-Not applicable

All Contractor and subcontractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks:

· Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information

· Successfully complete VA Information Security Awareness training and annual refresher training as required

· Successfully complete VA Privacy Awareness training and annual refresher training as required

· Successfully complete any additional Information Security or Privacy training as required for VA personnel with equivalent information system access

The Contractor shall provide to the COR a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. These online courses are located at www.tms.va.gov. To self-enroll, click the “Create New User” button on the red bar and complete the assigned training. The COR will provide the contractor with the appropriate information to complete self-enrollment.

Technical issues with TMS should be directed to the TMS help desk at vatmshelp@va.gov or 1.866.496.0463. Failure to complete this 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 such time as the training is completed.

NOTE to CO: If it is determined that a background investigation is required, the following language should be included, in its’ entirety.

Contractor Personnel Security

All contract employees who require access to the VA site(s) 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 subcontractor personnel requiring the same level of Background Investigation. The level of background security investigation will be in accordance with VA Directive 0710 and is available at https://vaww.va.gov/vapubs/

Background Investigation Not Applicable

The contract employee level of background investigation required for this effort is: NACI Contractor Responsibilities-Not applicable

1. Immediately after contract or task order award, the COR will provide the Contractor with the following background investigation documents to be completed by the Contractor and returned to the COR to begin the background investigation process for all contract employees working on the contract who will have access to VA facilities, VA systems, or privacy data:

a. Background Investigation Request Worksheet

b. Optional Form 306 – Declaration of Federal Employment

c. Fingerprint Request Form

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2. Upon receipt of the above-stated documents from the COR, the VSC will perform preliminary onboarding review and process the request through the SIC. Upon notification of favorable fingerprint results by the VSC, the contractor may begin work while the background investigation is ongoing. Thereafter, the Contractor will receive an email notification from the SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process in the Electronic Questionnaires for Investigations Processing (e-QIP) system. E-QIP is an online, Internet accessible system where the contractor employee shall complete the security questionnaire required for OPM to process the background investigation.

3. Contractors who have a current favorable background investigation previously conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. When a previous clearance is currently held, it does not preclude the vendor from submitting a complete Background Investigation Package as stated above to the COR immediately after contract or task order award for all contract employees who will be working on the contract.

4. The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak and understand the English language.

5. Contract performance shall not commence before:

· The VSC has confirmed favorable fingerprint results, or

· SIC confirms that it has received the Contractor’s investigative documents, the documents are complete, and that the investigation information has been released to OPM for scheduling of the background investigation, or

· VSC or the SIC has confirmed that the verified investigation will be reciprocated.

6. The COR will notify and forward the Contractor a copy of the Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee 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.

7. The Contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident.

8. Should the Contractor use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be granted.

9. The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO).

Government Responsibilities -If applicable, will be coordinated with Program Manager

1. The Government shall bear the expense of obtaining background investigations or reciprocals of previous investigations held that meet or exceed the required investigation level. VA will pay for investigations or reciprocals processed through the VA SIC and conducted by OPM in advance.

2. After the SIC has adjudicated the background investigation package from the Contractor, the SIC will send an e-mail notification to the Contractor and their POC identifying the e-QIP website link that includes detailed instructions regarding completion of the background clearance application process and the level of background that was requested.

3. Upon receipt of required investigative documents, SIC will review the investigative documents for

Page 1 of Page 1 of 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, the SIC will notify the vendor of deficiencies and include corrective instructions.

4. VA will pay for investigations and reciprocals processed through the VA SIC and conducted by OPM in advance, however, the Contractor shall reimburse the full cost of background investigations/reciprocals 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.

5. The COR will notify and forward the Contractor a copy of the Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The COR will also notify the Contractor of an unfavorable adjudication by the Government.

Security Incident Investigation:

The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action the breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR 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.

CONFIDENTIALITY AND NONDISCLOSURE:

It is agreed that:

1. The preliminary and final deliverables and all associated working papers and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the COR at the conclusion of the task order.

2. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

4. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

5. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

6. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

7. VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal

Page 1 of Page 1 of records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

8. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

9. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

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

11. The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

12. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The Department of Veteran Affairs owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which The Department of Veteran Affairs shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

13. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

APPLICABLE DOCUMENTS:

See attached documents which are incorporated in the resulting Task Order to ensure appropriate security controls are in place.

VA Directive 0710, Personnel Suitability, and Security Program VA Directive 6371, Destruction of Temporary Paper Records VA Handbook 6300.1, Records Management Procedures VA Directive 6300, Records, and Information Management VA Handbook 6500.6, Contract Security, Appendix C

CHANGES TO THE SOW

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years.

(End of Clause)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the…