36C10E23Q0055 - SHREDDING SERVICES.docx

36C10E23Q0055

PAGE 1 OF

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

36C10E23Q0055 04-12-2023

KIMBERLY TOMASI

401-919-2932 04-24-2023 08:00

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington

DC

20006 X X 561990 $14.5 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration 1800 G Street Washington

DC

20006 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington

DC

20006

All invoices must be emailed to:

http://www.tungsten-network.com/US/en/ veterans-affairs/

See CONTINUATION Page Total SDVOSB set-aside RFQ for shredding services for the Department of Veterans Affairs/VBA - Jackson VA Regional Office, located at 1600 East Woodrow Wilson Avenue, Jackson, MS 39216.

See Section B.2 - Statement of Work See Section B.3 - Price/Cost Schedule Questions are due by Monday, April 17, 2023 @ 8:00 AM, EST.

Quotes are due by Monday, April 24, 2023 @ 08:00 AM, EST.

See CONTINUATION Page x X X

KIMBERLY M. TOMASI

VA-VBA-2020-E4F22765

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10E KIMBERLY M. TOMASI Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

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.

http://www.tungsten-network.com/US/en/veterans-affairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Statement of Work Shredding Services

1. BACKGROUND

The Veterans Benefits Administration (VBA) Department of Veteran Affairs Jackson Regional Office at 1600 E. Woodrow Wilson Ave, Jackson, MS 39216 provides services to Veterans. Subsequently, creating sensitive documentation in the course of carrying out the mission and shall be properly disposed. The VBA requires shredding services for disposal of approximately 10, 000 gallons of material during fiscal year 2023, to include option periods if exercised.

2. SCOPE

The contractor shall provide all labor and equipment required to properly shred materials (which may contain but not limited to folders and, other non-paper materials. Folders and, other non-paper materials are described as - 44 U.S.C. 3301: "Regardless of physical form or characteristics" means that the medium may be paper, film, disk, or another physical type or form. It also means that the method of recording may be manual, mechanical, photographic, electronic, or any combination of these or other technologies.) And shall also be responsible for disposing of all shredded materials in the approximate volume of 10,000 gallons of material per year. All shredding shall take place in accordance with regulations and directives referenced in Section 6.0 and 9.0. The contractor shall provide 5 – 96-gallon secure containers (bins) to collect and store materials to be shredded until such time that shredding of the materials occurs. The 5 bins shall be equipped with wheels, capable of holding an average of 220 lbs. (96 gallon), and possess locking mechanisms (key, combination lock, etc.). Sets of keys and/or combination for the bin locking mechanisms shall be issued to the Veterans Benefits Administration (VBA) Records Management Officer (RMO).

Services

Document Shredding

Mixed Media Shredding

The Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA) has one location that requires shredding services twice a month located at:

Department of Veteran Affairs Jackson Regional Office 1600 East Woodrow Wilson Ave Jackson MS 39216

3. TYPE OF CONTRACT

Firm-fixed price contract.

4. PERIOD OF PERFORMANCE:

The base year period of performance shall be 12 months from date of award with potential of four (4) twelve (12) month option years.

Work at the government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

Contractor shall be required to attend a Pre-Performance meeting prior to the start of work. The Pre- Performance meeting is to ensure that all contractors working at the site described in Section 2.0 have completed the Rules of Behavior TMS course described in Section 8.0 Security / Training. The RMO and Support Services Chief will conduct the meeting and will be discussing initial bin delivery, monthly pick up schedules, confirming that a certificate of destructions to be issued after each job is completed, and what is needed to gain access at the location site described in Section 2.0.

5. PERFORMANCE OUTCOMES – OBJECTIVES

a. The contractor shall arrive with equipment capable of picking up, loading, and on-Site destruction shredding bins at the identified location provided in Section 2.0. Contractor’s owned and operated equipment shall produce crosscut shred particles not larger than 1 mm x 5 mm or pulverize/disintegrate paper materials using disintegrator devices equipped with 3/32-inch security screen.

b. At the conclusion of each shredding service visit, the contractor shall provide validation to the witnessing Government representative either by electronic signature or by providing a “Certificate of Destruction.”

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

d. The RMO will always escort the contractor throughout the building. At no point shall the contractor be by his or herself.

6. CONSTRAINTS

a. Contractor shall be capable of shredding approximately 10,000 pounds per year.

b. Contractor owned and operated equipment shall be capable of cross cutting shred articles to the minimal specifications of 1 mm x 5 mm or pulverize/disintegrate paper materials using disintegrator devices equipped with 3/32-inch security screen.

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

d. 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.

e. 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.

f. 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.

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

h. 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 RMO. An updated listing shall be provided when an employee’s status or information changes. The Contractor has twenty-four hours to inform the RMO, in writing that the employee does not work for them. Due to termination, transfer, suspension, or extended absence from the employer’s duty position. If the employee is reinstated a written notification shall be provided to the RMO.

i. 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.

j. Contractor personnel shall immediately report to the RMO and provide 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.

k. 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.

l. If the RMO 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 shall not be chargeable to the Government.

m. 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 RMO 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.

n. 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 RMO. This restriction applies to all news releases of information to the public, industry, or Government agencies.

o. 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-web-pages, magazines, newspapers, and similar promotions.

7. PLACE OF PERFORMANCE / HOURS OF OPERATION

a. The VBA facilities listed in paragraph Section 2.0 are Federal Government Facilities and require proper identification for all personnel entering the grounds/facilities. Upon contract award, services shall be coordinated between the Jackson VA Regional Office and the contractor.

b. Department of Veteran Affairs Jackson Regional Office 1600 East Woodrow Wilson Ave Jackson MS 39216.

If a Federal Holiday falls on a day scheduled for shredding, the shredding shall resume the next official workday between the scheduled hours as per each location.

Unless directed by the RMO, or Jackson Regional 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 locations by calling his/her direct extension.

8. Changes to the Statement of Work (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.

9. Billing / Invoices Invoices shall be paid monthly, 30 -days in arrears. The contractor shall provide an invoice that shall include:

a. Contract Number

b. Company Name and Address

c. Invoice Date

d. Invoice Number (Note: Each invoice must have a different Invoice Number)

e. Description of items/services provided as well as referencing the appropriate Contract Line-Item Number (CLIN). This way the proper CLIN can be billed for the Invoice.

f. Terms for any discount for prompt payment

g. Name, title, and phone number of the company point of contact to notify in case of a defective invoice

10. Holidays Work at the government site shall not take place on Federal holidays or weekends. There are ten (10) Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date:

· New Year's Day January 1

· Juneteenth June 19

· Independence Day July 4

· Veterans Day November 11

· Christmas Day December 25 If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday. The other six are set by a day of the week and month:

· Martin Luther King's Birthday Third Monday in January

· Washington's Birthday Third Monday in February

· Memorial Day Last Monday in May

· Labor Day First Monday in September

· Columbus Day Second Monday in October

· Thanksgiving Fourth Thursday in November

11. Government Points of Contact

COR-TBD

Contracting Officer-TBD

12. 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 shall follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6, Contract Security which are available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

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: http://www1.va.gov/vhapublications/index.cfm. 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 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 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 systems.

· 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 RMO 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 RMO must provide the contractor with the appropriate information to complete self-enrollment. Technical issues with TMS shall 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.

If it is determined that a background investigation is required, the following language shall 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 dated September 10, 2004, and is available at http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FType=2 Background Investigation The contract employee level of background investigation required for this effort is: NACI Contractor Responsibilities

1. Immediately after contract or task order award, the RMO must provide the Contractor with the following background investigation documents to be completed by the Contractor and returned to the RMO 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

2. Upon receipt of the above-stated documents from the RMO, the Support Services Division (SSD) will perform preliminary onboarding review and process the request through the SIC. Upon notification of favorable fingerprint results by the SSD, the contractor shall 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 RMO 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:

a. The SSD has confirmed favorable fingerprint results, or

b. 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

c. SSD or the SIC has confirmed that the verified investigation will be reciprocated.

6. The RMO 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 shall result in termination of the contract for default.

7. The Contractor shall 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 shall 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).

10. Contractor shall ensure personally-identifiable information (PII) and other sensitive temporary records are handled in a secure manner. At a minimum, this contract shall require documentation that any contractor who will handle the records until final destruction is completed, is bonded, insured, National Association for Information Destruction (NAID) certified for paper/printed media destruction and can provide reasonable physical safeguards for the data throughout the destruction process.

Government Responsibilities

1. 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.

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

3. 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.

4. The RMO will notify and forward the Contractor a copy of the Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The RMO 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 RMO 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, application source code, and other material deemed relevant by the VA which has 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 RMO at the conclusion of the task order.

2. The RMO 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 RMO 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 RMO.

TECHNICAL ATTACHMENTS

VA Directive 6371, Destruction of Temporary Paper Records VA Handbook 6300.1, Records Management Procedures VA Directive 6300, Records, and Information Management

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Bi-weekly - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Four (4) - 96-gallon bins.

Contract Period: Base POP Begin: 05-01-2023 POP End: 04-30-2024 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

Semi-Annual - Mix Media - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

One (1) - 96-gallon bin.

Contract Period: Base POP Begin: 05-01-2023 POP End: 04-30-2024

Bi-weekly - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 05-01-2024 POP End: 04-30-2025

Semi-Annual - Mix Media - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 1 POP Begin: 05-01-2024 POP End: 04-30-2025

Bi-weekly - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 2 POP Begin: 05-01-2025 POP End: 04-30-2026

Semi-Annual - Mix Media - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 2 POP Begin: 05-01-2025 POP End: 04-30-2026

Bi-weekly - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 3 POP Begin: 05-01-2026 POP End: 04-30-2027

Semi-Annual - Mix Media - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 3 POP Begin: 05-01-2026 POP End: 04-30-2027

Bi-weekly - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 4 POP Begin: 05-01-2027 POP End: 04-30-2028

Semi-Annual - Mix Media - On-site Secure Document Destruction Services (Shredding Services) - Located at the Jackson VA Regional Office in accordance with the Statement of Work.

Contract Period: Option 4 POP Begin: 05-01-2027 POP End: 04-30-2028

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) 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.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…