36C24118Q0292-001.docx

36C24118Q0269

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

608-18-3-4808-0180 36C24118Q0292 04-16-2018 Johanne Menard 413-584-4040 X6343 05-04-2018 8:00 am 00241 Department of Veterans Affairs

VA CENTRAL WESTERN MASSACHUSETTS HCS

Acquisitions-90 421 North Main Street Leeds MA 01053-9764 X Y 561990 $11 Million X N/A X Department of Veterans Affairs VA Manchester Medical Center 718 Smyth Road Manchester NH 03104 00241 Department of Veterans Affairs VA Central Western Massachusetts HCS Acquisitions-90 421 North Main Street Leeds MA 01053-9764

All invoices from the contractor shall be submitted electronically as per VAAR Clause 852.232-72 Electronic Submission of Payment Request http://www.fsc.va.gov/einvoice.asp 877-353-9791 See CONTINUATION Page This solicitation is a request for quote (RFQ) for shredding services for the VA Manchester Healthcare System.Government intends to award a firm fixed price purchase order with one base year plus 4 possible option years. Contractor shall provide all necessary personnel, supervision, labor, equipment , materials, & disposal necessary to provide shredding services to 6 New Hampshire locations pursuant to Statement of Work.

Quoters should carefully follow instructions included in 52.212-1 & for evaluation criteria specified in Section E (52.212-2 & Basis for Award).

Pricing should be identified in B.2 Price/Cost Schedule attached to the RFQ.

Multiple Wage Determinations apply.

See Section D.

All quotes shall be emailed to Craig.Harris@va.gov no later than 8am on 5/4/18.

Non-compliant quotes will not be considered.

See CONTINUATION Page 608-3680162-4808-853300-2542 0100C10X3 X X X

JOHANNE MENARD

Contracting Officer 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:

b. GOVERNMENT: Contracting Officer 36C241

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.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

STATEMENT OF WORK

FOR

DOCUMENT DESTRUCTION-SHREDDING SERVICES

MANCHESTER VA MEDICAL CENTER

36C241-18-Q-0292

Description of Services: The Contractor shall provide document destruction services for Government- provided documents, containing classified, sensitive confidential and medical records. Destruction of classified and patient privacy information will be accomplished at the Manchester VA Medical Center through the use of a vehicle equipped for mobile shredding. Work is to be accomplished by bonded employees. Contractor is responsible for maintaining liability insurance for the duration of the contract and for following all pertinent federal and state regulations with regard to transportation and destruction of classified medical documentation. All security waste shall be shredded on-site and removed from the Manchester VA Medical Center premises and transported to an appropriate location to be recycled. During shredding the waste material must be maintained in a secured container in a secured holding area, which will prevent any disclosure or unauthorized access. The destruction of the information must be witnessed either by a VA employee or, if authorized by the VA, by a contractor employee. The Manchester VA Medical Center shall not be required to separate documents by color or grade of paper, nor remove paper clips and other fasteners. Contractor shall furnish keys for the containers provided under this contract. Each container provided shall have information on it listing the acceptable and non-acceptable items that may be placed inside. No guarantees are made to the estimated number of Pick-Ups listed.

1. GENERAL REQUIREMENTS.

a) Provide 64 gallon, lockable, wheeled totes that have a slot in the top to accept all materials to be shredded. These totes are to be provided at no charge. Estimated Quantity is 12.

b) Provide 36" tall front feed lockable consoles. These consoles are to be provided at no charge. Estimated quantity is 84.

c) Pick up, the exact location, and scheduling for all shredding services will be coordinated with the Government Point of Contact (GPOC) prior to commencement.

d) Removal of sensitive materials/records for shredding and destruction.

With the exception of the Manchester VA Medical Center, all Government locations are leased. Due to varying lease expiration dates with the potential for locations to move, the lease locations are fluid and may be subject to change but will remain in the same general area. The following is a listing of the Government sites participating and their locations:

Manchester VA Medical Center (every two weeks) 718 Smyth Road Manchester, NH 03104 603-624-4366 x6090

Somersworth VA CBOC (every two weeks) 200 Route 108 Somersworth, NH 03878 603-624-4366 x5710

Tilton VA CBOC (every four weeks) 630 West Main Street Suite 400 Tilton, NH 03276 603-624-4366 x5620

Conway VA CBOC (Every four weeks) 71 Hobbs Street Suite 304 Conway, NH 03818 603-624-4366 x5313

Portsmouth VA CBOC (Every two weeks) 302 Newmarket Street Portsmouth, NH 03803 603-624-4366 x 5501

Brady Sullivan Building Lease Space (Every two weeks) 1750 Elm Street Suites 112 and 105 Manchester, NH 03104 603-624-4366 x6090

e) The Contnactor will provide a written "Certificate of Destruction" to the GPOC weekly to provide verification of the destruction of the contents of all containers and receptacles referenced.

f) The numbers of Wheeled Totes and drop off stations are estimates based on current requirements. The Wheeled Totes and Drop off stations needed may be increased, or decreased due to the changes in the amount of shredding services required. There will be no charge or contract modifications for changes in the number of consoles up to a maximum total quantity of 100. Additional pick-ups may be required at more frequent intervals, and will be determined/discussed between the Contractor/GPOC as the need arises.

g) Prior to commencing performances of this service, the Contractor will submit a Contingency Plan that includes detailed procedures that will be used in the advent of equipment failure, or any other situations that prevent adherence to the planned schedule of performance, or requirements of this contract.

h) Contractor shall shred documents in accordance with shredding specifications outlined in most recent VA Directive 6371 guidelines.

2. Hours of Operation:

a) Normal Hours: The normal hours of operations at the Manchester VA Medical Center and its leased locations are Monday through Friday from 8:00 am to 4:30 pm, excluding holidays. All work and services will be performed during normal hours of coverage and will be during the time period agreed upon with the GPOC. There should be the capacity to start shredding at 7:00 or 7:30 am up to 4:00 pm, depending on volume. This will be communicated ahead of time by the GPOC.

b) If a scheduled day for services falls on a Federal Holiday the contractor will provide services the following day or a day previous agreed upon with the GPOC. Federal Holidays observed by VAMC:

c) Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

d) When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

3. Quality Control: The contractor is responsible for developing and maintaining a quality assurance program to ensure On-site Document Destruction. Shredding Services are performed in accordance with commonly accepted commercial practices. The contractor is responsible for developing and implementing procedures to identify, prevent, and ensure non-recurrence of defective services.

4. Quality Assurance: The government will periodically evaluate the contractor's performance by having the Contracting Officer (CO) or GPOC monitor performance to ensure services are received. The GPOC will evaluate the contractor's performance through intermittent on-site inspections of the contractor's performance and receipt of complaints from facility personnel. The government is responsible for validating customer/facility complaints.

5. Cancellation: The government may terminate this agreement or remove any component from the agreement with thirty days prior written notice to the Contractor.

6. Note: No work other than that called for in this contract is authorized. The Contracting Officer is the only person authorized to enact changes/additions to this contract.

7. Payment: Payments will be made monthly, in arrears, upon successful completion of the above listed requirements and after submission of a record of all services performed, and the receipt of properly prepared Certificates of Destruction and invoiced electronically. A properly prepared invoice shall include at a minimum, the Purchase Order Number, the Contract Number and the period of performance relative to the invoice.

8. Privacy/Security: The Contractor will observe and comply with the VA rules of Conduct and Standards. Contractor is responsible for ensuring all employees coming on station have read and are familiar with VHA Privacy Policy Training. (To be supplied by Privacy Officer.) Official notification of such will be sent to the GPOC. The Contractor will also need to be escorted on station during services until official Government background investigation has been done on Contract employee/s.

a) Privacy Act Documents: The contractor understands and agrees that property obtained under this contract may contain records previously maintained as a system of records subject to the Privacy Act. The contractor is subject to the provisions of the Privacy Act and is responsible for compliance with its provisions with respect to the handling and disposal of protected information. Additionally, all document destruction and documentation will be as required by the Health Insurance Portability and Accountability Act (HIPAA).

b) HIPAA Compliance: Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIP AA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (V A). In accordance with HIP AA, the Contractor will be required to enter into a Business Associate Agreement (BAA) with VA.

c) Document Destruction Reports. Document destruction reports will be submitted to the GPOC within 48 hours of pickup and will include the information required to meet HIP AA requirements. At a minimum the report will include:

- Date of document pickup.

- Weight/tonnage picked up.

- Date of Destruction.

- Method of Destruction.

- Description of the disposed records: Confidential documents.

- Statement that the documents were received secured.

- Statement that the documents were destroyed in the normal course of business.

- The signature of the individuals supervising and witnessing the destruction.

9. Contractor Personnel: The Contractor shall provide qualified employees. The Contractor shall be required to comply with all security requirements of the VAMC. The Contractor is responsible for ensuring all employees possess all required licenses for operating all equipment used in the execution of this contract. The Contractor shall be responsible for coordinating with the GPOC and providing all information required of him or his employees for performance of work. The Contractor will be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work. Contractor personnel must wear a common uniform or identification with the contractor's name printed in neat and professional manner so as to be easily visible and readable.

10. Security Requirements: All contractor employees who require access to the Department of Veterans Affairs' computer systems and any documents containing classified, sensitive, and confidential information shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for VA.

Position Sensitivity - The position sensitivity has been designated as Low Risk for On-site Document Destruction/Shredding services.

Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

Contractor Responsibilities

a) The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month(s) invoice(s) for services rendered.

b) As required, the contractor shall submit or have their employees submit the following forms to the VA Office of Security and Law Enforcement within 15 days of receipt:

c) The Contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85 may result in rejection of the documentation for investigation.

d) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

e) Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

f) The contractor shall be responsible to provide evidence to the GPOC that investigations have been completed or in the process of being requested within 15 calendar days from receipt of award.

g) The contractor is responsible for physical security and safeguarding all government documents. All vehicles/trucks utilized for Document Destruction/Shredding Services must be properly identified with contractor name.

Government Responsibilities

a) The GPOC will forward the names, social security numbers, and dates of birth of the contractor's employees to the VA Law Enforcement Training Center/SIC.

b) The VA Law Enforcement Training Center/SIC will provide the necessary investigative forms to the contractor or to the contractor's employees, coordinate the background investigations, and notify the GPOC and contractor of the results of the investigations.

c) The VA facility will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the VA facility. The contractor will reimburse the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month(s) invoice(s) for services rendered.

d) The current fees associated with background investigations are $200.00 each for low level investigation. See above for the position sensitivity that has been assigned to this contract.

Contractor Reporting Person

· Contractor -- Provide telephone number(s) to call for your Service Department.

· Provide name(s) of authorized contact person(s):

11.Contractor Vehicles: All Contractor vehicles utilized in this contract shall be insured (up to the minimum coverage required by the respective State) and maintain current state vehicle registration. All Contractor employees shall possess a valid State Driver's license and have a clean driving record. The Contractor or his/her employees while performing under this contract shall use no personal vehicles.

12. Insurance:

a) Worker Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State Workers Compensation and Occupational Disease Statutes.

b) General Liability: Contractors are required to have Bodily Injury Liability insurance coverage written on Comprehensive form of policy of at least $500,000.00 per occurrence.

c) Property Damage Liability: Contractors are required to have Property Damage Liability insurance to cover at least $500,000.00.

13.Protection of Government Property: During work execution, the Contractor shall take special care to protect Government property. Contractor shall be responsible to meet all OSHA/Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. Contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.

14.Identification, Parking, Smoking and VA Regulations: The Contractor's employees shall wear visible identification at all times while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the GPOC. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VA and is only allowed in designated areas. (A copy of the smoking policy/locations will be provided to the Contractor upon request.) Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

15.VA Contacts: The following individual is designated as the VA GPOC.

Al Brown, 603-624-4366 X6090, albert.brown@va.gov The responsibilities of the person named above are explicitly stated in this Statement of Work. GPOC is not authorized to make any changes to the contract. All contractual changes must be discussed with the Contracting Officer.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 07-01-2018 POP End: 06-30-2019

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Contract Period: Option 1 POP Begin: 07-01-2019 POP End: 06-30-2020

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Contract Period: Option 2 POP Begin: 07-01-2020 POP End: 06-30-2021

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Contract Period: Option 3 POP Begin: 07-01-2021 POP End: 06-30-2022

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Contract Period: Option 4 POP Begin: 07-01-2022 POP End: 06-30-2023

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Quantity is approximate. (See SOW, page 1, Section 1.)

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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 52.217-9 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

C.4 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (JAN 2008)

(a) Indemnification. The contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this agreement. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the contractor, and subject to the approval by the contracting officer of the sources, insurance coverage may be employed as guaranty of indemnification.

(b) Insurance. Satisfactory insurance coverage is a condition precedent to award of a contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers' compensation and employer's liability coverage will conform to applicable State law requirements for the service contemplated, whereas general liability and aircraft liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per aircraft used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs installation, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.6 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of New Hampshire. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.7 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 APPLICABLE WAGE DETERMINATIONS

36C-241-18-Q-0292

718 Smyth Road, Manchester, NH

Somersworth CBOC Strafford 15-4017, Rev. 6, 1/10/18 200 Route 108, Somersworth, NH

Tilton CBOC Belknap 15-4023, Rev. 6, 1/10/18 630 West Main Street, Tilton, NH

Conway CBOC Carroll 15-4021, Rev. 6, 1/10/18 71 Hobbs Street, Conway, NH

Portsmouth CBOC Rockingham 15-4013, Rev. 6, 1/10/18 302 Newmarket St., Portsmouth, NH

Brady Sullivan Building Hillsborough 15-4019, Rev. 6, 1/10/18 1750 Elm St., Manchester, NH

D.2 LOCATIONS OF SHREDDING CONTAINERS

D.3 BUSINESS ASSOCIATE AGREEMENT

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION AND ________________________________________

Purpose. The purpose of this Business Associate Agreement (Agreement) is to establish requirements for the Department of Veterans Affairs (VA) Veterans Health Administration (VHA) _______________________ and ________________________ in accordance with the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH) Act, and the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (“HIPAA Rules”), 45 C.F.R. Parts 160 and 164, for the Use and Disclosure of Protected Health Information (PHI) under the terms and conditions specified below.

Scope. Under this Agreement and other applicable contracts or agreements, _________________________ will provide ________________________________________ services to, for, or on behalf of ______________________________________.

In order for ______________________________ to provide such services, _____________________________ will disclose Protected Health Information to______________________ and will use or disclose Protected Health Information in accordance with this Agreement.

Definitions. Unless otherwise provided, the following terms used in this Agreement have the same meaning as defined by the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information (PHI), Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

“Business Associate” shall have the same meaning as described at 45 C.F.R. § 160.103. For the purposes of this Agreement, Business Associate shall refer to ________________________________, including its employees, officers, or any other agents that create, receive, maintain, or transmit PHI as described below.

“Covered Entity” shall have the same meaning as the term is defined at 45 C.F.R. § 160.103. For the purposes of this Agreement, Covered Entity shall refer to __________________________________ .

“Protected Health Information” or “PHI” shall have the same meaning as described at 45 C.F.R. § 160.103. “Protected Health Information” and “PHI” as used in this Agreement include “Electronic Protected Health Information” and “EPHI.” For the purposes of this Agreement and unless otherwise provided, the term shall also refer to PHI that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity or receives from Covered Entity or another Business Associate.

“Subcontractor” shall have the same meaning as the term is defined at 45 C.F.R. § 160.103. For the purposes of this Agreement, Subcontractor shall refer to a contractor of any person or entity, other than Covered Entity, that creates, receives, maintains, or transmits PHI under the terms of this Agreement.

Terms and Conditions. Covered Entity and Business Associate agree as follows:

1. Ownership of PHI. PHI is and remains the property of Covered Entity as long as Business Associate creates, receives, maintains, or transmits PHI, regardless of whether a compliant Business Associate agreement is in place.

2. Use and Disclosure of PHI by Business Associate. Unless otherwise provided, Business Associate:

A. May not use or disclose PHI other than as permitted or required by this Agreement, or in a manner that would violate the HIPAA Privacy Rule if done by Covered Entity, except that it may use or disclose PHI:

(1) As required by law or to carry out its legal responsibilities;

(2) For the proper management and administration of Business Associate; or

(3) To provide Data Aggregation services relating to the health care operations of Covered Entity.

B. Must use or disclose PHI in a manner that complies with Covered Entity’s minimum necessary policies and procedures.

C. May de-identify PHI created or received by Business Associate under this Agreement at the request of the Covered Entity, provided that the de-identification…