36C24121Q0342_1.docx

36C24121Q0342

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

523-21-3-4815-0033 36C24121Q0342 10-18-2021 Sterling Mathews 207 623-8411 ext 2240 11-02-2021

10AM

EDT

Department of Veterans Affairs Network Contracting Office 1 Contracting Office (90C) 1 VA Center Augusta ME 04330-6796 X X 561990 $12 Million N/A X Department of Veterans Affairs Boston VAMC 150 South Huntington Ave Boston MA 02130 Department of Veterans Affairs Network Contracting Office 1 Contracting Office (90C) 1 VA Center Augusta ME 04330

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page This is a Non-Personal Service, Firm Fixed Price contract for shredding and document destruction Contractor shall provide all necessary personnel, labor, supervision, equipment, materials and disposal necessary to provide the services for the VA Boston Healthcare System. Locations as described in the Performance Work Statement.

The applicable Wage Determinations dated 7/21/2021 are hereby incorporated into the subject purchase order. See sec. D.1, p.42 and can be found at https://beta.sam.gov/.

Period of Performance:

Base Period: 1/1/2022 to 12/31/2022 Option Period One: 1/1/2023 to 12/31/2023 Option Period Two: 1/1/2024 to 12/31/2024 Option Period Three: 1/1/2025 to 12/31/2025 Option Period Four: 1/1/2026 to 12/31/2026 See CONTINUATION Page X X X Ann Marie Stewart

VA-VHA-2021-9A527CD0

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 Ann Marie Stewart Department of Veterans Affairs Network Contracting Office 1 Contracting Office (90C) 1 VA Center Augusta ME 04330-6796

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.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

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B.2 PERFORMANCE WORK STATEMENT

SUMMARY

This contract is for on-site shredding and disposal of paper materials. This contract shall be effective from 01/01/2022 through 12/31/2022. This agreement may be extended for 4 option years at the option of the Government.

SCOPE OF WORK

The US Department of Veterans Affairs, VA Boston Healthcare System (VABHS) intends to use the services of a contractor to shred VABHS records and other materials throughout the year. Note: records may contain carbon, binders, folders and other non-paper materials.

a. The contractor shall provide all labor and equipment and shall be responsible for disposing of shredded materials. Shredding may be witnessed by a VABHS employee authorized to witness destruction of sensitive materials.

b. Contractor is responsible for maintaining liability insurance for the duration of the contract and for following all pertinent federal and state regulations with regards to destruction of classified medical documentation.

c. While on VABHS premises, contractor employees will wear a company uniform and a visible identification badge which contains a photograph of the employee. VABHS will provide a contractor photo ID badge. All contractor vehicles and collection containers will be clearly identified with the company's name. Collection containers should not include contractor contact information.

d. The contractor will provide the services identified in this contract between the hours of 8:00 AM and 4:30 PM, Monday through Friday.

e. The contractor will provide a schedule for paper shredding for three (3) main campuses, five (5) Community Based Outpatient Clinics (CBOC's), and one (1) Vet center. Once the schedule has been established, all shredding will occur on the same day of the week. All locations do not have to be serviced on the same day of the week. If the regularly scheduled shredding day falls on a national holiday, the contractor can perform the service either the day prior to or the day after the holiday and will inform the medical center of the revised shredding day.

f. The contractor will provide and maintain 309 locked collection bins for the VA Boston Healthcare System and its Community Based Outpatient Clinics (CBOC’s) and Vet’s centers. Containers shall have a slotted lid or front panel allowing for the discarding of documents. The size and design of the slot shall be designed to prevent unauthorized access to the contents of the container. Size of containers shall be approximately 36" height, 20" wide and 19.5" deep. The containers must be compatible with the facility's interior design scheme. For high volume areas, the contractor may use larger containers in accordance with NFPA regulations and with the approval of the COTR. The containers shall be located throughout each campus and in specific areas at the CBOC’s and Vet’s centers and will be provided by the contractor at no cost to the VABHS.

All containers shall utilize a keyed lock to limit access. All containers in the VABHS shall use the same key (keyed alike). The contractor will provide 10 master keys for each campus and two 4 master keys for each CBOC and Vet Center.

The contractor will provide the following to each campus 76 Jamaica Plain, 96 West Roxbury, 118 Brockton, 1 Causeway CBOC, 1 Lowell CBOC and 4 Lafayette Vet Center wheeled locking collection containers (approximately 90 gallon capacity) at each campus for VABHS personnel to use when emptying containers between contractor pick-ups and for storage of materials. The contractor will also provide console bags (same as in the collection bins) for 10 Jamaica Plan, 12 West Roxbury, 10 Brockton, 4 Causeway CBOC, 4 Lowell CBOC, 2 Framingham CBOC, 2 Quincy CBOC, 2 Brockton Vet Center and 2 Plymouth CBOC.

g. Service locations will be:

1. Brockton Campus (940 Belmont Street, Brockton, MA)

2. Jamaica Plain Campus (150 South Huntington Ave, Jamaica Plain, MA)

3. West Roxbury Campus (1400 VFW Parkway, West Roxbury, MA)

4. Causeway CBOC (251 Causeway Street, Boston, MA)

5. Framingham CBOC (61 Lincoln Street, Suite 112, Framingham, MA)

6. Lowell CBOC (130 Marshall Road, Lowell, MA)

7. Quincy CBOC (110 Squantum Street, Quincy, MA)

8. Plymouth CBOC (116 Long Pond Road, Suite 4, Plymouth, MA)

9. Brockton Vet's Center (1 Pearl Street, Brockton, MA)

10. VA Lafayette City Center ( 2 Avenue de Lafayette, Boston, MA)

h. The contractor will be responsible for ensuring that contractor employees coming to the work site will receive the information required above.

i. The contractor will be responsible for ensuring that contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

j. The contractor will recycle all shredded materials. This may be through traditional recycling methods or used for fuel in electrical co-generation.

EQUIPMENT

The contractor shall provide mobile equipment to do all shredding on-site. Contractors can propose equipment that will crosscut the materials and provide smaller cuts. During operation of the vehicle, it will not be parked near any air supply vents that provide air to buildings on VABHS property. Contractor will provide locking containers to collect and transport shredding materials for destruction to mobile unit.

DESTRUCTION

Contractor shall shred documents in accordance with shredding specifications outlined in most recent VA Directive 6371 guidelines following INTERIM DESTRUCTION: Interim destruction of temporary paper records refers to macerating, chopping, pulverizing, or shredding of these records to a degree that does not definitively ensure that they are not readable or re-constructible to any degree, but does ensure that they are not readable or re-constructible without extraordinary effort. This destruction of temporary records is a preliminary step that will allow for secure transport of records until such time as their final destruction

DELIVERABLE

Contractor will shred materials weekly at the main campuses (Brockton, Jamaica Plain and West Roxbury); every two weeks at the CBOC's; and monthly at the Vet's Centers. Additionally, the contractor will deliver to the COTR and Privacy Office at vhabhsprivacyofficers@va.gov, through electronic means, a monthly report identifying the following from the prior month: (1) the amount of funds paid to the contractor by VA Boston Healthcare System, (2) weight of waste removed from containers throughout VA Boston Healthcare System, and (3) percentage of the waste collected that was diverted to recycling. This report is due by the 7th of the following month and shall be broken down by site and shall include all sites in VABHS.

ADDITIONAL REQUIREMENTS

1. Certificate of Destruction – A “Certificate of Destruction" shall be provided after each job. The contractor shall complete the certificate after each service is completed and return it to the VA BHS representative.

2. Records Management Procedure -. The procedure reads "The authorized destruction of records that are classified or otherwise restricted from disclosure by statute, such as PA or Title 38 USC, must be witnessed by a Federal employee or a contractor employee. If a contract is used to dispose of restricted VA records, the facility Records Officer must authorize the use of a contractor or subcontractor employee to witness the destruction.

The contract of sale should state that the contractor employee is authorized to witness destruction of the record. Any contract or sale of VA records must prohibit their resale for use as records or documents." The VABHS shall notify the contractor when these procedures are applicable.

3. Confidentiality of Material Destruction – Contractor personnel shall comply with confidentiality in the destruction of all VABHS records. Any contractor personnel found to be reading any VABHS materials shall be promptly removed from the government premises. The person(s) involved shall not be allowed to return to the VABHS for any further service requests.

4. The procedures in VA Directive 6371 Destruction of Temporary Paper Records must be followed, specifically, the "shredder device must have a crosscutting capability which produces particles that are 1x5 millimeters in size."

5. The VABHS will provide a room at each location to be used by the contractor as a collection/ storage area for the paper/ shredding materials.

6. National Holidays – The eleven holidays observed by the Federal Government are:

· New Year’s Day

· Martin Luther King's Birthday

· Washington’s Birthday (President's Day)

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veteran's Day

· Thanksgiving Day

· Christmas Day

And any other holiday specifically declared by the President of the United States to be a national holiday. No service is required on a holiday.

7. HIPPA – The contractor will have to complete a standard Business Associate Agreement (BAA) in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPPA) after award.

8. Restrictions – The VABHS is a government facility. Loading dock hours are limited so contact any of the authorized personnel below for availability. VA personnel authorized to place calls for services are listed below:

· Brockton Campus

· Bob Doherty, EMS Chief, 774-826-1140

· Jamaica Plain Campus

· Angelo Manoloules, EMS Asst. Chief, 857-364-5059

· West Roxbury Campus

· Christopher Dull, EMS Asst. Chief, 857-203-6377

· Causeway CBOC

· Sandra Bing, Supervisor, 617-248-1425 (2:30 – 11:00 PM)

· Framingham CBOC

· Linda Costello, RN, 508-628-0205

· Lowell CBOC

· Ed McCarthy, Supervisor, 978-671-9000 (2:30 – 11:00 PM)

· Quincy CBOC

· 617-376-2010

· Plymouth CBOC

· Bob Craig, RN 774-826-3732

· Brockton Vet’s Center

· Mervina Johnson 508-580-2730

9. Shredding services for the VABHS will require:

BROCKTON CAMPUS

940 BELMONT STREET

BROCKTON, MA

Bob Doherty

CHIEF, EMS

774-826-1140

JAMAICA PLAIN CAMPUS

150 SOUTH HUNTINGTON AVENUE

JAMAICA PLAIN, MA

ANGELO MANOLOULES

ASST. CHIEF, EMS

857-364-5059

1 2 Main Lab room B2-57 1 ACA 3 F3-30 Nurses Station 1 1 4 D and E Wing Intersection 1

WEST ROXBURY CAMPUS

1400 VFW PARKWAY

WEST ROXBURY, MA

Christopher Dull

ASST. CHIEF, EMS

857-203-6377

CAUSEWAY CBOC

251 CAUSEWAY STREET

BOSTON, MA

Sandra Bing

EMS SUPERVISOR

617-248-1425

* Must be done after 2:30 PM

FRAMINGHAM CBOC

61 LINCOLN STREET

FRAMINGHAM, MA

LINDA COSTELLO, RN

508-528-0205

LOWELL CBOC

130 MARSHALL ROAD

LOWELL, MA

ED MCCARTHY

EMS SUPERVISOR

978-571-8000

TOTAL BINS

* Must be done after 2:30 PM

QUINCY CBOC

110 SQUANTUM STREET

QUINCY, MA

617-376-2010

PLYMOUTH CBOC

116 LONG POND ROAD

PLYMOUTH, MA

BOB CRAIG

774-826-3732

BROCKTON VET’S CENTER

1 PEARL STREET

BROCKTON, MA

Mervina Johnson 508-580-2730

LAFAYETTE VET’S CENTER

2 AVENUE DE LAFAYETTE

BOSTON, MA

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

WEEKLY SERVICE 8- 90 GALLON BINS AND 10 CONSOLE BAGS

940 BELMONT STREET, BROCKTON, MA 02301

Contract Period: Base POP Begin: 01-01-2022 POP End: 12-31-2022

WEEKLY SERVICE 15- 90 GALLON BINS AND 10 CONSOLE BAGS

150 SOUTH HUNTINGTON AVENUE, BOSTON, MA 02301 5596

Contract Period: Base

WEEKLY SERVICE 10- 90 GALLON BINS AND 12 CONSOLE BAGS

1400 VFW PARKWAY, WEST ROXBURY, MA 02132

Contract Period: Base

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

251 CAUSEWAY STREET, BOSTON, MA 02130

Contract Period: Base

EVERY TWO WEEKS 2 CONSOLE BAGS

61 LINCOLN STREET, FRAMINGHAM, MA 01702 8264

Contract Period: Base

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

130 MARSHALL ROAD, LOWELL, MA 01852

Contract Period: Base

EVERY TWO WEEKS 2 CONSOLE BAGS

110 W SQUANTUM ST, QUINCY, MA 02171 2122

Contract Period: Base

EVERY TWO WEEKS 2 CONSOLE BAGS

116 LONG POND ROAD, SUITE 4, PLYMOUTH, MA 02360

Contract Period: Base

ONCE A MONTH 2 CONSOLE BAGS

1 PEARL STREET, BROCKTON, MA 02301

Contract Period: Base

WEEKLY SERVICE 4- 90 GALLON BINS

2 AVENUE DE LAFAYETTE, BOSTON, MA 02111

Contract Period: Base

WEEKLY SERVICE 8- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 1 POP Begin: 01-01-2023 POP End: 12-31-2023

WEEKLY SERVICE 15- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 1

WEEKLY SERVICE 10- 90 GALLON BINS AND 12 CONSOLE BAGS

Contract Period: Option 1

EVERY TWO WEEKS 1 90 GALLON BIN AND 4 CONSOLE BAGS

Contract Period: Option 1

EVERY TWO WEEKS 2 CONSOLE BAGS

Contract Period: Option 1

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

Contract Period: Option 1

EVERY TWO WEEKS 2 CONSOLE BAGS

Contract Period: Option 1

EVERY TWO WEEKS 2 CONSOLE BAGS

Contract Period: Option 1

ONCE A MONTH 2 CONSOLE BAGS

Contract Period: Option 1

WEEKLY SERVICE 4- 90 GALLON BINS

Contract Period: Option 1

WEEKLY SERVICE 8- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 2 POP Begin: 01-01-2024 POP End: 12-31-2024

WEEKLY SERVICE 15- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 2

WEEKLY SERVICE 10- 90 GALLON BINS AND 12 CONSOLE BAGS

Contract Period: Option 2

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

Contract Period: Option 2

EVERY TWO WEEKS 2 CONSOLE BAGS

Contract Period: Option 2

EVERY TWO WEEKS 1 -90 GALLON BIN AND 4 CONSOLE BAGS

Contract Period: Option 2

EVERY TWO WEEKS 2 CONSOLE BAGS

Contract Period: Option 2

EVERY TWO WEEKS 2 CONSOLE BAGS

Contract Period: Option 2

ONCE A MONTH 2 CONSOLE BAGS

Contract Period: Option 2

WEEKLY SERVICE 4- 90 GALLON BINS

Contract Period: Option 2

WEEKLY SERVICE 8- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 3 POP Begin: 01-01-2025 POP End: 12-31-2025

WEEKLY SERVICE 15- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 3

WEEKLY SERVICE 10- 90 GALLON BINS AND 12 CONSOLE BAGS

Contract Period: Option 3

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

Contract Period: Option 3

EVERY TWO WEEKS 2 CONSOLE BAGS

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

Contract Period: Option 3

EVERY TWO WEEKS 2 CONSOLE BAGS

EVERY TWO WEEKS 2 CONSOLE BAGS

ONCE A MONTH 2 CONSOLE BAGS

Contract Period: Option 3

WEEKLY SERVICE 4- 90 GALLON BINS

Contract Period: Option 3

WEEKLY SERVICE 8- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 4 POP Begin: 01-01-2026 POP End: 12-31-2026

WEEKLY SERVICE 15- 90 GALLON BINS AND 10 CONSOLE BAGS

Contract Period: Option 4

WEEKLY SERVICE 10- 90 GALLON BINS AND 12 CONSOLE BAGS

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

Contract Period: Option 4

EVERY TWO WEEKS 2 CONSOLE BAGS

EVERY TWO WEEKS 1- 90 GALLON BIN AND 4 CONSOLE BAGS

EVERY TWO WEEKS 2 CONSOLE BAGS

EVERY TWO WEEKS 2 CONSOLE BAGS

Contract Period: Option 4

ONCE A MONTH 2 CONSOLE BAGS

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

WEEKLY SERVICE 4- 90 GALLON BINS

Contract Period: Option 4

B.4 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontrator shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S.

to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold VA payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

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SECTION C - CONTRACT CLAUSES

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.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):

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

(End of Clause)

C.2 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(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 15 days prior to contract expiration; 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.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F);

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause— [Contracting Officer check as appropriate.] _ By the end of the base term of the contract 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.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

(End of Clause) C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes.