36C24121Q0602.docx

36C24121Q0602

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

650-22-1-4805-0002 36C24121Q0602 11-01-2021 Sterling Mathews 207 623-8411 ext 2240 11-15-2021

10AM

EST

Department of Veterans Affairs Network Contracting Office 1 Contracting Office (90C) 1 VA Center Augusta

ME

04330 Sterling Mathews, 207 623-8411 ext 2240 sterling.mathews@va.gov X X 561990 $12 Million N/A X Department of Veterans Affairs Providence VAMC 830 Chalkstone Avenue Providence

RI

02908-4734 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 Providence 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.58 and can be found at https://beta.sam.gov/.

Period of Performance:

Base Period: 12/1/2021 to 11/30/2022 Option Period One: 12/1/2022 to 11/30/2023 Option Period Two: 12/1/2023 to 11/30/2024 Option Period Three: 12/1/2024 to 11/30/2025 Option Period Four: 12/1/2025 to 11/30/2026 See CONTINUATION Page X X X Mercedes Blanton

VA-VHA-SAOE-2016-70627244

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 Mercedes Blanton Department of Veterans Affairs Network Contracting Office 1 Contracting Office (90C) 1 VA Center Augusta ME 04330

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:

B.2 PERFORMANCE WORK STATEMENT

DOCUMENT DESTRUCTION SHREDDING SERVICES PROVIDENCE VAMC

Main Campus: 32 Gallon Container 830 Chalkstone Avenue, Providence, RI 02908 ; Qty 90 Off Site Locations: 32 Gallon Container 589 Atwells Avenue, Providence, RI 02909 – 1st and 2nd floors; Qty 6 623 Atwells Ave, Providence, RI 02909 – 1st and 3rd floors; Qty 6 75 Eagle Street, Building 6, Providence, RI 02909; Qty 2 Community Base Outpatient Clinics (CBOCs): 32 Gallon Container 233 Stevens Street, Hyannis, MA 02601; Qty 3 175 Elm Street, New Bedford, MA 02740; Qty 3 One Corporate Place (West Main Road at Northgate Road), Middletown, RI 02842; Qty 3

j) The numbers of containers and drop off stations are estimates based on current requirements. The Containers and Drop off stations needed may be increased, or decreased due to the changes in the amount of shredding services required. Additional pick-ups may be required at more frequent intervals, and will be determined/discussed between the Contractor/GPOC as the need arises. Additional pick-ups and changes in the drop off station requirements will be incorporated with a bilateral modification as needed. The contractor shall not incorporate any changes prior to approval from the contracting officer through a bilateral modification.

k. Special pickups may be required during times of overflow conditions, annual destruction of documents, or other special projects. The Contractor shall remove the sensitive documents within seven days or less of receiving notification from the COR. Special pickup requests will be labeled (Special Pickup) and sent separate from regular scheduled pickups. Special pickups may include non-recyclable products such as floppy drives, CD/DVDs, VHS Tapes, plastic film from thermal transfer printers and fax machines, and other media that contains sensitive data. Special pickups may be required throughout the life of the contract, these will be added through a bilateral modification to the contract.

3. Hours of Operation:

a) Normal Hours: The normal hours of operations at the White River Junction 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 shall be performed during normal hours of coverage and shall 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 shall be communicated ahead of time by the GPOC.

b) If a scheduled day for services falls on a Federal Holiday the contractor shall 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.

4. 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.

5. 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.

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.

6. Payment: Payments shall 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 and the period of performance relative to the invoice.

7. Privacy/Security: The Contractor shall 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 shall be sent to the GPOC. The Contractor shall 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 shall 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 shall be required to enter into a Business Associate Agreement (BAA) with VA.

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

8. Contractor Personnel: The Contractor shall provide qualified employees. The Contractor shall 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 shall 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.

9. Security Requirements: All contractor employees who require access to the Department of Veterans Affairs' computer systems and any documents containing 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 shall 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.

9.1. 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.

9.2. 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 shall 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.

e). Contractor Reporting Person

10.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.

11. 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.

12. 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 Contractor’s failure to adhere to these requirements.

13. 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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Providence VAMC, 830 Chalkstone Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Main Campus, - 90 (32 Gallon Container) Contract Period: Base POP Begin: 12-01-2021 POP End: 11-30-2022

Providence VAMC, 589 Atwells Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site- 6 (32 Gallon Containers) Contract Period: Base

Providence VAMC, 623 Atwells Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 6 (32 Gallon Containers) Contract Period: Base

Building 6, 75 Eagle St, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site- 3 (32 Gallon Containers) Contract Period: Base

Hyannis VAMC, 233 Stevens Street, Hyannis, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS- 3 (32 Gallon Containers) Contract Period: Base

VHA New Bedford, 175 Elm St, New Bedford, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Base

Northgate Road, One Corporate Place, Middletown, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS, One Corporate Place - 4 (32 Gallon Containers) Contract Period: Base

Providence VAMC, 830 Chalkstone Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Main Campus, 830 Chalkstone Avenue - 90 (32 Gallon Container) Contract Period: Option 1 POP Begin: 12-01-2022 POP End: 11-30-2023

Providence VAMC, 589 Atwells Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site, 589 Atwells Avenue - 6 (32 Gallon Containers) Contract Period: Option 1

VHA Providence, 623 Atwells Ave, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site, 623 Atwells Ave - 6 (32 Gallon Containers) Contract Period: Option 1

Building 6, 75 Eagle St, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site, 75 Eagle St - 3 (32 Gallon Containers) Contract Period: Option 1

Hyannis VAMC, 233 Stevens Street, Hyannis, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS, 233 Stevens Street - 3 (32 Gallon Containers) Contract Period: Option 1

VHA New Bedford, 175 Elm St, New Bedford, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Option 1

Northgate Road, One Corporate Place, Middletown, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 4 (32 Gallon Containers) Contract Period: Option 1

Providence VAMC, 830 Chalkstone Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Main Campus - 90 (32 Gallon Container) Contract Period: Option 2 POP Begin: 12-01-2023 POP End: 11-30-2024

Providence VAMC, 589 Atwells Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 6 (32 Gallon Containers) Contract Period: Option 2

VHA Providence, 623 Atwells Ave, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 6 (32 Gallon Containers) Contract Period: Option 2

Building 6, 75 Eagle St, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 3 (32 Gallon Containers) Contract Period: Option 2

Hyannis VAMC, 233 Stevens Street, Hyannis, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Option 2

VHA New Bedford, 175 Elm St, New Bedford, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Option 2

Northgate Road, One Corporate Place, Middletown, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 4 (32 Gallon Containers) Contract Period: Option 2

Providence VAMC, 830 Chalkstone Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Main Campus - 90 (32 Gallon Container) Contract Period: Option 3 POP Begin: 12-01-2024 POP End: 11-30-2025

Providence VAMC, 589 Atwells Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 6 (32 Gallon Containers) Contract Period: Option 3

VHA Providence, 623 Atwells Ave, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 6 (32 Gallon Containers) Contract Period: Option 3

Building 6, 75 Eagle St, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 3 (32 Gallon Containers) Contract Period: Option 3

Hyannis VAMC, 233 Stevens Street, Hyannis, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Option 3

VHA New Bedford, 175 Elm St, New Bedford, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Option 3

Northgate Road, One Corporate Place, Middletown, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 4 (32 Gallon Containers) Contract Period: Option 3

Providence VAMC, 830 Chalkstone Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Main Campus - 90 (32 Gallon Container) Contract Period: Option 4 POP Begin: 12-01-2025 POP End: 11-30-2026

Providence VAMC, 589 Atwells Avenue, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 6 (32 Gallon Containers) Contract Period: Option 4

VHA Providence, 623 Atwells Ave, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 6 (32 Gallon Containers) Contract Period: Option 4

Building 6, 75 Eagle St, Providence, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the Off Site - 3 (32 Gallon Containers) Contract Period: Option 4

Hyannis VAMC, 233 Stevens Street, Hyannis, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Option 4

VHA New Bedford, 175 Elm St, New Bedford, MA The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 3 (32 Gallon Containers) Contract Period: Option 4

Northgate Road, One Corporate Place, Middletown, RI The Contractor shall provide on-site document destruction services in accordance with the Performance Work Statement at the CBOCS - 4 (32 Gallon Containers) Contract Period: Option 4

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

INCLUSION INTO CONTRACTS

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 36C24121Q0602 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 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 prior to contract expiring; 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 852.212-70 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.

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

[] 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.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(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.5 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…