36C24126Q0447_1.docx
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- Attached to
- R614--Document Shredding- WRJ- BASE plus 4 Options Federal contract opportunity
- Solicitation number
- 36C24126Q0447
About this file
This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs for document destruction and shredding services. The solicitation number is 36C24126Q0447, with an offer due date of June 8, 2026, at 1:00 PM EDT. The Government intends to award a firm-fixed-price contract with a total value of $16.5 million for a base year (October 19, 2026 through October 18, 2027) plus four one-year option periods. The acquisition is unrestricted and set aside for small business concerns.
The contractor must provide on-site document destruction services using a mobile shredding vehicle for the White River Junction VA Medical Center and eight surrounding Community Based Outpatient Clinics (CBOCs) across Vermont and New Hampshire. Services include providing 45 64-gallon lockable totes and 80 36-inch front-feed lockable consoles for secure document storage, performing weekly and biweekly pickups at specified locations, shredding documents on-site in compliance with VA Directive 6371 guidelines to achieve interim destruction (1mm by 5mm shred size), and transporting shredded material off-site for recycling. The contractor must submit weekly Certificates of Destruction and monthly final destruction certificates documenting the pulping of shredded material. Contractor personnel require background investigations, and all employees must comply with HIPAA and Privacy Act requirements through execution of a Business Associate Agreement. Applicable wage determinations from the Department of Labor will be applied at contract award. Evaluation will be based on price, technical capability (including compliance with VA Directive 6371, recycling capability, PII/sensitive information experience, and quality control plan), and past performance references within the past three years.
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| 36C24126Q0447 0002.docx | DOCX document |
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36C24126Q0447
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C24126Q0447 05-06-2026 Jeffrey S. Fleming 774-826-2617 06-08-2026 13:00
EDT
Department of Veterans Affairs Network Contracting Office 1 (NE) Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 Jeffrey S. Fleming Jeffrey.Fleming@va.gov X X 561990 $16.5 Million N/A X Department of Veterans Affairs White River Junction VAMC 215 North Main Street White River Junction VT 05001-3833 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301
Department of Veterans Affairs Financial Services Center https://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971 1-877-353-9791 See CONTINUATION Page This is a non-personnel service, firm fixed price purchase order. Contractor shall provide all necessary personnel, labor, supervision, equipment, materials, and disposal necessary to provide document destruction to the white River Junction, VT VA Medical center and surrounding CBOCs.
In accordance With the Performance Work Statement.
Period of Performance:
Base year: 10/19/2026 - 10/18/2027 Option 1: 10/19/2027 - 10/18/2028 Option 2: 10/19/2028 - 10/18/2029 Option 3: 10/19/2029 - 10/18/2030 Option 4: 10/19/2030 - 10/18/2031 Applicable wage determinations are listed in Section D.1 and can be viewed at https://beta.sam.gov/.
Note applicable wage determination will be applied at Award.
Criteria for evaluation of Quotes in Section E.5.
Questions shall be submitted no later than 6/12/2026 1300 hrs. EST. No questions will be answered after the date and time Provided above.
See CONTINUATION Page X Table of Contents
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.3 PERFORMANCE WORK STATEMENT | 4 |
| B.2 PRICE/COST SCHEDULE | 16 |
| ITEM INFORMATION | 16 |
| SECTION C - CONTRACT CLAUSES | 27 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025) | 27 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 33 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 33 |
| C.4 52.232-18 AVAILABILITY OF FUNDS (APR 1984) | 34 |
| C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 34 |
| C.6 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023) | 43 |
| C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 44 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 46 |
| C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 46 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 55 |
| D.1 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION VA White River Junction, VT AND <COMPANY/ORGANIZATION> | 55 |
| D.2 WAGE DETERMINATION RATES | 61 |
| D.3 Past Performance Survey form | 63 |
| D.4 VA Directive 6371 | 67 |
| SECTION E - SOLICITATION PROVISIONS | 94 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 94 |
| E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 98 |
| E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 98 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 102 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 103 |
| E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025) | 105 |
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 Jeffrey S. Fleming Department of Veterans Affairs Network Contracting Office 1 (NE) Contracting Officer (90C) 940 Belmont Street Brockton MA 02301
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [X] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Montly |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.3 PERFORMANCE WORK STATEMENT
DOCUMENT DESTRUCTION-SHREDDING SERVICES
WHITE RIVER JUNCTION VA MEDICAL CENTER
1. Description of Services: The Contractor shall provide document destruction services for Government- provided documents, containing sensitive confidential and medical records. Destruction documents will be accomplished at the White River Junction VA Medical Center and VA Community Based Outpatient Clinics (CBOCs) using a vehicle equipped for mobile shredding. 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 transportation and destruction of medical documentation. All security waste shall be shredded on-site 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 the contractor employee. The White River Junction 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 locks and keys for all the containers provided under this contract unless one key fit all, if that is the case then the COR will request 40 keys for staffing. 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.
2. GENERAL REQUIREMENTS.
a) Provide 45; 64-gallon, lockable, wheeled totes (Gray or blue) that have a slot in the top to accept all materials to be shredded at 215 North Main Street. To be used to store materials that need to be shredded securely between pickups. We will have the 20 lockable totes stored in a staging area to be changed by WRJ staff when needed during the week. Vendor will pick up the 20 shred totes from the storage area in building 31 (Granite) and shred at loading dock on predetermined day unless otherwise designated due to construction or emergency.
Provide _80_ 36" tall front feed lockable consoles not to exceed 32-gallon capacity. At 215 North Main Street. To be placed around the medical center for staff to deposit any materials that need to be shredded.
c) Pick up the exact location, and scheduling for all shredding services shall be coordinated with the Government Point of Contact (GPOC) prior to commencement.
d) Shred all materials on-site and transport the shredded material off site for recycling.
With the exception of the White River Junction 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 in and their locations:
| Location |
| Building |
| Service |
| Container |
| Frequency |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 31 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Weekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 4 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 6 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 7 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 9 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 37 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 58 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 60 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 61 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 62 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 63 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 66 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 67 |
| Pick up and shredding |
| 36" tall front feed lockable consoles |
| Biweekly |
White River Junction VA Medical Center 215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
| 65 |
| Pick up and shredding |
| 2 64 Gallon Front Feed lockable consoles |
| Biweekly |
Bennington CBOC 186 North Street Bennington, VT 05201 802-447-2137
| NA |
| Pick up and shredding |
| 2, 64 Gallon totes, 1 on first floor one on 2nd floor |
| Biweekly |
Brattleboro CBOC 71 GPS Drive Brattleboro, VT 05301 802-251-2200
| NA |
| Pick up and shredding |
| 1 Tote and 2 consoles |
| Once Monthly |
Burlington Lakeside CBOC 128 Lakeside Avenue, Suite 260 Burlington, VT 05401 802-657-7000
| NA |
| Pick up and shredding |
| 2, 64-gallon totes |
| Weekly |
Newport CBOC 1734 Crawford Farm Road Newport, VT 05855 802-334-9700
| NA |
| Pick up and shredding |
| 1, 64 Gallon tote |
| Monthly |
Rutland CBOC West Street Rutland, VT 05701 802-772-2300
| NA |
| Pick up and shredding |
| 2 consoles |
| Biweekly |
Keene CBOC 640 Marlboro Street, Route 101 Keene, NH 03431 603-358-4900
| NA |
| Pick up and shredding |
| 1 Console |
| Once Monthly |
Littleton CBOC 264 Cottage St, Littleton, NH 03561
| NA |
| Pick up and shredding |
| 4 Consoles |
| Once Monthly |
White River Junction VA Medical Center (pickup once a week, on Mondays between the hours of 7:00 am- 12:00 pm) building 31 Granite dock area.
215 North Main Street White River Junction VT, 05009 802-295-9363 x5180
White River Junction VA Medical Center Outer Bldgs. 4, 6, 7, 9, 37, 58, 59, 60, 61, 62, 63, 66, & 67 (Pickup bi-weekly on Mondays when the medical center is serviced)
National Center for PTSD (building 65) (2 64-gallon totes, 1 on the 1st floor, 1 on 2nd floor. Pickup bi-weekly) 1234 Cutoff Rd White River Junction, VT 05009
Bennington CBOC (provide 2 consoles, pickup bi-weekly) 186 North Street Bennington, VT 05201 802-447-2137
Brattleboro CBOC (provide 1 tote & 2 consoles, pickup once monthly) 71 GSP Drive Brattleboro, VT 05301 802-251-2200 Burlington Lakeside CBOC (provide 2 totes, pickup once weekly) 128 Lakeside Avenue, Suite 260 Burlington, VT 05401 802-657-7000
Newport CBOC (provide 1 tote, pickup once monthly) 1734 Crawford Farm Road Newport, VT 05855 802-334-9700
Rutland CBOC (provide 2 consoles, pickup bi-weekly) 232 West Street Rutland, VT 05701 802-772-2300
Keene CBOC (provide 1 console, pickup once monthly) 640 Marlboro Street, Route 101 Keene, NH 03431 603-358-4900
Littleton CBOC (provide 4 consoles, pickup once monthly) 264 Cottage Street Littleton, NH 03561 603-444-1323
e) The Contractor shall provide a written "Certificate of Destruction" to the GPOC weekly upon completion of on-site shredding, to provide verification of the destruction of the contents of all containers and receptacles referenced. In addition, a Final Destruction certificate (date that shreds are pulped) is to be provided monthly to the Privacy Office located at WRJVA.
Example: Bundles of shredded material picked up from WRJ and CBOC’s between 1 August 2018 – 31 August 2018, delivered to pulp factory on 01 September 2018. Final Destruction occurred on 01 September 2018.
Signed by an authorized trained certified employee of the subcontractor or contractor.
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. If more totes/consoles are needed a contract modification for changes in the number of consoles/totes will be submitted. Additional pick-ups may be required at more frequent intervals and will be determined/discussed between the Contractor/GPOC as the need arises. There shall be no additional charge for buildings that are purging PHI, this information will be initiated by the COR for pickup during regular pick updates. Changes in the drop off station requirements will be incorporated with a bilateral modification as needed.
g) Prior to commencing performances of this service, the Contractor shall 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. Contractor must notify if they are unable to shred, before driver leaves the campus.
h) 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. (1mm by 5mm or smaller). This destruction of temporary records is a preliminary step that will allow for secure transport of records until such time as their final destruction
2.1 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. (Mondays Morning) There should be the capacity to start shredding at 7:00 or 7:30 am, 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 previously agreed upon with the GPOC. Federal Holidays observed by VAMC:
| New Year's Day | Labor Day | |
| Martin Luther King Day | Columbus Day | |
| President's Day | Veterans Day | |
| Memorial Day | Thanksgiving Day | |
| Independence Day | Christmas Day | |
| Juneteenth |
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 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, the Contract Number and the period of performance relative to the invoice.
8. 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 (VA). In accordance with HIPAA, 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 HIPAA 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.
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 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.
10. 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.
11. 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 contractor’s 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:
(i) Standard Form 85P, Questionnaire for Public Trust Positions
(ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions
(iii) FD 258, U.S. Department of Justice Fingerprint Applicant Chart
(iv) Optional Form 306, Declaration for Federal Employment
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.
12. 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 contractor’s 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.
13. Contractor Reporting Person
• Contractor -- Provide telephone number(s) to call for your Service Department.
• Provide name(s) of authorized contact person(s):
14. 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.
15. 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.
16. 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.
17. 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
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12.00 |
| MO |
| __________________ |
| __________________ |
The contractor shall provide document destruction services to the WRJ VAMC - pick up once a week on Mondays, 20 lockable totes between the hours of 7:00 am- 12:00 pm) building 31 Granite dock.
White River Junction VA Medical Center Outer Bldgs. 4, 6, 7, 9, 37, 58, 59, 60, 61, 62, 63, 66, & 67 (Pickup bi-weekly on Mondays when the medical center is serviced)
National Center for PTSD (building 65) (2 64-gallon totes, 1 on the 1st floor, 1 on 2nd floor. Pickup bi-weekly) Contract Period: Base POP Begin: 10-19-2026 POP End: 10-18-2027 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding
| 26.00 |
| SV |
| __________________ |
| __________________ |
Bennington CBOC (provide 2 consoles, pickup bi-weekly) Contract Period: Base POP Begin: 10-19-2026 POP End: 10-18-2027
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brattleboro CBOC (provide 1 tote & 2 consoles, pickup once monthly)
POP Begin: 10-19-2026 POP End: 10-18-2027
| 12.00 |
| MO |
| __________________ |
| __________________ |
Burlington Lakeside CBOC (provide 2 totes, pickup once weekly)
POP Begin: 10-19-2026 POP End: 10-18-2027
| 12.00 |
| MO |
| __________________ |
| __________________ |
Newport CBOC (provide 1 tote, pickup once monthly)
POP Begin: 10-19-2026 POP End: 10-18-2027
| 26.00 |
| SV |
| __________________ |
| __________________ |
Rutland CBOC (provide 2 consoles, pickup bi-weekly)
POP Begin: 10-19-2026 POP End: 10-18-2027
| 12.00 |
| MO |
| __________________ |
| __________________ |
Keene, NH CBOC (provide 1 console, pickup once monthly)
POP Begin: 10-19-2026 POP End: 10-18-2027
| 12.00 |
| MO |
| __________________ |
| __________________ |
Littleton CBOC (provide 4 consoles, pickup once monthly)
POP Begin: 10-19-2026 POP End: 10-18-2027
| 12.00 |
| MO |
| __________________ |
| __________________ |
The contractor shall provide document destruction services to the WRJ VAMC - pick up once a week on Mondays, 20 lockable totes between the hours of 7:00 am- 12:00 pm) building 31 Granite dock.
(Pickup bi-weekly on Mondays when the medical center is serviced)
National Center for PTSD (building 65) (2 64-gallon totes, 1 on the 1st floor, 1 on 2nd floor. Pickup bi-weekly) Contract Period: Option 1 POP Begin: 10-19-2027 POP End: 10-18-2028
| 26.00 |
| SV |
| __________________ |
| __________________ |
Bennington CBOC (provide 2 consoles, pickup bi-weekly) Contract Period: Option 1 POP Begin: 10-19-2027 POP End: 10-18-2028
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brattleboro CBOC (provide 1 tote & 2 consoles, pickup once monthly)
POP Begin: 10-19-2027 POP End: 10-18-2028
| 12.00 |
| MO |
| __________________ |
| __________________ |
Burlington Lakeside CBOC (provide 2 totes, pickup once weekly)
POP Begin: 10-19-2027 POP End: 10-18-2028
| 12.00 |
| MO |
| __________________ |
| __________________ |
Newport CBOC (provide 1 tote, pickup once monthly)
POP Begin: 10-19-2027 POP End: 10-18-2028
| 26.00 |
| SV |
| __________________ |
| __________________ |
Rutland CBOC (provide 2 consoles, pickup bi-weekly)
POP Begin: 10-19-2027 POP End: 10-18-2028
| 12.00 |
| MO |
| __________________ |
| __________________ |
Keene, NH CBOC (provide 1 console, pickup once monthly)
POP Begin: 10-19-2027 POP End: 10-18-2028
| 12.00 |
| MO |
| __________________ |
| __________________ |
Littleton CBOC (provide 4 consoles, pickup once monthly)
POP Begin: 10-19-2027 POP End: 10-18-2028
| 12.00 |
| MO |
| __________________ |
| __________________ |
The contractor shall provide document destruction services to the WRJ VAMC - pick up once a week on Mondays, 20 lockable totes between the hours of 7:00 am- 12:00 pm) building 31 Granite dock.
(Pickup bi-weekly on Mondays when the medical center is serviced)
National Center for PTSD (building 65) (2 64-gallon totes, 1 on the 1st floor, 1 on 2nd floor. Pickup bi-weekly) Contract Period: Option 2 POP Begin: 10-19-2028 POP End: 10-18-2029
| 26.00 |
| SV |
| __________________ |
| __________________ |
Bennington CBOC (provide 2 consoles, pickup bi-weekly) Contract Period: Option 2 POP Begin: 10-19-2028 POP End: 10-18-2029
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brattleboro CBOC (provide 1 tote & 2 consoles, pickup once monthly)
POP Begin: 10-19-2028 POP End: 10-18-2029
| 12.00 |
| MO |
| __________________ |
| __________________ |
Burlington Lakeside CBOC (provide 2 totes, pickup once weekly)
POP Begin: 10-19-2028 POP End: 10-18-2029
| 12.00 |
| MO |
| __________________ |
| __________________ |
Newport CBOC (provide 1 tote, pickup once monthly)
POP Begin: 10-19-2028 POP End: 10-18-2029
| 26.00 |
| SV |
| __________________ |
| __________________ |
Rutland CBOC (provide 2 consoles, pickup bi-weekly)
POP Begin: 10-19-2028 POP End: 10-18-2029
| 12.00 |
| MO |
| __________________ |
| __________________ |
Keene, NH CBOC (provide 1 console, pickup once monthly)
POP Begin: 10-19-2028 POP End: 10-18-2029
| 12.00 |
| MO |
| __________________ |
| __________________ |
Littleton CBOC (provide 4 consoles, pickup once monthly)
POP Begin: 10-19-2028 POP End: 10-18-2029
| 12.00 |
| MO |
| __________________ |
| __________________ |
The contractor shall provide document destruction services to the WRJ VAMC - pick up once a week on Mondays, 20 lockable totes between the hours of 7:00 am- 12:00 pm) building 31 Granite dock.
(Pickup bi-weekly on Mondays when the medical center is serviced)
National Center for PTSD (building 65) (2 64-gallon totes, 1 on the 1st floor, 1 on 2nd floor. Pickup bi-weekly) Contract Period: Option 3 POP Begin: 10-19-2029 POP End: 10-18-2030
| 26.00 |
| SV |
| __________________ |
| __________________ |
Bennington CBOC (provide 2 consoles, pickup bi-weekly) Contract Period: Option 3 POP Begin: 10-19-2029 POP End: 10-18-2030
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brattleboro CBOC (provide 1 tote & 2 consoles, pickup once monthly)
POP Begin: 10-19-2029 POP End: 10-18-2030
| 12.00 |
| MO |
| __________________ |
| __________________ |
Burlington Lakeside CBOC (provide 2 totes, pickup once weekly)
POP Begin: 10-19-2029 POP End: 10-18-2030
| 12.00 |
| MO |
| __________________ |
| __________________ |
Newport CBOC (provide 1 tote, pickup once monthly)
POP Begin: 10-19-2029 POP End: 10-18-2030
| 26.00 |
| SV |
| __________________ |
| __________________ |
Rutland CBOC (provide 2 consoles, pickup bi-weekly)
POP Begin: 10-19-2029 POP End: 10-18-2030
| 12.00 |
| MO |
| __________________ |
| __________________ |
Keene, NH CBOC (provide 1 console, pickup once monthly)
POP Begin: 10-19-2029 POP End: 10-18-2030
| 12.00 |
| MO |
| __________________ |
| __________________ |
Littleton CBOC (provide 4 consoles, pickup once monthly)
POP Begin: 10-19-2029 POP End: 10-18-2030
| 12.00 |
| MO |
| __________________ |
| __________________ |
The contractor shall provide document destruction services to the WRJ VAMC - pick up once a week on Mondays, 20 lockable totes between the hours of 7:00 am- 12:00 pm) building 31 Granite dock.
(Pickup bi-weekly on Mondays when the medical center is serviced)
National Center for PTSD (building 65) (2 64-gallon totes, 1 on the 1st floor, 1 on 2nd floor. Pickup bi-weekly) Contract Period: Option 4 POP Begin: 10-19-2030 POP End: 10-18-2031
| 26.00 |
| SV |
| __________________ |
| __________________ |
Bennington CBOC (provide 2 consoles, pickup bi-weekly) Contract Period: Option 4 POP Begin: 10-19-2030 POP End: 10-18-2031
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brattleboro CBOC (provide 1 tote & 2 consoles, pickup once monthly)
POP Begin: 10-19-2030 POP End: 10-18-2031
| 12.00 |
| MO |
| __________________ |
| __________________ |
Burlington Lakeside CBOC (provide 2 totes, pickup once weekly)
POP Begin: 10-19-2030 POP End: 10-18-2031
| 12.00 |
| MO |
| __________________ |
| __________________ |
Newport CBOC (provide 1 tote, pickup once monthly)
POP Begin: 10-19-2030 POP End: 10-18-2031
| 26.00 |
| SV |
| __________________ |
| __________________ |
Rutland CBOC (provide 2 consoles, pickup bi-weekly)
POP Begin: 10-19-2030 POP End: 10-18-2031
| 12.00 |
| MO |
| __________________ |
| __________________ |
Keene, NH CBOC (provide 1 console, pickup once monthly)
POP Begin: 10-19-2030 POP End: 10-18-2031
| 12.00 |
| MO |
| __________________ |
| __________________ |
Littleton CBOC (provide 4 consoles, pickup once monthly)
POP Begin: 10-19-2030 POP End: 10-18-2031
| GRAND TOTAL |
| __________________ |
36C24126Q0447
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically…
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