36C24221Q0092_1.docx

36C24221Q0092

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

630-21-1-6066-0002 36C24221Q0092 10-22-2020 Safa Shleiwet 718-741-4766 11-05-2020 17:00

EST

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X X 561990 $12 Million N/A X New York VA Medical Center Manhattan Campus: 423 E 23 Street New York, NY 10010 and community based outpatient clinics

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page This is an Indefinite Delivery Indefinite Quantity (IDIQ) for Sensitive Document Destruction Container Collection/Removal Services at the New York VAMC (Manhattan Brooklyn) and community-based outpatient clinics located in Harlem and Staten Island, New York. Please see Statement of work for more details.

Periods of performance: 12 months base plus three 12 months Option year.

All questions must be submitted in writing via email to safa.shleiwet@va.gov by 5:00 PM EST October 28, 2020.

See CONTINUATION Page X X X Safa Shleiwet Table of Contents

B.2 STATEMENT OF WORK…………………………………………………………………..4

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018).55

E.4 52.216-1 TYPE OF CONTRACT (APR 1984) 56

E.10 52.233-2 SERVICE OF PROTEST (SEP 2006)…………………………………….76

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 36C242 Safa Shleiwet Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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.

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

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

B.2 STATEMENT OF WORK

GENERAL:

This is a non-personal services requirement for Sensitive Document Destruction Container Collection/Removal Services. The Government shall not exercise any supervision or control over the contract service as provided in statements of performance

DESCRIPTION OF SERVICES/INTRODUCTION:

A. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Sensitive Document Destruction Container Collection/Removal Contract as defined in this Statement of Work (SOW).

B. The contractor shall provide for all labor and materials necessary for the collection, removal and destruction of sensitive documents. The contractor shall perform all required services identified in this SOW. The contractor shall furnish containers for various locations as specified below.

SCOPE:

A. Services shall be performed with strict adherence to Federal, State and Local regulations pertaining to the collection, handling, packaging and disposal of sensitive and secured material including VA Directive 6371. Material must be shredded on-site at the VA facility with final destruction to an unreadable and unreconstructable size and form per VA Directive 6371 able to occur off-site.

B. Requirement is for an approximate number of bins as stated in the “Delivery Schedule.” This delivery schedule contains the number of bins for each location and the pickup frequency for each location. The operating hours for pickups shall be between the hours of 7:00AM and 3:30PM, Monday through Friday.

C. Upon arrival at a site, document destruction technician must notify VA personnel to proceed with document destruction service. No service shall begin without approval to allow for the opportunity to notify contractor of full and/or missed bins between service dates.

D. If a device is not used by the vendor; some method of identifying each console/bin serviced must be provided by the contractor.

E. The technician shall provide in-building service of all consoles/bins containing sensitive documents. This will be accomplished by entering each building and traveling to every location within the building of the medical center campus that has bins/consoles to empty and transport material of consoles/bins to shredding truck.

F. The technician shall perform onsite destruction of console/bin contents and repeat process until all bins are serviced.

G. At no time shall consoles/bins be left open or unlocked or unattended.

H. All contents of each bin must be shredded onsite before transport to final destruction site.

I. Upon completion of service the COR or Point of Contact (POC) acting for the COR must be contacted to verify completion of service and sign the Certificate of Destruction. The COR and/or POC will be designated at the commencement of period of performance.

J. Documentation - No documents shall leave the premises without some form of signed documentation indicating chain of custody. IAW Directive 6371 8b. The destruction contractor must provide the designated VA representative with documentation that acknowledges receipt of the temporary records prior to departing the VA location. When the sensitive documents leave the VA location, they must either be finally shredded with a Certificate of Destruction (COD) or the contractor must provide a signed form stating that they are leaving the VA location with interim shredded records. Interim destruction shall take place before the COR or COR designee and signs the document. No documents are to be removed from VA premises without a COR or COR designee signature.

K. At no time shall maintenance or repair of the shred truck cause delays or rescheduling to the servicing dates for any locations.

L. If a location’s servicing date needs to be rescheduled by the contractor, they must provide the COR with written notice at least 72 hours in advance.

M. Contractor shall work with COR representatives in keeping the listing of consoles and totes current.

N. If bins are removed from the facility the contractor shall fill out “Bins removed” form below with how many totes/consoles are leaving the facility at each site. This form shall be left with the COR representative or designee at end of day’s service.

O. Contractor shall provide servicing of consoles and totters per instructions of COR.

P. Contractor must be able to destroy materials regularly placed in consoles and totters of the following mixed type:

· Paper of any color, envelopes, labels

· Paper clips, staples, pharmacy pill containers, binding left on disposed paper.

Q. The contactor shall destroy all material on the same day of pick up or provide written notification to the COR justifying why destruction is delayed and what the contractor has put in place to protect the material (electronic mail is acceptable). In no case shall the contractor hold any material for more than 24 hours. The contractor must have a process in place to ensure that the truck is always locked and the number of stops is limited when VA materials are on-board.

Final Destruction is the process through which temporary paper records are pulped, macerated, shredded or otherwise destroyed to a degree that definitively ensures that they are not readable or reconstructable to any degree. An original Certificate of Interim Destruction, signed in ink, must be provided to the COR representative (or designee) after each shredding service and shall include the number of bins serviced, the total pounds shredded, sign in and out on-site service date and time. Sensitive documents picked up from the VA must go directly to the point of destruction with no other stops. The contractor must provide written notification to the COR representative should there be stops before the point of final destruction. If there are any stops, the truck and contents must be secured. A Certificate of Final Destruction must be provided to the COR representative after Final Destruction takes place. The Final Destruction Certificate must include the number of bins serviced, the total pounds, contractors name, date, time and method of final destruction.

CONTRACTOR-OWNED SUPPLIES/EQUIPMENT:

The Contractor shall provide all sites covered by this contract totters and consoles at no cost to the Government. The VAMCs shall be allowed to increase or decrease the number of totters or consoles as needed. If an extra bin is needed for purging, the contractor shall supply the bin for the time necessary and then remove. Keys to all consoles and totes placed at the VA sites shall be provided only to the COR representative.

Consoles shall meet the following specifications:

· Approximate size - 35"-40" in height, 15"-19" in width, and 15"-19" in depth.

· Must be securely locked with a deadbolt mechanism.

· Must have a frontal opening approximately 2"X15" for depositing materials

· Must contain an inner bag that will hold approximately 100 pounds of material when full and secured inside (Inner bags are not used at the Bath facility)

· Must be aesthetically pleasing to the eye, preferably gray or similar light color in nature, and be able to accept labeling for acceptable material.

Totters shall meet the following specifications:

· Totters shall accommodate 96 gallons or 200-300 pounds of material when full.

· Totters shall be easily mobile (have wheels)

· Totters shall be plastic in nature

· Totters shall be locked with lock and Keys to be provided by Contractor to the COR or designee.

· Totters shall have a slot on top of unit approximately 2" X 17"

· Totters shall be able to accept labeling for type of material acceptable.

Approximate Weight per month:

Manhattan 7,500 lb. includes Harlem Brooklyn 5,300 lb. includes Staten island St. Albans 4,300 lb.

Manhattan Campus 423 E 23 Street New York, NY 10010 48 Gallon Stationary

Manhattan Campus 423 E 23 Street New York, NY 10010 96 Gallon mobile

Harlem Community Based Outpatient Clinic (CBOC) 55 West 125th Street New York, NY 10027-4544 48 Gallon Stationary

Street 11th FL

Brooklyn Campus 800 Poly Place Brooklyn, NY 11209

Brooklyn Campus 800 Poly Place Brooklyn, NY 11209

Staten Island Community Based Outpatient Clinic 1150 South Ave, Suite 301 Staten Island, NY 10314

St. Albans Community Living Center 179-00 Linden Blvd Jamaica, NY 11425

Harlem Community Based Outpatient Clinic (CBOC) 55 West 125th Street New York, NY 10027-4544

Additional sites and Bins may be added or removed with a modification agreement between the Government and the Contractor. NO ADDITIONAL BINS MAY BE ADDED WITHOUT THE CONSENT OF CONTRACTING OFFICER VIA MODIFICATION TO THE CONTRACT.

REQUIREMENTS AT EACH FACILITY

FACILITY CONTRACTOR BADGE: Contractor personnel shall get a vendor badge from the Police Office at each medical center location. Badges must be returned to the PIV Office at the end of the contract, the expiration date of the badge, or termination of Contractor employment.

SERVICE CHECK LIST: A listing of all bins at the facility shall be provided to the technician(s) each service date. The technician must check off each bin serviced and turn in this checklist to the COR representative or designee at the end of each service date. These listings of bins are subject to change as bins are increased and/or decreased. The technician is to check off each room serviced; if a bin is not available to service, do not check off as serviced. Checklists are to be turned in to COR representatives or Administrative staff at each site.

New York Campus – Certificate of Destruction is hand delivered to EMS Office located in room 10046W Brooklyn Campus – Certificate of Destruction is hand delivered to EMS Office located in room 2-220 Saint Albans Campus – Certificate of Destruction is hand delivered to EMS Office room A-135 Harlem CBOC – Certificate of Destruction is delivered electronically to New York Campus Staten Island CBOC- Certificate of Destruction is delivered electronically to Brooklyn Campus

BIN LOCATIONS

The location of bins to be serviced shall be identified by the COR the day the contract starts.

The “Bins Removed” form below shall be documented at time of service with how many totes are leaving the facility at each site. Leave this form with the COR representative or designee at end of service.

WORK HOURS: Regular business hours for the EMS offices are 7:00 AM to 3:30 PM, Monday through Friday. The Contractor shall provide a work schedule with a timeframe and preferred day of service to the COR representative or his/her designee no later than the contract commencement date for approval. Any change in dates must be verified with the COR representative 24 to 48 hours before change may take place. If the regular scheduled pickup date is a Federal holiday, pickup shall be the following day.

RECOGNIZED FEDERAL HOLIDAYS: Contractor shall not be allowed to work on Federal holidays. If the scheduled service falls on a holiday, service MUST be performed on the next working day or re-scheduled with the COR. Federal holidays are:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Hours of Operation: The contractor shall perform services between the hours of 7:00AM and 3:30PM Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW.

INVOICES: Invoices shall be billed per pound based on service check list at each medical center location. Pricing shall be based on pounds removed and shredded at each site. Charges shall be invoiced separately for each medical center location.

DOCUMENTATION: The Contractor shall maintain an excel spreadsheet or other acceptable spreadsheet of pounds removed from each VA NYHHS site and provide a copy monthly to all respective COR representatives reflecting the total pounds removed that month. The original, signed in ink, Final Certificate of Destruction must be given to the VA NYHHS COR representative after each service date. The Final Certificate of Destruction shall contain the following: date received, pounds removed that service date, method of disposal, certify during the witnessed shredding the date/time.

QUALITY CONTROL: The contractor shall develop an effective quality control program (QCP) to ensure service is performed in accordance with this SOW. The quality control program should include contractor’s plan and procedures to identify, prevent, and ensure non-recurrence of any incidence of defective service known or recognized during the contract. The contractor’s quality control program is the means to assure that their work complies with the requirement of SOW and contract agreement.

QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

QUARTERLY MEETINGS WITH COR:

It is the COR’s responsibility to develop a monthly schedule for activities based on the surveillance plan’s requirements. This schedule will cover the times during which work is being performed or re-performed under the terms of this contract. The surveillance schedule will be monthly. The monthly schedule will be completed by the last workday of the preceding month and a copy will be submitted electronically to the Contracting Officer for information. The COR will routinely inspect containers on site and document the inspection. Unannounced inspections will be completed periodically with the facility Privacy Officer(s) and COR to ensure information within the containers are safeguarded at all times.

SAFETY / HEALTH:

Contractor personnel performing work under this contract must observe all safety precautions throughout the performance of this contract. All work shall comply with the applicable federal, state and local safety and health requirements PRIVACY & SECURITY REQUIREMENTS: Contractor personnel performing work under this contract must have:

A. UNIFORMS AND PROTECTIVE CLOTHING – The contractor shall provide uniforms that display legible identification of the employee's and company's name (i.e., badge) to their workforce; clearly distinguishing its workers from those of the VA. The contractor shall determine the need for and provide any personal protective clothing required.

B. ID BADGES – All contract employees must wear VA provided identification badges in addition to their contractor provided uniforms which are clearly distinguishable and shall display legible identification of the employee's and company's name (i.e., badge).

PRIVACY ACT MANDATES

1. The Privacy Act applies to Federal government contractors who operate systems of records containing personal information.

2. When an agency contracts for the design, operation, maintenance, or use of systems containing information covered by the Privacy Act, the contractor and its employees are subject to the same requirements for safeguarding information as Federal employees.

3. The contractors and their employees also are subject to civil and criminal sanctions under the Act for any violation that may occur due to oversight or negligence.

4. An agency that fails to require that systems of records operated on its behalf under contracts be maintained according to the Act may be civilly liable to individuals injured as a consequence of any failure to maintain records in conformance with the Act. Officers or employees of the agency may be criminally liable for any violations of the Act.

SECURITY INCIDENT INVESTIGATION

1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

2. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

SECURITY REQUIREMENTS

Final Destruction: Final Destruction is the process through which temporary paper records are pulped, macerated, shredded or otherwise destroyed to a degree that definitively ensures that they are not readable or reconstructable to any degree. Final destruction performed at or away from a VA facility must be performed, where practicable, by a bonded and insured recycler or paper mill, and any intermediary processes must protect the records until final destruction is completed. Final destruction will be witnessed by the contractor employee.

Methods of destruction carried out by a contractor must be witnessed by a Federal employee or, if authorized by the organization that created the records, a contractor employee may act as witness, and the written attestation shall be submitted to the organization that created the records. The contractor employee may be the vendor performing the destruction as long as a final certification of destruction is provided to VA.

Certifications of destruction must be maintained in accordance with applicable VA Records Control Schedules and should only be accepted from data destruction or recycle vendors after final destruction has actually taken place.

Contracts for destruction of temporary paper records must include specific clauses to ensure that PII and other sensitive temporary records are handled in a secure manner until they undergo final destruction. At a minimum, these contracts shall require documentation that any contractor who will handle the records until final destruction is completed is bonded and insured for paper/printed media destruction and can provide reasonable physical safeguards for the data throughout the destruction process.

Records Management Clause needs to be added to any Contracts requiring the creation, use, storage, or disposition of Federal Records:

Use of Contractor's site and services may require management of Federal records. If the contractor holds Federal records, the contractor must manage Federal records in accordance with all applicable records management laws and regulations, including but not limited to the Federal Records Act (44 U.S.C. chapters 21, 29, 31& 33), and regulations of the National Archives and Records Administration (NARA) at 36 CFR Chapter XII Subchapter B). Managing the records includes, but is not limited to secure storage, retrievability, and proper disposition of all federal records including transfer of permanently valuable records to NARA in a format and manner acceptable to NARA at the time of transfer. The agency also remains responsible under the laws and regulations cited above for ensuring that applicable records management laws and regulations are complied with through the life and termination of the contract.

5. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

All contractor employees will require a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to commencement performing contract services. This requirement is also applicable to all subcontractor personnel.

Position Sensitivity – The position sensitivity has been designated as Low Risk for Document Destruction services.

Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries (NACI/Tier 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 contractor’s 1st month(s) invoice(s) for services rendered.

TRAINING:

Contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following:

1. Acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; the event, including:

2. VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training. Training certificates must be provided to COR representative at each medical center location. Technicians will take the required training (Privacy and HIPAA: TMS code 10203 and Privacy and Information Security: TMS code 10176) on an annual basis in the TMS system. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

GOVERNMENT RESPONSIBILITIES

a. The contracting officer 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 contracting officer and contractor of the results of the investigations.

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

d. The current fees associated with NACI/Tier 1 background investigations are $297.00 each for low level investigation.

RECORDS MANAGEMENT:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain and manage all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VA New York Harbor Healthcare System (NYHHS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of NYHHS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to NYHHS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to NYHHS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and NYHHS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with NYHHS policy.

8. The Contractor shall not create or maintain any records containing any non-public NYHHS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. NYHHS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which NYHHS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle Federal records are required to take VHA-provided training, as specified by the NYHHS Privacy Officer. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flow down of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.3 PRICE WORKSHEET

* NOTE THE QUANTITIES LISTED ARE ESTIMATES TO BE USED FOR PRICE

EVALUATION PURPOSES ONLY.

Base Year Period of Performance: 12/08/2020-12/07/2021

LOCATION

Manhattan Campus

48 Gallon Stationary

mobile

Stationary

Total Estimated $

Option Year one Period of Performance: 12/08/2021-12/07/2022

LOCATION

Manhattan Campus

48 Gallon Stationary

mobile

Stationary

Staten Island Community Based Outpatient Clinic (CBOC)

Total Estimated $

Option Year Two Period of Performance: 12/08/2022-12/07/2023

LOCATION

Manhattan Campus

48 Gallon Stationary

mobile

Stationary

Staten Island Community Based Outpatient Clinic (CBOC)

Total Estimated $

Option Year Three Period of Performance: 12/08/2023-12/07/2024

LOCATION

Manhattan Campus

48 Gallon Stationary

mobile

Stationary

Total Estimated $

Total Base Period Plus three (3) Option Periods:

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation 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,…