36C24623Q0325.docx

36C24623Q0325

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. SIGNAT

URE 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

36C24623Q0325 01-13-2023 Serina Black 757-315-3965 01-25-2023 15:30

EST

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 492110 1500 Employees N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 See CONTINUATION Page The Fayetteville NC VA Coastal Healthcare System is requesting courier service transportation to include the pickup and delivery of laboratory specimens in support of laboratory testing.

Courier services shall include the pick-up, transportation and delivery of clinical laboratory specimens and/or clinical laboratory supplies for the purpose of laboratory testing.

Submit the quote, SF1449 and supporting information to the Contract Specialist, Serina Black at serina.black1@va.gov by the due date show in block 8.

See CONTINUATION Page X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

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

B.2 STATEMENT OF WORK

Courier Services for Transportation of Laboratory Specimens/Supplies

Title of Project: The Fayetteville NC VA Coastal Healthcare System, 2300 Ramsey Street, Fayetteville, NC 28301 is requesting courier service transportation to include the pickup and delivery of laboratory specimens in support of laboratory testing.

Scope of Work: Courier services shall include the pick-up, transportation and delivery of clinical laboratory specimens and/or clinical laboratory supplies for the purpose of laboratory testing. The Contractor shall provide pick-ups and deliveries on an as needed routine or STAT basis. The Government shall notify the Contractor of the need for each pick-up by telephone or email.

1. The contractor shall provide all labor, supervision, and transportation and any incidentals necessary for the successful performance of this Statement of Work (SOW).

2. The Contractor shall be responsible for transporting laboratory specimens from the Fayetteville Medical Center (FVAMC) laboratory to outlying facilities for laboratory specimens using laboratory provided professional grade locked transport bag(s) and returning the locked transport bag(s) to the FVAMC laboratory within 2-business days for deliveries within the state of North Carolina and 5-business days for deliveries outside of North Carolina.

3. The Contractor shall be responsible for maintaining documentation of delivery using the tracking log provided by the Government. Tracking documentation must be emailed or faxed to the Fayetteville VA at (910) 482-5049 or delivered in another VA approved delivery method to be agreed upon by both parties, with 24 hours of delivery.

4. The Contractor shall state their response time for pick up at the Fayetteville VA Medical center at 2300 Ramsey St. after notification of courier request to the following locations:

a. Local Fayetteville Commuting Area

b. Raleigh-Durham Commuting Area

c. Areas outside of North Carolina

5. The contractor shall be on call to the FVAMC laboratory staff. The Contractor shall be required, upon contract award, to provide local or toll free telephone numbers for contacting the Contractor’s local facility and/or satellite facilities, for dayshift and after hours coverage to include any time the Contractor’s facility does not have an individual stationed at their facility such as after routine business hours, weekends and/or holidays. The contractor shall be responsible for ensuring these numbers are kept current and up to date at all times.

Performance Period: This award shall be a base with four option years. The base shall begin March 1, 2023 thru February 28, 2023.

Type of Contract: Firm-fixed price with indefinite quantities.

FVAMC will provide estimate quantities for the base year period of 1 March 2023 through 28 February 2024. The Government estimates the volumes but does not guarantee pick up or delivery locations or volumes as listed; they are estimates ONLY. This IDC will be fixed price for the duration of the contract in accordance with the terms and conditions on this contract. The vendor shall quote pricing for the following services:

Description of Service

FVAMC to Asheville VAMC (One-Way)

FVAMC to Durham VAMC (One-Way)

FVAMC to Richmond VAMC (One-Way)

FVAMC to Salem VAMC (One-Way)

FVAMC to Salisbury VAMC (One-Way)

FVAMC to Hampton VAMC (One-Way)

FHCC to FVAMC (One-way)

WHCC to FVAMC (One-way)

Brunswick CBOC to FVAMC (One-Way)

Goldsboro CBOC to FVAMC (One-Way)

Jacksonville CBOC to FVAMC (One-Way)

Robeson CBOC to FVAMC (One-Way)

Sanford CBOC to FVAMC (One-Way)

Sampson County to FVAMC (One-Way)

FVAMC to Womack (One-way)

AirGas Durham,NC to FVAMC (One-way)

Return Trip Fee

After Hours Fee

Certification/Licensures: The Contractor’s couriers must be certified by meeting the specimen integrity and transportation guidelines. The contractor shall also possess and maintain all licenses, permits, accreditation and certificates required by local, state and federal laws for specimen transport.

Compliance: The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA). Additionally, the Contractor shall consent to abide by the requirements of the Health Insurance Portability and Accountability (HIPPA), Occupational Safety and Health Administration (OSHA), Protected Health Information (PHI), Code of Federal Regulations (CFR), Blood Borne Pathogen Awareness, and Infection Prevention and Control.

Copies of all relevant permits/licenses and certification inclusive of any sanctions current or pending throughout the United States of America must be supplied in response to this solicitation. In addition, as these documents are reissued, reworded, or renewed, the awarded Contractor must supply a copy to the Government.

Subcontractors: Any subcontractor to be utilized must be approved by the contracting officer prior to performance under this contract. The contractor shall notify the Contracting Officer of any change of subcontract. Any changes shall be submitted to the Contracting Officer in writing for review and approval.

Description of Requirements:

1. The Contractor shall be responsible for the transportation and storage of specimens in such a manner as to ensure the integrity and quality of the patient specimen. The patient samples will be transported in a locked container specifically designed for specimen transportation.

2. The patient specimens being transported may contain veteran personal identification which shall be transported in a locked container. The lockable transportation container will be provided by the Government.

3. The Contractor shall provide specimen pick-up and delivery services regardless of the number of specimens picked up. Transportation services shall be available 24 hours per day, 7 days per week including all Government holidays, and any other specifically day declared by the President of the United States to be a National holiday.

4. The Contractor will provide pick-ups and deliveries on an as needed basis. The Government shall notify the Contractor of the need for each pick-up by telephone.

5. The Government may exercise the right to adjust the transportation schedule with respect to the timetable and the number of daily pick-ups. A modified courier schedule may then be established.

6. Response time for emergency transportation services shall be within 1 hour of notification.

7. The Contractor’s personnel shall wear an identification (ID) badge while on the VA premises.

8. The Contractor’s personnel shall obey all posted traffic signs and park only in designated parking areas. Parking information is available from the VA Police Service. The Government will not invalidate or make reimbursement for traffic or parking violations of the Contractor’s personnel under any circumstances

9. During the term of this agreement, this program may need to be updated and/or revised to comply with regulatory requirements. This documentation should be made available to the Government upon their request.

Invoicing

1. The contractor shall invoice at least monthly from the date of award using the VA system for billing: Invoice Payment Processing System (IPPS) also known as the Tungsten Portal.

2. The parties agree that such fees payable hereunder shall not be less than "fair market value" of the services being provided, meaning the value in arms-length transaction, consistent with general market price.

3. The Contractor shall supply accurate data for annual contract renewal and timeliness of monthly billing reconciliation.

4. The contractor shall, when applicable, disclose if discounts are present on the invoice.

INFORMATION SECURITY GENERAL (Reference 839.201 & VHA Handbook 6500.6 App B)

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS (Reference VHA Handbook 6500.6 App C) A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

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

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

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

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

VA INFORMATION CUSTODIAL LANGUAGE

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d)

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

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

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

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

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12 If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

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

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

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

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

SECURITY INCIDENT INVESTIGATION

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.

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.

With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

In instances of theft or break-in or other criminal activity, the contractor/subcontractor 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.

LIQUIDATED DAMAGES FOR DATA BREACH

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) Date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(a) Notification;

(b) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(c) Data breach analysis;

(d) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(e) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(f) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

RECORDS MANAGEMENT

The following laws, codes, and regulations apply to this acquisition: 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

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 by the Freedom of Information Act.

Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

The Government Agency owns the rights to all data/records produced as part of this contract.

The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Fayetteville NC to Asheville NC (One Way) Contract Period: Base POP Begin: 03-01-2023 POP End: 02-28-2024

Fayetteville NC to Durham NC (One-Way)

Fayetteville NC to Richmond VA (One Way)

Fayetteville NC to Salem VA (One-Way)

Fayetteville NC to Salisbury NC (One-Way)

Fayetteville NC to Hampton VA (One-Way)

Fayetteville Medical Center to or From Fayetteville HCC (One-Way)

Wilmington HCC to or from Fayetteville VAMC (One-Way)

Brunswick CBOC to or from Fayetteville NC (One way)

Goldsboro CBOC to or from Fayetteville NC (One Way)

Jacksonville NC to or from Fayetteville NC (One Way)

Robeson County NC to or from Fayetteville NC (One-Way)

Sanford NC to or from Fayetteville NC (One Way)

Sampson County NC to or from Fayetteville NC (One Way)

Fayetteville NC to or from Womack Army Medical Center (One-Way)

AirGas Durham NC to Fayetteville NC (One-way)

Return trip fee

After hours trip fee

Fayetteville NC to Asheville NC (One Way) Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

Fayetteville NC to Durham NC (One-Way)

Fayetteville NC to Richmond VA (One Way)

Fayetteville NC to Salem VA (One-Way)

Fayetteville NC to Salisbury NC (One-Way)

Fayetteville NC to Hampton VA (One-Way)

Fayetteville Medical Center to or From Fayetteville HCC (One-Way)

Wilmington HCC to or from Fayetteville VAMC (One-Way)

Brunswick CBOC to or from Fayetteville NC (One way)

Goldsboro CBOC to or from Fayetteville NC (One Way)

Jacksonville NC to or from Fayetteville NC (One Way)

Robeson County NC to or from Fayetteville NC (One-Way)

Sanford NC to or from Fayetteville NC (One Way)

Sampson County NC to or from Fayetteville NC (One Way)

Fayetteville NC to or from Womack Army Medical Center (One-Way)

AirGas Durham NC to Fayetteville NC (One-way)

Return trip fee

After hours trip fee

Fayetteville NC to Asheville NC (One Way) Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

Fayetteville NC to Durham NC (One-Way)

Fayetteville NC to Richmond VA (One Way)

Fayetteville NC to Salem VA (One-Way)

Fayetteville NC to Salisbury NC (One-Way)

Fayetteville NC to Hampton VA (One-Way)

Fayetteville Medical Center to or From Fayetteville HCC (One-Way)

Wilmington HCC to or from Fayetteville VAMC (One-Way)

Brunswick CBOC to or from Fayetteville NC (One way)

Goldsboro CBOC to or from Fayetteville NC (One Way)

Jacksonville NC to or from Fayetteville NC (One Way)

Robeson County NC to or from Fayetteville NC (One-Way)

Sanford NC to or from Fayetteville NC (One Way)

Sampson County NC to or from Fayetteville NC (One Way)

Fayetteville NC to or from Womack Army Medical Center (One-Way)

AirGas Durham NC to Fayetteville NC (One-way)

Return trip fee

After hours trip fee

Fayetteville NC to Asheville NC (One Way) Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027

Fayetteville NC to Durham NC (One-Way)

Fayetteville NC to Richmond VA (One Way)

Fayetteville NC to Salem VA (One-Way)

Fayetteville NC to Salisbury NC (One-Way)

Fayetteville NC to Hampton VA (One-Way)

Fayetteville Medical Center to or From Fayetteville HCC (One-Way)

Wilmington HCC to or from Fayetteville VAMC (One-Way)

Brunswick CBOC to or from Fayetteville NC (One way)

Goldsboro CBOC to or from Fayetteville NC (One Way)

Jacksonville NC to or from Fayetteville NC (One Way)

Robeson County NC to or from Fayetteville NC (One-Way)

Sanford NC to or from Fayetteville NC (One Way)

Sampson County NC to or from Fayetteville NC (One Way)

Fayetteville NC to or from Womack Army Medical Center (One-Way)

AirGas Durham NC to Fayetteville NC (One-way)

Return trip fee

After hours trip fee

Fayetteville NC to Asheville NC (One Way) Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-28-2028

Fayetteville NC to Durham NC (One-Way)

Fayetteville NC to Richmond VA (One Way)

Fayetteville NC to Salem VA (One-Way)

Fayetteville NC to Salisbury NC (One-Way)

Fayetteville NC to Hampton VA (One-Way)

Fayetteville Medical Center to or From Fayetteville HCC (One-Way)

Wilmington HCC to or from Fayetteville VAMC (One-Way)

Brunswick CBOC to or from Fayetteville NC (One way)

Goldsboro CBOC to or from Fayetteville NC (One Way)

Jacksonville NC to or from Fayetteville NC (One Way)

Robeson County NC to or from Fayetteville NC (One-Way)

Sanford NC to or from Fayetteville NC (One Way)

Sampson County NC to or from Fayetteville NC (One Way)

Fayetteville NC to or from Womack Army Medical Center (One-Way)

AirGas Durham NC to Fayetteville NC (One-way)

Return trip fee

After hours trip fee

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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…