36C24626Q0793.docx

36C24626Q0793 VAMC Durham Recycle Service Contract Solicitation

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

36C24626Q0793 07-27-2026 Cleveland Wynnne 757-728-7054 07-30-2026 10:00am

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 562111 $47 Million Net 30 N/A X Department of Veterans Affairs Durham VAMC 508 Fulton St Durham NC 27705 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 X See CONTINUATION Page Durham VAMC Recycle Service Contract This is a 100% Small Business set-aside.

See Schedule for Services for Pricing.

See Instruction for Offerors.

Indicate any and all discounts on quotation.

Offeror must ensure that the wages are paid to employees, at a minimum per attached WDOL's Wage Determinations.

See CONTINUATION Page 558-3660162-6181-856700-2660 0100561Z4 X X X Byron Brown Contracting Officer 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 Byron Brown

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.

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Comprehensive Recycling Services Includes all recurring recycling operations described in the PWS:

-Collection of mixed paper, cardboard, aluminum cans, glass, and additional recyclable materials.

-Provision, placement, and maintenance of locked collection boxes (30- and 55-gallon).

-Scheduled weekly pickups and “as-needed” service.

-Secure handling and destruction of PII-containing materials.

-Removal of baled cardboard (6–10 bales per call).

-Monthly statistical reporting (weights, categories, revenues).

-Education and training support for staff.

Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

0001AA

TBD = Provide pricing for one (1) TN but do not add it in your grand total.

Recyclable Materials Revenue Share (OCC & Aluminum) Reflects the 50/50 revenue-sharing arrangement for cardboard (OCC) and aluminum cans.

Contractor must document market value monthly.

VA credit as invoice adjustments applied accordingly.

Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Secure Shredding and Destruction Services Covers costs associated with secure collection, handling, on-site shredding, transportation, and final pulping/destruction of PII-containing paper, disks, tapes, and other sensitive materials in accordance with VA Directive 6371.

-Certificates of destruction delivered within 30 days.

-Billing must appear as separate line item per PWS.

Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

On-Demand Recycling Service Calls For pickups required within two days of VA request outside scheduled service.

Examples:

- High-volume events

- Unscheduled cardboard bale removal Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Optional Recycling Categories (Glass, Future Categories) Supports ability to expand into additional recyclable streams as participation increases.

Price as optional line item(s).

Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027

Comprehensive Recycling Services

-Collection of mixed paper, cardboard, aluminum cans, glass, and additional recyclable materials.

-Provision, placement, and maintenance of locked collection boxes (30- and 55-gallon).

-Scheduled weekly pickups and “as-needed” service.

-Secure handling and destruction of PII-containing materials.

-Removal of baled cardboard (6–10 bales per call).

-Monthly statistical reporting (weights, categories, revenues).

-Education and training support for staff.

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028

1001AA

TBD = Provide pricing for one (1) TN but do not add it in your grand total.

Reflects the 50/50 revenue-sharing arrangement for cardboard (OCC) and aluminum cans.

Contractor must document market value monthly.

VA credit as invoice adjustments applied accordingly.

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Covers costs associated with secure collection, handling, on-site shredding, transportation, and final pulping/destruction of PII-containing paper, disks, tapes, and other sensitive materials in accordance with VA Directive 6371.

-Certificates of destruction delivered within 30 days.

-Billing must appear as separate line item per PWS.

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

For pickups required within two days of VA request outside scheduled service.

Examples:

- High-volume events

- Unscheduled cardboard bale removal Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Supports ability to expand into additional recyclable streams as participation increases.

Price as optional line item(s).

Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028

Comprehensive Recycling Services

-Collection of mixed paper, cardboard, aluminum cans, glass, and additional recyclable materials.

-Provision, placement, and maintenance of locked collection boxes (30- and 55-gallon).

-Scheduled weekly pickups and “as-needed” service.

-Secure handling and destruction of PII-containing materials.

-Removal of baled cardboard (6–10 bales per call).

-Monthly statistical reporting (weights, categories, revenues).

-Education and training support for staff.

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029

2001AA

TBD = Provide pricing for one (1) TN but do not add it in your grand total.

Reflects the 50/50 revenue-sharing arrangement for cardboard (OCC) and aluminum cans.

Contractor must document market value monthly.

VA credit as invoice adjustments applied accordingly.

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Covers costs associated with secure collection, handling, on-site shredding, transportation, and final pulping/destruction of PII-containing paper, disks, tapes, and other sensitive materials in accordance with VA Directive 6371.

-Certificates of destruction delivered within 30 days.

-Billing must appear as separate line item per PWS.

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

For pickups required within two days of VA request outside scheduled service.

Examples:

- High-volume events

- Unscheduled cardboard bale removal Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Supports ability to expand into additional recyclable streams as participation increases.

Price as optional line item(s).

Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029

Comprehensive Recycling Services

-Collection of mixed paper, cardboard, aluminum cans, glass, and additional recyclable materials.

-Provision, placement, and maintenance of locked collection boxes (30- and 55-gallon).

-Scheduled weekly pickups and “as-needed” service.

-Secure handling and destruction of PII-containing materials.

-Removal of baled cardboard (6–10 bales per call).

-Monthly statistical reporting (weights, categories, revenues).

-Education and training support for staff.

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030

3001AA

TBD = Provide pricing for one (1) TN but do not add it in your grand total.

Reflects the 50/50 revenue-sharing arrangement for cardboard (OCC) and aluminum cans.

Contractor must document market value monthly.

VA credit as invoice adjustments applied accordingly.

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Covers costs associated with secure collection, handling, on-site shredding, transportation, and final pulping/destruction of PII-containing paper, disks, tapes, and other sensitive materials in accordance with VA Directive 6371.

-Certificates of destruction delivered within 30 days.

-Billing must appear as separate line item per PWS.

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

For pickups required within two days of VA request outside scheduled service.

Examples:

- High-volume events

- Unscheduled cardboard bale removal Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Supports ability to expand into additional recyclable streams as participation increases.

Price as optional line item(s).

Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030

Comprehensive Recycling Services

-Collection of mixed paper, cardboard, aluminum cans, glass, and additional recyclable materials.

-Provision, placement, and maintenance of locked collection boxes (30- and 55-gallon).

-Scheduled weekly pickups and “as-needed” service.

-Secure handling and destruction of PII-containing materials.

-Removal of baled cardboard (6–10 bales per call).

-Monthly statistical reporting (weights, categories, revenues).

-Education and training support for staff.

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031

4001AA

TBD = Provide pricing for one (1) TN but do not add it in your grand total.

Reflects the 50/50 revenue-sharing arrangement for cardboard (OCC) and aluminum cans.

Contractor must document market value monthly.

VA credit as invoice adjustments applied accordingly.

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Covers costs associated with secure collection, handling, on-site shredding, transportation, and final pulping/destruction of PII-containing paper, disks, tapes, and other sensitive materials in accordance with VA Directive 6371.

-Certificates of destruction delivered within 30 days.

-Billing must appear as separate line item per PWS.

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

For pickups required within two days of VA request outside scheduled service.

Examples:

- High-volume events

- Unscheduled cardboard bale removal Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031

TBD = Provide pricing for one (1) LB but do not add it in your grand total.

Supports ability to expand into additional recyclable streams as participation increases.

Price as optional line item(s).

Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031

36C24626Q0793

Page 1 of Page 1 of B.2 Performance Work Statement (PWS)

1.0 SCOPE:

Contractor must provide a full comprehensive recycling program for recyclable material collection and removal service throughout the Medical Center’s administrative and patient care areas.

1. Service sites:

a. Durham VAMC 507 Fulton St Durham, NC 27705

b. Hillandale CBOC 1824 Hillandale Rd & 1930 Hillandale Rd Durham, NC 27705

c. Brier Creek Dialysis 8081 Arco Corporate Dr, Ste 130 Raleigh, NC 27617

d. Croasidale CBOC 3114 Croasidale Dr.

Durham, NC 27705

e. Garner Outpatient Clinic 2700 Benson r.

Garner, NC, 27529

2.0 SERVICES TO INCLUDE:

a. Secure collection and protection of all paper and other records containing Personally, Identifiable Information culminating in final destruction under VA directive 6371.

b. Contractor must be capable of furnishing clean sanitary 30 and 55-gallon size collection lock boxes at strategic collection sites throughout the Medical Center.

Size may vary depending on location.

c. Collect recyclable mixed paper material from containers throughout the Medical Center and off-site (CBOC) clinics and satellite offices on a regular schedule determined from actual recyclable waste participation or demand one (1) day per week and available as needed.

d. Provide collection and removal services from Vendor owned correspondence locked boxes and contractor owned containers, when used, throughout the Medical Center as well as satellite locations. Recyclers collection containers must be free of defects that they do not damage VA property and contain all collected material and be covered for security and patient confidentiality.

e. Provide education seminars as needed for the staff.

f. Provide statistics on material recycled such as date of pickup, category of material and weight per category, as well as funds on buy back materials.

g. Provide original certificates of destruction within 30 days of final destruction.

h. Provide secure collection and destruction of compact disks and audio tapes and other plastic data as required.

i. Removal of baled cardboard from VA premises on demand (usually 6 to 10 bales per call) average weight of 700 pounds.

j. Provide for recycling program costs reduction by revenues generated by recycled materials. Provide for a 50%/50% sharing of the current market value on cardboard (OCC) and aluminum cans.

k. Provide for expansion of recycling program by the VAMC in the future into other categories of recyclable material such as glass.

l. Recycling program was established at first as “white” paper only throughout the Medical Center and presently includes phonebooks, cardboard, aluminum cans and glass. Expansion or recycling program upon participation to other categories to be determined.

Paper recycling program is a mixed paper program.

m. Contractor to pick up material within two (2) days of call, statistics to be provided to Chief, Environmental Management Service, on a monthly schedule.

3.0 CONFIDENTIALITY OF MATERIALS

a. Each container will be secured with a lock and key system that is not common to the community. Contractor staff on pick up dates after emptying the container contractor is responsible for immediately relocking the container lid.

b. Computer generated labels and other Personally Identifiable Information and other sensitive agency information of all individuals, including veterans, dependents and employees contained in paper, audio, video, or disk collected by the contractor will be maintained under strict control and responsibility of Contractor from collection to destruction. Contractor will destroy paper material first; by on station shredding and final destruction will be by pulping in accordance with VA Directive 6371 dated May 2, 2008. Contractor will provide written certification of pick up/receipt of destruction. Certification will be provided within 30 days of final destruction.

c. Billing for this shredding service will be provided as a separate line item on normal monthly invoices. Contractor is to deduct the cost of this service from the monthly credit that is normally given to the VA for regular existing recycling contract or bill the VA for the difference.

d. Recognizing that contractor may only be providing a service and is not the actual recycler of some of the materials handled by the contractor, contractor is aware of and agrees that the paper and hard material (disks / tapes) which is the subject of this contract may contain confidential patient, employee and other Veterans Administration information which is subject to and protected by Title 5, U.S. Code, Section 5522a, commonly known as the Privacy Act of 1974, and other confidentiality statutes to which the Department of Veterans Affairs is subject, including Title 38, U.S. Code, Section 3301 and Title 38, U.S. Code, Section 4132 and VA Directive 6371 dated May 2, 2008. Contractor acknowledges that it is fully bound by these statutes in carrying out its responsibilities in accordance with this contract and agrees that it will institute appropriate procedures to safeguard any documents and/or information received from the Medical Center. Contractor warrants that it will not sell, release, or otherwise disclose or distribute such materials or information to any individual or organization other than contractors’ employees as necessary to conduct work, or professional material recycling centers engaged in the process of final material destruction for recycling.

e. Contractor further agrees that in the event it should become involved in any judicial proceeding, it will resist any efforts by any other persons or entities to obtain access to patient information, which is not otherwise releasable under Title 38, U.S. Code, Section 4132.

4.0 Contractor further acknowledges that it is aware of certain civil and criminal penalties to which it maybe subjected if it fails to comply with the above requirements, specifically:

a. Civil suit may be bought against vendor by any party injured by its failure, and, in addition to damages, therefore, attorney fees and other litigation costs may be assessed against contractor.

b. In any suit in which the court determines that the contractor acted in a manner which was intentional or willful, the injured party may recover actual damages as provided by law.

c. Any employee of the contractor who willfully discloses any protected information may be guilty of a misdemeanor and subject to a fine as provide by law.

d. Any person who violates the provisions of Title 38, U.S. Code, Section 4132, may be fined as provided by law for a first offense and as provided by law in the case of any subsequent offense.

2. SECURITY:

a. Contractor must perform a background Special Agency Check (SAC) to include fingerprints on all employees who will be conducting work on VA Premises under this contract. Contractor must submit to the Contracting Officer evidence of the results of the background check(s) within 30 working days.

b. Contractor is not authorized the use of any VA computer, terminal or any data recording or transmission device.

c. The VHA requires vendors performing services directly or indirectly affecting the VHA Revenue Cycle, complete Compliance training. The VHA also requires vendors to complete Privacy Policy and Information Security training. This training can generally be accessed thru the following web address:

https://www.ees-learning.net (Check with the COR for the correct link)

5.0 SPECIAL CONTRACT REQUIREMENTS

1. WORK HOURS: The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on a Federal Holiday or during off duty hours as described below.

Normal working hours: Monday through Friday, 7:00 a.m. – 3:30 p.m., excluding federal holidays.

Federal Holidays: The 10 holidays observed by the Federal Government are:

Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

2. BACKGROUND INVESTIGATIONS: A full background check is not required; however, all contract employees must bring photo identification and notice from the required service to obtain a VA Badge to work on a VA Facility.

Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

6.0 BILLING AND PAYMENT: The contractor shall submit invoices electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests, via VA’s Electronic Invoice Presentment and Payment System. (See Web site http://www.tungsten-network.com/us/en/veterans-affairs-us/ )

All contractors shall be registered as a vendor to submit invoices in accordance with the Department of Veterans affairs e-Invoicing System at time of award.

Invoice(s) shall be submitted upon completion of service and shall include at a minimum:

· Date of invoice

· Contract Number

· Purchase Order Number

· Vendor Name

· Invoice Number

· Contract Line Item Number (CLIN)

· Date of Service

7.0 CONTRACT ADMINISTRATION: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

ALL CONTRACT ADMINISTRATION FUNCTIONS WILL BE RETAINED BY THE DEPARTMENT OF VETERANS AFFAIRS.

After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

POINTS OF CONTACT:

Contracting Officer’s (CO) Contracting Specialist Byron Brown(CO) Cleveland Wynne, CS Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office (NCO) 6 Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Hampton, Virginia 23667 Byron.Brown4@va.gov Cleveland.Wynne@va.gov

Contracting Officer’s Representative (COR)

TBD

Department of Veterans Affairs Veterans Affairs Medical Center 508 Fulton Street Durham, NC 27705 Tel: 919-286-0411 Ext.

8.0 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS):

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov . The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason, you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

9.0 VAMC SMOKE FREE POLICY

In striving to provide a healthy and safe environment at our facilities, VHA is implementing a smoke-free policy for all VHA health care facilities and property assigned to VHA that is under the charge and control of VA.

Under VHA Directive 1085, all VHA health care facilities (including CBOCs and HCCs) will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. The policy applies to cigarettes, cigars, pipes, or any other combustion of tobacco, including but not limited to electronic or e-cigarettes, vape pens or e-cigars.

Although VA has historically permitted smoking in designated areas, there is growing evidence that smoking and exposure to secondhand and thirdhand smoke creates significant medical risks, and risks to safety and direct patient care that are inconsistent with medical requirements and limitations.

10. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

LANGUAGE

1. GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

2. VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor 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 medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above- mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA.The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM).

d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company- owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.

(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA accesses will return VA- issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT. This entire section applies to information systems, systems, major applications, minor applications, enclaves, and platform information technologies (to include the subcomponents of each) designed or developed for or on behalf of VA by any non-VA entity.

a. Information systems designed or developed on behalf of VA at non-VA facilities shall comply with all applicable Federal law, regulations, and VA policies. This includes standards for the protection of electronic Protected Health Information (PHI), outlined in 45 C.F.R. Part 164, Subpart C and information and system security categorization level designations in accordance with FIPS 199, Standards for Security Categorization of Federal Information and Information Systems and FIPS 200, Minimum Security Requirements for Federal Information Systems. Baseline security controls shall be implemented commensurate with the FIPS 199 system security categorization (reference VA Handbook 6500 and VA Trusted Internet Connections (TIC) Architecture).

b. Contracted new developments require creation, testing, evaluation, and authorization in compliance with VA Assessment and Authorization (A&A) processes in VA Handbook 6500 and VA Information Security Knowledge Service to obtain an Authority to Operate (ATO). VA Directive 6517, Risk Management Framework for Cloud Computing Services, provides the security and privacy requirements for cloud environments.

c. VA IT contractors, subcontractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500, VA Handbook 6517, Risk Management Framework for Cloud Computing Services and Information Security Knowledge Service specifications in delivered IT systems/solutions, products and/or services. If systems/solutions, products and/or services do not directly match VA security requirements, the contractor shall work though the COR/CO to identify the VA organization responsible for governance or resolution. Contractors shall comply with FAR 39.1, specifically the prohibitions referenced.

d. The contractor (including producers and resellers) shall comply with Office of Management and Budget (OMB) M-22-18 and M-23-16 when using third-party software on VA information systems or otherwise affecting the VA information. This includes new software purchases and software renewals for software developed or modified by major version change after the issuance date of M- 22-18 (September 14, 2022). The term “software” includes firmware, operating systems, applications and application services (e.g., cloud-based software), as well as products containing software. The contractor shall provide a self- attestation that secure software development practices are utilized as outlined by Executive Order (EO)14028 and NIST Guidance.