36C24819Q1519-001.docx

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Tampa VA Onsite Sensitive Documents Shredding Service Federal contract opportunity
Solicitation number
36C24819Q1519
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8

About this file

This is a pre-solicitation for commercial items issued as a Request for Quote (RFQ) for onsite sensitive documents shredding services at the James A. Haley VA Medical Center and its associated facilities in Tampa, Florida. The requirement is a 100% set-aside for Service Disabled Veteran Owned Small Businesses. The opportunity is for a base year with four one-year option periods to provide weekly and biweekly pickup of locked bins containing sensitive documents for shredding services. Bins are located at the medical center and various outpatient clinics and range in size from 32 to 95 gallons. The solicitation includes pricing tables to identify unit prices for bin sizes and frequencies. Quotes are due by October 11, 2019 and must be submitted by a SDVOSB verified through the Vendor Information Pages database. The contracting office is the VA Network Contracting Office 8 in Tampa.

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36C24819Q1519

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24819Q1519 09-30-2019 Jose R. Sierra-Colon 813-972-2000 Ext. 2810 10-11-2019

0300PM

Y Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 560 Tampa FL 33637 X X $11 Million N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 00248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Tampa VA On-Site Sensitive Documents Shredding Service The James A. Haley VAMC, Environmental Management Service, requires routine on-site sensitive documents shredding services at James A. Haley VA Medical Center on 13000 Bruce B. Downs Blvd, Tampa FL 33612, VA Outpatient Patient Clinics it's Community Based Outpatient Clinics (CBOC's) in accordance with (IAW) the Performance Work Statement.

Government POC:

Jose R. Sierra-Colon Contracting Officer e-mail: jose.sierra-colon@va.gov Tel: 813-972-2000 Ext. 2810 See CONTINUATION Page X X One

JOSE R. SIERRA-COLON

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE5
ITEM INFORMATION5
B.3 DELIVERY SCHEDULE14
B.4 PSW15
B.5 BINS COUNT BY SIZE AND FREQUENCY PICK-UP SCHEDULE25
SECTION C - CONTRACT CLAUSES29
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)29
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS35
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)35
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)35
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS36
C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)36
C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)37
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)38
C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)39
C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)39
C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)40
C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)40
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS48
D.1 WAGE DETERMINATION48
SECTION E - SOLICITATION PROVISIONS48
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)48
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)54
E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)55
E.5 Clause 52.212-2 BASIS FOR AWARD56
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)56
E.7 52.217-5 EVALUATION OF OPTIONS (JUL 1990)73
E.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)73

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 36C248 Jose R. Sierra-Colon Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 560 Tampa FL 33637

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for 274 - 32 gal. Containers at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

Contract Period: Base POP Begin: 10-15-2019 POP End: 09-30-2020

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for five (5) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for seven (7) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for sixty-two (62) - 32 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for one hundred (100) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for twenty (20) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY MONTH On-site sensitive documents shredding services for one (1) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

TOTAL AMOUNT FOR BASE YEAR:

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for 274 - 32 gal. Containers at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for five (5) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for seven (7) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for sixty-two (62) - 32 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for one hundred (100) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for twenty (20) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY MONTH On-site sensitive documents shredding services for one (1) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

TOTAL AMOUNT FOR FIRST OPTION YEAR:

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for 274 - 32 gal. Containers at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for five (5) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for seven (7) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for sixty-two (62) - 32 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for one hundred (100) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for twenty (20) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY MONTH On-site sensitive documents shredding services for one (1) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

TOTAL AMOUNT FOR SECOND OPTION YEAR:

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for 274 - 32 gal. Containers at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for five (5) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for seven (7) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for sixty-two (62) - 32 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for one hundred (100) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for twenty (20) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY MONTH On-site sensitive documents shredding services for one (1) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

TOTAL AMOUNT FOR THIRD OPTION YEAR:

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for 274 - 32 gal. Containers at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for five (5) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide WEEKLY On-site sensitive documents shredding services for seven (7) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for sixty-two (62) - 32 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for one hundred (100) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY TWO (2) WEEKS On-site sensitive documents shredding services for twenty (20) - 95 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

12.00
MO
__________________
__________________

To provide ONCE EVERY MONTH On-site sensitive documents shredding services for one (1) - 64 gal. containers located at multiple locations within the James A. Haley VA Medical Center in accordance with (IAW) the Performance Work Statement. "See BIN's Count and Location List" Price shall be per BIN's. BIN's price shall include the Shredding Service for documents.

POP Begin: 10-01-2023

TOTAL AMOUNT FOR FOURTH OPTION YEAR:

CONTRACT GRAND TOTAL VALUE

B.3 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001 TO 0007
SHIP TO:
James A. Haley

13000 Bruce B, Downs Blvd Tampa, FL 33612 4745

USA

12.00
10-15-2019 THROUGH 09-30-2020
MARK FOR:
MACIA ARNOLD

813-927-2000 Ext. 6716 Marcia.Arnold@va.gov

1001 TO 1007
SHIP TO:
James A. Haley

13000 Bruce B, Downs Blvd Tampa, FL 33612 4745

USA

12.00
10-15-2020 THROUGH 09-30-2021
MARK FOR:
MACIA ARNOLD
2001 TO 2007
SHIP TO:
James A. Haley

13000 Bruce B, Downs Blvd Tampa, FL 33612 4745

USA

12.00
10-15-2021 THROUGH 09-30-2022
MARK FOR:
MACIA ARNOLD
3001 TO 3007
SHIP TO:
James A. Haley

13000 Bruce B, Downs Blvd Tampa, FL 33612 4745

USA

12.00
10-15-2022 THROUGH 09-30-2023
MARK FOR:
MACIA ARNOLD
4001 TO 4007
SHIP TO:
James A. Haley

13000 Bruce B, Downs Blvd Tampa, FL 33612 4745

USA

12.00
10-15-2023 THROUGH 09-30-2024
MARK FOR:
MACIA ARNOLD

B.4 PSW

Page 1 of Page 1 of Performance Work Statement

1. INTRODUCTION

The James A. Haley Veterans’ Hospital (JAHVA) is an accredited comprehensive medical provider, providing general medical, surgical, inpatient and outpatient mental health services to an estimated Veteran population of more than 152,000. The JAHVA also includes centers for AIDS/HIV, prosthetic treatment, and spinal cord injury rehabilitation, as well as a Geriatric Research, Education, and Clinical Center and is recognized as a Center of Excellence in Spinal Cord Injury Research, Substance Abuse Treatment and Chest Pain. The JAHVA consists of one Medical Center (hospital), several Community Based Outpatient Clinics (CBOC), Vet Centers and warehouses spanning across the Tampa Bay area.

2. DESCRIPTION / SCOPE / OBJECTIVE

2.1 The JAHVA, Environmental Management Service, requires routine sensitive document shredding services.

2.2 Definition: VA Sensitive Information/Data:

· All Department data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information.

· The term includes information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act of 1974 and HIPAA Privacy Rule, and information that could be withheld under the Freedom of Information Act.

· Examples of VA sensitive information include the following: Individually-identifiable medical, benefits, and personnel information, financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information, information that is confidential and privileged in litigation, such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege, and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the National interest or the conduct of Federal Programs.

3. APPLICABLE DOCUMENTS

The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

Federal Acquisition Regulation (FAR)
https://www.acquisition.gov/browse/index/far
Veterans Administration Acquisition Regulation (VAAR)
https://www.va.gov/oal/library/vaar/vaar852.asp
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
https://www.ihs.gov/hipaa/
VA Directive 6371 (Apr. 8, 2014), Destruction of Temporary Paper Records
https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=742&FType=2
VHA Directive 6300 (Oct. 22, 2018, Records Management
https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8113

3.1 Glossary:

AQL
Acceptable Quality Level
CBOC
Community-Based Outpatient Clinic(s)
CMP
Contract Management Plan
COR
Contracting Officer’s Representative
CO
Contracting Officer
EMS
Environmental Management Service
IAW
In Accordance With
JAHVA
James A. Haley Veterans Hospital
PWS
Performance Work Statement
POC
Point of Contact
PCR
Project Completion Report
VAMC
VA Medical Center

4. PERFORMANCE REQUIREMENTS

The JAHVA, Environmental Management Service, requires routine sensitive document shredding services. Contractor shall provide all labor, supervision, supplies, equipment, tools, materials, all supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for successful completion of the requirements as herein defined for routine sensitive document and pill bottle destruction/shredding services.

The types of paper will be co-mingled and will include office paper, any color any type, labels, post-it notes, forms, etc. This list is not all-inclusive and may include compact disks (CD), floppy disks, other storage media, and limited quantities of incidentals such as staples, paper clips, envelopes, file folders, newspapers, rubber bands and other types of paper. All shredded material must be used for recycling purposes and cannot be sold as packing material. All shredding shall take place at Government facilities or grounds and shall be witnessed by a VA employee. Contractor shall shred materials in accordance with regulations referenced in PSW Section 3 at the facilities listed in PSW Section 5.1. All work will be done in accordance with the requirements of this solicitation and VA Directive 6371.

4.1 The Contractor shall deliver approximately 469 lockable bins to house all sensitive documents for shredding. Delivery should occur within thirty (30) calendar days of contract award. Contractor shall provide additional lockable containers as needed or required by the Government during the performance of the contract.

4.2 Contractor shall shred all paper before leaving the facility grounds.

All material is to be cross-cut.

4.3 Contractor shall provide lockable containers of a size to sufficiently contain and secure the number of sensitive documents disposed of in between document destruction. An estimated sizes and quantities the contractor shall provide are as follow: 336 each 32gal. consoles; 106 each 64 gal. bins; and 27 each 95 gal.

4.4 Contractor shall provide a key to the lockable containers to the Contracting Officer Representative (COR) to use in case of emergency.

4.5 Contractor shall not allow anyone access to the shredding containers without permission from COR or Contracting Officer (CO).

4.6 Contractor shall be responsible for visual inspection of locks. Any damaged or broken locks will be replaced by Contractor.

4.7 Containers will be placed in centralized locations throughout the JAHVA. Location of where to place the lockable containers at each facility will be provided upon award of contract. The lockable containers will have informative labels to aid in identification and use.

4.8 The Contractor must provide equipment to do all shredding onsite. Outcome of materials shall be unrecognizable, and impossible to reconstruct and sized no larger than necessary for recycling. The delivery vehicle(s) used in the performance of this contract shall be licensed, registered and insured. The VA reserves the right to inspect the Contractor’s equipment and vehicles.

4.9 Certificate of Destruction Service Report (CDSR): The Contractor shall provide a CDSR upon completion of each destruction site visit. The CDSR shall contain the date of destruction, total weight of destructive material, and site location where sensitive material was destroyed.

a. CDSR shall be furnished to the COR via email within two (2) business days of completed service for inspection and acceptance.

b. COR shall provide Contractor with deficiencies leading to the rejection of any CDSR. The COR shall identify in writing the corrections that must be made to facilitate Government acceptance.

c. Contractor shall resubmit the CDSR with all corrections via email within 24 hours.

5. PERFORMANCE LOCATION AND HOURS

5.1All contract performance under this PWS shall occur at the following location:
James A. Haley Veterans Hospital Performance Locations

James A. Haley VA Medical Center - 13000 Bruce B. Downs Blvd, Tampa FL 33612

Outpatient Pharmacy – 12210 Bruce B Downs Blvd, Tampa, FL 33612

Dermatology Clinic – 12210 Bruce B Downs Blvd, Tampa, FL 33612

Audiology Clinic – 14020 N 46th St, Tampa, FL 33613

Safety Center - 8900 Grand Oak Circle, Tampa FL 33637

Home Telehealth - 8900 Grand Oak Cir. Suite 200B Rm.232/233 Tampa, FL 33637

Out Patient Clinic - 10770 N. 46th St. Tampa, FL 33617

Ophthalmology - Eye Clinic - 10770 N 46th St, Tampa, FL 33617

Domiciliary - 4700 North Habana Ave. Tampa, FL 33614

Call Center - 10770 N 46th St. Suite A300 Tampa, FL 33617

CWT - 10770 N 46th St. Suite 400 Tampa FL 33617

HPBC - 10770 N 46TH St. #850 Tampa 33617

Per Diem Office - 10770 N 46th St. #200 Tampa 33607

Homeless Vet Center - 10770 n 46TH St. #100 Tampa 33617

Compensation & Pension North Office 14020 N 46Th St. Tampa, FL 33613

Compensation & Pension South Office 10770 46Th St. Suite A-200 Tampa, FL 33613

Domiciliary – 4700 N. Habana Ave. Tampa, FL 33614

Procurement Business Division – 8875 Hidden River Parkway Tampa, FL33637

Finance Department - 8875 Hidden River Parkway Tampa, FL33637

Field Service Office - 8875 Hidden River Parkway 2nd Floor Tampa, FL33637

Brooksville CBOC – 14540 Cortez Blvd. Brooksville, FL 34613

Physical Therapy – 14530 N. 42nd St. Tampa, FL 33614

Recovery Center – 14517 Bruce B. Downs Blvd. Tampa, FL 33613

Lakeland Multi – 4231 S. Pipkin Lakeland, FL 33811

Lakeland CBOC – 4237 S. Pipkin, Lakeland, FL 33811

Lakeland Vet Center – 1370 Ariana Street, Lakeland, FL 33803

New Port Richey OPC- 9912 Little Rd. New Port Richey, FL 34654

Mental Health Annex - 7701 Little Rd. New Port Richey, FL 34654

New Port Richey Dental Clinic - 5138 Deer Park Dr. New Port Richey, FL 34654

Whole Health - 8900 Grand Oak Circle, Wing B, 1st Floor Tampa, FL 33637

Human Resources Office – 8900 Grand Oaks Circle, 3rd floor Tampa, FL 33637

Pasco OPC Eye Clinic – 11031 US Highway 19, New Port Richey, FL 34668

PASCO Vet Center – 5139 Deer Park Drive, Newport Richey, FL 34653

Zephyrhills CBOC – 11031 US Highway 19, New Port Richey, FL 34668

Mental Health Clinic - 6938 Medical View Zephyrhills, FL 34662

Home Oxygen - 5910 Breckenridge Parkway, Suite E, Tampa, FL 33610

Primary Care Annex – 13515 Lake Terrace LN, Tampa, FL 33637

Tampa Vet Center – Fountain Oaks Business Plaza – 3637 W. Waters Avenue, Suite 600, Tampa, FL 33609

South Hillsborough CBOC – 12920 Summerfield Crossing Blvd, Riverview, FL 33579

Lecanto Clinic – 2804 West Marc Knighton Court #A, Lecanto, FL 34461

5.2 Document shredding services at the James A. Haley Veterans Hospital will be provided as follows:

· James A. Haley Veterans Hospital, Bruce B Downs Blvd, weekly on Fridays, between the hours of 8:00am to 4:30pm.

· Tampa VA Outpatient Clinics and the surrounding CBOC’s, and all other locations here listed biweekly (once every two weeks) on Thursdays, between the hours of 8:00am to 4:30pm.

· If the pick-up days falls on a holiday, the Contractor shall be required to perform services on the next business day following the holiday.

6. CONTRACTOR PERSONNEL AND MANAGEMENT

6.1Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative controls necessary to meet the contract specifications and requirements.
6.2Contractor Badges. Contractor personnel shall wear a laminated contractor identification badge at all times when performing services under this Contract. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.
6.3All Contractor personnel attending meetings or working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such.
6.4Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. VA Police has full authority for law enforcement and security activities on VA property and shall have the express right to inspect for security violations at any time during the term of the contract.
6.5All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.
6.6The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the Public Affairs Officer.
6.7The following standards of conduct are applicable to all contractor personnel on the premises for the express purpose of performance under this PWS:

a. Personnel Conduct: Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken, written, and limit access to the assigned areas.). The Government may require the Contractor to remove any employee performing under this contract for reasons of suspected misconduct, security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not be liable for any expenses incurred due to the removal of Contractor personnel.

b. Weapons: Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

c. Clothing, Appearance, and Personal Hygiene: Contractor personnel shall be professionally dressed in attire suitable to the work being performed in accordance with the PWS. Contractors’ appearance shall be neatly groomed. Contractor clothing or uniforms shall be clean, neat, and free of large stains (no larger than a quarter in size). Contractor shall utilize sufficient personal hygiene practices so as not to be odoriferous.

d. The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

e. Contractor personnel shall restrict their movements to the areas described within the PWS, restrooms within the local vicinity and public common areas such as the Canteen and smoking areas; i.e. Contractor personnel should not wander the halls of the Medical Center and be found in areas outside of reasonable proximity of the designated performance areas during scheduled performance hours.

7. TRAVEL

This requirement does not require travel outside of the locations provided.

8. NON-PERSONAL SERVICE STATEMENT

Contractor employees performing services in accordance with this PWS will be controlled, directed, and supervised at all times by Contractor management personnel. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

9. CONTRACT MANAGEMENT

The contract shall be managed through the Government Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP).

9.1 Post-Award Contract Kick-Off Meeting: The purpose of this meeting is to ensure a mutual understanding of the requirements as outlined within the PWS. Prior to contract performance, the Contracting Officer will arrange for a meeting with the Contractor and COR to discuss the work in general, address any Contractor questions, to include contract administration matters and issues for clarification, that require resolution before performance commences.

9.2 Site Access: The Government shall coordinate the scheduling of work to coincide with site access. The Government shall be responsible for providing access to the respective areas scheduled for performance.

9.3 The Contractor shall furnish the names of all Contractor personnel to be on-site per visit, via e-mail. The names shall be provided seven (7) business days prior to the scheduled service date. The Contractor shall alert the Government to any changes in personnel as soon as the need for a change is known.

10. INCIDENT MANAGEMENT

10.1 The Contractor shall immediately communicate any accidents, equipment, or environmental damages that are seen prior to or during contract performance to the COR.

a. The Contractor shall notify the COR immediately.

b. The Contractor shall provide the Government with a written Incident Report, to include the time, date, location, description of the incident, and names of involved parties.

c. Examples of such incidents that need to be reported include but are not limited to, breach of containment area, unauthorized personnel entering performance sites, vandalism, etc.

10.2 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 COR 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.

10.3 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.

10.4 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.

10.5 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.

11. TRAINING:

11.1 All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training and Privacy and HIPAA Training. The successful Contractor shall be required to be in compliance with HIPAA requirements and will be required to sign a Business Associate Agreement with the VA. This training can be accessed on line through the VA Learning Management System (LMS) or the VA can provide a video to the Contractor to show to its employees that will be performing on this contract. Proof of training is required. The COR will provide the details required for obtaining the VHA Privacy Policy Training.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior.

11.2 The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required.

11.3 Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

B.5 BINS COUNT BY SIZE AND FREQUENCY PICK-UP SCHEDULE

LOCATION
32 GAL. CONTAINERS
64 GAL. BINS
95 GAL. BINS
FREQUENCY
James A. Haley VA Hospital (JAHVA) - 13000 Bruce B. Downs Blvd, Tampa FL 33612
274
5
7
Weekly on Fridays

JAHVA Outpatient Pharmacy – 12210 Bruce B Downs Blvd, Tampa, FL 33612

6
19
0
Once Every two (2) weeks on Thursday’s

JAHVA Dermatology Clinic – 12210 Bruce B Downs Blvd, Tampa, FL 33612

2
1
0
Once Every two (2) weeks on Thursday’s

Audiology Clinic – 14020 N 46th St, Tampa, FL 33613

1
0
0
Once Every two (2) weeks on Thursday’s
Safety Center - 8900 Grand Oak Circle, Tampa FL 33637
0
0
15
Once Every two (2) weeks on Thursday’s

Home Telehealth 8900 Grand Oak Cir.

Suite 200B Rm.232/233 Tampa, FL 33637

0
1
0
Once Every two (2) weeks on Thursday’s

Out Patient Clinic 10770 N. 46th St. Tampa, FL 33617

0
8
0
Once Every two (2) weeks on Thursday’s
Ophthalmology Eye Clinic - 10770 N 46th St, Tampa, FL 33617
0
3
0
Once Every two (2) weeks on Thursday’s
Call Center 10770 N 46th St. Suite A300 Tampa, FL 33617
0
1
0
Once Every two (2) weeks on Thursday’s
CWT 10770 N 46th St. Suite 400 Tampa FL 33617
0
2
0
Once Every two (2) weeks on Thursday’s

HPBC

10770 N 46TH St. #850 Tampa 33617

0
6
0
Once Every two (2) weeks on Thursday’s

Per Diem Office 10770 N 46th St. #200 Tampa 33607

0
2
0
Once Every two (2) weeks on Thursday’s

Homeless Vet 10770 n 46TH St. #100 Tampa 33617

0
1
0
Once Every two (2) weeks on Thursday’s

Compensation and Pension South Office 10770 N 46th St. Suite A200 Tampa, FL 33607

2
1
0
Once Every two (2) weeks on Thursday’s

Compensation and Pension North Office 14020 N 46th St. Tampa, FL 33613

2
1
0
Once Every two (2) weeks on Thursday’s

Domiciliary 4700 North Habana Ave. Tampa, FL 33614

0
2
0
Once Every two (2) weeks on Thursday’s
Procurement Business Division – 8875 Hidden River Parkway 5th Floor Tampa, 33637
0
2
1
Once Every two (2) weeks on Thursday’s
VA Finance – 8875 Hidden River Parkway Tampa, FL 33637
1
5
0
Once Every two (2) weeks on Thursday’s
Field Office 8875 Hidden River Parkway Tampa, FL 33637
0
1
0
Once Every month on Thursday’s

Brooksville CBOC – 14540 Cortez Blvd. Brooksville, FL 34613

4
0
0
Once Every two (2) weeks on Thursday’s

Physical Therapy 14530 N 42nd St.

Tampa, FL 33614

0
2
0
Once Every two (2) weeks on Thursday’s

Recovery Center 14517 Bruce B. Downs Tampa, FL 33613

0
1
0
Once Every two (2) weeks on Thursday’s
Lakeland CBOC – 4237 S. Pipkin, Lakeland, FL 33811
0
1
2
Once Every two (2) weeks on Thursday’s
Lakeland Multi – 4231 S. Pipkin, Lakeland, FL 33811
0
2
0
Once Every two (2) weeks
Lakeland Vet Center – 1370 Ariana Street, Lakeland, FL 33803
1
0
0
Once Every two (2) weeks
New Port Richey OPC- 9912 Little Rd. New Port Richey, FL 34654
14
9
0
Once Every two (2) weeks on Thursday’s
Mental Health Annex 7701 Little Rd. New Port Richey, FL 33654
1
1
0
Once Every two (2) weeks on Thursday’s

NPR VA Dental Clinic - 5138 Deer Park Dr.

New Port Richey, FL 346653

2
0
0
Once Every two (2) weeks on Thursday’s

NPR Home Base Pharmacy 7347 Ridge Rd.

NPR, FL 34653

0
4
0
Once Every two (2) weeks on Thursday’s

Whole Health 8900 Grand Oak Circle, Wing B, 1st Floor Tampa, FL 33637

1
0
0
Once Every two (2) weeks on Thursday’s

Pasco OPC Eye Clinic 11031 US Highway 19 New Port Richey, FL 34654

0
1
0
Once Every Two (2) weeks on Thursday’s

Human Resources Office 8900 Grand Oaks Circle, 3rd Floor Tampa, FL 33637

2
0
2
Once Every Two (2) weeks on Thursday’s

Pasco Vet Center 5139 Deer Park Dr.

New Port Richey, FL 346531

1
0
0
Once Every Two (2) weeks on Thursday’s

Zephyrhills CBOC 11031 US Highway 19 Newport Richey, FL 34668

0
2
0
Once Every Two (2) weeks on Thursday’s

Mental Health Clinic 6938 Medical View Zephyrhills, FL 34662

0
2
0
Once Every Two (2) weeks on Thursday’s

Home Oxygen 5910 Breckenridge Parkway – Suite E Tampa, FL 33610

0
1
0
Once Every Two (2) weeks on Thursday’s

Primary Care Annex 13515 Lake Terrace Ln.

Tampa, FL 33637

10
9
0
Once Every Two (2) weeks on Thursday’s

Tampa Vet Center Fountain Oaks Business Plaza 3637 W. Waters Ave.-Suite 600 Tampa, FL 33609

0
1
0
Once Every Two (2) weeks on Thursday’s

South Hillsborough CBOC 12920 Summerfield Crossing Blvd.

Riverview, FL 33579

0
9
0
Once Every Two (2) weeks on Thursday’s
Lecanto Clinic – 2804 West Marc Knighton Court #A, Lecanto, FL 34461
12
0
0
Once Every Two (2) weeks on Thursday’s
TOTAL
336
106
27

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

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