36C24921Q0009_1.docx

Contract Opportunity Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice R614

SHREDDING SERVICES

James H. Quillen VA Medical Center 37129 36C24921Q0009 12-28-2020 8:00 am

CENTRAL TIME, CHICAGO, USA

N

SDVOSBC

561990 Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Contracting Officer Crystal Baird crystal.baird@va.gov 615-225-5427 James H. Quillen VA Medical Center Corner of Lamont and Veterans Way Dogwood Avenue, Building 205 Mountain Home

TN

37684 United States Combined Synopsis Solicitation Solicitation Number: 36C24921Q0009_1 Posted Date: December 4, 2020 Response Date/Time: December 28, 2020 at 8:00am CST Set Aside: SDVOSB

NAICS: 561990

PSC: R614

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-02 Effective 11-23-2020.

This solicitation is set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSB).

The associated North American Industrial Classification System (NAICS) code for this procurement is 561990, with a size standard of $7 million.

The James H. Quillen VA Medical Center is seeking document shredding services.

All interested companies shall provide quotations for the following:

DEPARTMENT OF VETERANS AFFAIRS

James H. Quillen VA Medical Center Statement of Work

ON-SITE SHREDDING/DOCUMENT DESTRUCTION SERVICES

1. GENERAL: The contractor shall provide all labor, supervision, secure collection containers, equipment, and transportation necessary to perform on-site document destruction and disposal of confidential documents at the Department of Veteran’s Health Administration (VHA) locations listed in paragraph 4 below and in accordance with performance requirements in paragraph 6 below.

2. BACKGROUND: James H. Quillen VA Medical Center (JHQVAMC) provides integrated health care services comprised of the Medical Center, at Mountain Home, TN, a free-standing full-service outpatient clinic in Knoxville and several VA Outpatient Clinics (VAOPC) located in Tennessee (Knoxville, Morristown, Rogersville, Sevierville, Mountain City and Campbell Co.) and Virginia (Norton, Vansant, Jonesville, and Bristol). JHQVAMC provides a full range of specialized medical services, including primary care, secondary acute care for medicine and surgery, specialized tertiary, outpatient care, a full range of extended care, and mental health services.

3. PERIOD OF PERFORMANCE: One base year period: April 1, 2021 – March 31, 2022, and four additional option years.

4. PLACES OF PERFORMANCE:

1. JHQVAMC, Mountain Home (Johnson City), TN 37684

2. Morristown VA Outpatient Clinic, 925 East Morris Blvd, Morristown, TN 37813

3. Rogersville VA Outpatient Clinic, 401 Scenic Drive, Rogersville, TN37857

4. William C. Talent VA Outpatient Clinic (WCTOPC), 8033 Ray Mears Blvd, Knoxville, TN 37888

5. WCTOPC Annex I - 1557 Downtown West Blvd, Suite 20-21, Knoxville, TN 37919

6. WCTOPC Annex II – 1521 Downtown West Blvd, Knoxville, TN 37919

7. Dannie A. Carr VA Outpatient Clinic, 1124 Blanton Dr., Sevierville, TN 37862

8. Campbell County VA Outpatient Clinic, 130 Independence Lane, LaFollette, TN 37757

9. Bristol VA Outpatient Clinic, 2525 Lee Highway, Bristol, VA 24202

10. Norton VA Outpatient Clinic, VA/KY Regional Center, 654 Highway 58 East, Norton, VA 24273

11. Mountain City VA Outpatient Clinic, 1141 Cold Springs Road, Mountain City, TN 37683

12. Veterans Recovery Leaning Center, 500 Washington Ave. Johnson City, TN 37684

5. DAYS AND HOURS OF OPERATION: Monday thru Friday, 8:00am – 4:00pm

6. PERFORMANCE REQUIREMENTS:

a. The contractor shall provide secured lockable collection containers specific to each designated location throughout the hospital, clinic, or facility for collection and storage of confidential documents, arm bands and IV bag labels until such time the shredding takes place.

b. Container sizes shall provide approximately 146, 32 gallons and 8, 95-gallon containers for all areas as shown in paragraph 4 above. Estimated quantities are specified per location in the contract. The containers shall be located throughout the facility and shall be provided by the contractor at no additional charge. Containers shall have locking mechanisms that are keyed alike with a master key that will open all containers. A set of keys shall be provided to the Contracting Officer Representative (COR) or designee.

c. The contractor shall provide enough labor and equipment necessary to transport collection containers from indoor designated location to an outdoor designated location where shredding will take place.

d. The contractor shall ensure confidential documents are protected from loss by gusts of wind or other atmospheric conditions.

e. The consoles will be distributed at the JHQVAMC, Mountain Home, TN and all other locations specified under paragraph 4 above to adequately handle the amount of paper generated at these facilities.

f. The contractor shall ensure the task of document destruction for all containers is conducted from start to finish on-site at each facility under paragraph 4 above, on the scheduled service day.

g. The contractor shall provide equipment that has the capability of shredding large volumes of documents per hour to reduce the time the contractor’s equipment utilizes government facilities limited parking spaces.

h. The contractor shall provide equipment that is capable of shredding large volumes of documents per hour that will produce cross cut shred articles per NIST 800-88 guidelines 0.5 mm and surface area of 0.25 mm or smaller, then pulped for recycling and prepare a cumulative service day service record certificate of destruction per the National Association for Information Destruction (NAID) standards for mobile units.

i. The contractor will destroy all paper products removed from the JHQVAMC and VAOPC through an acceptable process which will render the paper completely unreadable.

j. All shredding shall be performed in accordance with Department of Veteran’s Affairs Directive 6371, Destruction of Temporary Paper Records, and a final (quarterly) certificate of destruction stating “that all material covered by this service statement have been pulped to include total poundage per the terms of VA Directive 6371 and the Statement of Work (SOW)”.

k. The contractor shall provide a written schedule of the days and times service will be performed at each facility. The contractor shall perform services agreed upon by both JHQVAMC Contracting Officer (CO), the Contracting Officer’s Representative (COR) and the Contractor. Strict adherence to the schedule is expected. Any changes to the schedule shall be approved by the CO and copy provided to the COR.

l. Per VA guidelines, all paper material within the scope of this contract must be submitted for recycling and the contractor will provide detailed documentation substantiating this fact.

m. Upon arrival at each location, the contractor shall report to the meeting location designated by the COR or CORs designee prior to the performance of scheduled pick-up/shredding service. The COR will provide the list of designees for each location.

7. REFERENCE: VA Directive’s 6300, Records and Information Management and 6371, Destruction of Temporary Paper Records. An electronic version will be provided to the contractor by the CO at time of award.

8. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

a. Contractor employees shall be pre-authorized to witness destruction of confidential documents, i.e., Low Level Background Investigations (See Section 9, Special requirements).

b. Contractor employees found reading any of the VA materials shall be promptly removed from the premises where the document destruction is being performed and the person(s) involved shall not be allowed to return for any future document destruction services.

c. The contractor shall adhere to the VA policies applicable to all record destruction as outlined in VA Handbook 6300. These guidelines are designed to protect sensitive and private information from being disclosed to unauthorized parties and adhere to the Privacy Act and the HIPAA Privacy Rules and regulations. Examples of sensitive information include but are not limited to individually identifiable medical, benefits, and personnel information, financial, budgetary, research, quality assurance, contracting documentation, confidential commercial, critical infrastructure, investigatory, and law enforcement information. Subject to criminal prosecution, contractor employees shall comply with all manner of confidentiality when engaging in the destruction of all Department of Veteran’s Affairs records.

d. Contractor employees shall wear a uniform with the company name and logo and wear a PIV badge in plain view above the waist and employees name.

e. The contractor will be responsible to ensure contractor employees providing work on this contract are fully trained and completely competent to perform the required work. The contractor is responsible for completing background investigation documents on all personnel who are proposed to be on site. The COR will process the prospective documents for a PIV badge. The prospective employees will receive a fully validated PIV badge prior to the contractor’s employees entering service on this contract.

f. On pick up days the contractor shall immediately inform the COR at (423) 926-1171, 7633.

g. The contractor and contractor employees shall comply with Homeland Security Presidential Directive-12 (HSPD-12), NIST 800-53, Office of Management Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing standards Publication (FIPS PUB) Number 201, as amended. Contractor and contractor employees shall comply with the Privacy Act, VA Security requirements and HIPAA.

h. The contractor shall report to the CO and the COR any information or circumstances which they are aware of that may pose a threat to the security of the Department of Veteran’s Affairs personnel, contractor employees, resources and classified and unclassified information.

i. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or their contractor-owned vehicle while on the designated VA locations listed in paragraph 4. When the CO finds it in the best interest of the Government, he/she may at any time during the performance of this contract order the contractor to remove any employee from further performance under this contract for reasons of their moral character, unethical conduct, security reasons and violation of on-site building rules. Replacing contractor employees for any of the above reasons, all costs of removal and replacement will be borne by the contractor.

j. The contractor shall not hold any discussions or release any information relating to the contents of this contract to anyone not having a direct interest in the performance of this contract, without written consent of the CO.

k. The contractor shall not advertise information about projects performed for this contract without the express written consent/approval of the CO. Advertisement is considered but not limited to promotional brochures, posters, tradeshow handouts, world wide web pages, magazines, newspapers and similar promotions.

l. The contractor is required to comply with all security and personnel identification procedures at each facility. All contractor employees shall qualify and obtain a VA issued PIV badge prior performance of duties. The COR is the point of contact to obtain the PIV badge.

9. SPECIAL REQUIREMENTS:

a. Contractor Registration: Contractor shall be a legally registered business in the state of Tennessee and Virginia.

b. Contractor Vehicles: All vehicles used in the performance of this contract for the destruction of documents shall have the applicable government licensing and inspections for road worthiness on file.

c. HIPAA Responsibility: Contractor agrees to comply with the requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPPA). Notwithstanding anything to the contrary in this contract, all individually identifiable health information shall be treated as confidential by the parties in accordance with all applicable federal, state, or local laws and regulations governing the confidentiality and privacy of individually identifiable health information, including but without limitation, HIPPA and any regulations and official guidance promulgated there under, and the parties agree to take such additional steps and/or to negotiate such amendments to this contract as may be required to ensure that the parties are and remain in compliance with the HIPPA regulations and official guidance.

d. Security Requirements: The contractor and contractor employees shall be subject to the same federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at: http://checklists.nist.gov

e. Contractor Employee Security and HIPAA Training: Contractor must certify that all contractor employees have received VA Information Security Awareness and VHA Privacy Policy Training. This training can be accessed online through the VA External Education System found at: http://www.ees-learning.net/. Proof of training is required via printed certification of completion and must be provided to the CO/COR prior to applying for the PIV badge. The COR will provide the details required for obtaining the VHA Privacy Policy Training.

f. In accordance to VHA Directive 6500, Appendix G, VA National Rules of Behavior, each contractor must read and sign the VA National Rules of Behavior prior to gaining access to VA information and/or information systems. Contractors must initial and date each page of the copy of the VA National Rules of Behavior, they must also provide the information requested on the last page, sign and date it.

g. These requirements will be maintained in a contractor employee file by the CO/COR for each contractor employee working on contract.

h. The contractor will have to complete a standard Business Associate Agreement (BAA) in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPPA) upon award.

10. ADMINISTRATION:

a. Locations: The government reserves the right to modify the contract as needed to add or deleted VA locations.

b. Federal Holidays:

New Year’s Day Labor Day Martin Luther king Jr. Day Columbus Day Presidents Day Veteran’s Day Memorial Day Thanksgiving Fourth of July Christmas

The Certification and Accreditation requirements do not apply, and that a Security Accreditation Package is not required.

Steps 1 through 9 document the steps used for destruction of Controlled Unclassified Information

1. A set of keys shall be provided to the Contracting Officer Representative (COR) or designee.

2. Shred on-site to NAID AAA standards (crosscut, piece and tear - typical average cut 1-3/4" x 5/8") – Subcontractor to provide certificate of destruction for traceability (e.g., tracking via barcode scanning, shred container volume, and signature/time/date capture to authenticate turnover).

3. Bi-monthly schedule, or as-needed. Will monitor volume on a monthly basis to confirm established schedule meets organization needs.

4. As information is shred on-site to NAID AAA standards, it is co-mingled in the truck with like-shredded information from other customers. Transportation security controls shall include:

· Locking mechanism for vehicles and cargo areas equipped with an automatic alarm activation and warning device to advise of unattended unlocked compartments/vehicle.

· Vehicle theft prevention

· Detection System advising if any cargo-area locking or security system is improperly opened or fails while the vehicle is in motion

· Fire detection

5. Disposal Agent agrees to process and route the Destroyed Material by a mutually acceptable method and to a mutually agreed destination that fulfills the obligation to keep them from entering the public realm in a manner in which they could be reconstituted (such as in packing materials) or that is violation of any environmental regulations.

The Disposal Agent agrees that the final disposition method identified above will be adhered to unless notice and permission have been obtained from the Secure Destruction Service firm in writing in advance.

The Disposal Agent understands that the decision to use their firm to accept the Destroyed Material and process it under the agreed manner is required by the NAID AAA Certification standards

· The Disposal Agent understands that the decision by the Secure Destruction Service to transfer the Destroyed Materials to the Disposal Agent is made only in consideration of their ability and willingness to comply with this agreement.

· The Disposal Agent agrees to process and dispose of the Destroyed Materials as agreed herein

· The Secure Destruction Service also agrees that this is not an agreement that transfers any obligation or intention on the part of the Disposal Agent to provide secure destruction services.

The recycling facility manages the process once the pulped are transferred. Pulped will be graded and processed according to the grade, no visibility into this process as we consider the paper destroyed and non-reconstructable after the shredding process.

6. Subcontractors perform:

· background checks to require U.S. Citizen/non-green card holders and ITAR compliance

· drug testing (7 panel)

· safety and security screening to maintain a tightly controlled chain-of-custody throughout the destruction process.

· logged, escorted access to material prior to delivery to the recycling facility

· physical security of media transported for destruction while in the company’s custody.

Subcontractor identification required (e.g., uniform, badge) and carry two-way communication devices.

7. A shredding and recycling Certificate of Destruction is provided, ensuring the continuous protection of information for secure destruction.

8. Process and permanently destroy all materials as outlined above and by the National Association for Information Destruction (NAID) AAA standards. Produce, on a yearly basis, responsible recycling agreement that confirms recycling is not used for products such as packing material.

Participate in the NAID AAA Certification that requires that an Auditor review paperwork from the most recent inspection of all the Service Provider’s commercial vehicles within the time frame stated in the applicable state law regarding the nature and frequency of these inspections. NAID AAA Certification audits include, but is not limited compliance with the following:

· Data subject response policy

· Verification of entity legal status/ownership

· Transfer of custody (of undestroyed data-controlled media)

· Transparency in Pulped (applicable to NAID AAA certification

· Vehicle information (e.g., maintenance, driver two-way communication, locks, and security)

· Applicant-provided two-way communications

· Responsible handling

· Specs applicable to facility based NAID AAA Certification/Pre-certification Operations

· Visitor Log

· Secured Area in Multi-use facilities

· Facility intrusion and fire detection

· Closed Circuit image capture

· Collection-Only Facility Requirements

· Operational Security Logs

· Final disposition

· Quality Control Monitoring of Destruction Process – In accord with NAID AAA and as publicly stated and contractually agreed

· Responsible Disposal Requirement

· On Prem Destruction Requirement

· General Liability Requirements include:

· Obtain NAID AAA certification and audit reports from each facility performing this work quarterly.

· Perform on-site audit or obtain satisfactory evidence, a once per year, that particle size meets requirements (e.g., start w/empty truck at the facility and view the product)

· Perform tour, as requested, of facility operations, to include pulped

Requirements will be performed and evaluated. May require pickup of bins and incineration or pulp destruction for specifically identified information.

SCHEDULE:

All interested parties shall provide a quotation for the following:

Base Year Period of Performance: 04/01/2021-03/31/2022

Option Year One Period of Performance: 04/01/2022-03/31/2023

Option Year Two Period of Performance: 04/01/2023-03/31/2024

Option Year Three Period of Performance: 04/01/2024-03/31/2025

Option Year Four Period of Performance: 04/01/2025-03/31/2026

EVALUATION OF QUOTES:

Award will be made to the lowest price offeror that is determined to bring the BEST VALUE to the Government and meets the technical requirement of the solicitation. Award shall be made to the vendor whose quotation offers the best value to the government, considering technical acceptability, past performance, and price.

QUOTE FORMAT AND SUBMISSION REQUIREMENTS:

1. Offerors shall provide only one quote. Quote should be emailed to crystal.baird@va.gov NLT 12/28/2020 at 8:00 AM CST. Non-compliance with this requirement may result in disqualification of the quote.

1. All vendors must be registered and complete all entries in the System for Award Management (SAM) to be considered for award. Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM

1. All Quote submissions must list your DUNS number, CAGE code, and Federal TIN with Company name, POC, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit www.sam.gov. Lack of registration in the SAM database will make an offeror ineligible for award.

1. The government intends to award a Firm Fixed Price contract as a result of this RFQ that will include the terms and conditions set forth herein. To facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Offeror shall list exception(s) and rationale for the exception(s).

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

Point of Contact Any questions or concerns regarding this solicitation should be forwarded in writing only via email addressed to crystal.baird@va.gov subject line: 36C24920Q0009_1. Questions shall be submitted NO LATER THAN December 11, 2020 @ 8:00am CST.

Reference the following wage determinations applicable to this requirement:

2015-4642 Rev. 12 https://beta.sam.gov/wage-determination/2015-4642/12?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_selection=date&wdType=sca&state=TN&county=14780&cba=noCBA&prevP=prevPerfYesLocality&page=1

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Items” March 2020

1. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” OCT 2018

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” MAR 2020

52.204-4

52.204-9

PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

MAY 2011

JAN 2011

52.204-18

52.212-4

52.224-1

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

PRIVACY ACT NOTIFICATION

JUL 2016

OCT 2018

APR 1984

52.228-5

52.232-40

52.246-4

INSURANCE-WORK ON A GOVERNMENT INSTALLATION

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

INSPECTION OF SERVICES-FIXED PRICE

JAN 1997

DEC 2013

AUG 1996

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[X] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[X] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) (End of Addendum to 52.212-4) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[X] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)