36C25018Q0370-001.docx

36C25018Q0370 RLRVAMC Lab Courier Services

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

583-19-1-054-0001 36C25018Q0370 06-25-2018 Nikki Horther 260-426-5431 x 71593 07-16-2018 1:00 Department of Veterans Affairs Network Contracting Office 10 Ft. Wayne Campus 2500 E State Blvd Fort Wayne IN 46805 X X 492110 1500 Employees X N/A X Department of Veterans Affairs Veterans Health Indiana Healthcare Syste Richard L Roudebush VA Medical Center 1481 W 10th Street Indianapolis IN 46202 Department of Veterans Affairs Network Contracting Office 10 Ft. Wayne Campus 2500 E State Blvd Fort Wayne IN 46805

Department of Veterans Affairs Financial Management System (FMS) PO Box 149971 Austin TX 78714-9971 512-242-7300 N/A Contractor shall provide all necessary transportation, fuel, labor, uniforms, equipment and supplies as required for scheduled same day courier services to pick-up laboratory specimens, pharmaceutical materials and supplies to, from and between Richard L Roudebush VA Medical Center in Indianapolis, IN and its outlying facilities in accordance with the Performance Work Statement.

See Schedule of Supplies/Services 583-3690160-054-822300-2220 010022300 X X Nikki Horther Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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

a. CONTRACTOR: Name: ___________________________________________

Address: _________________________________________

City, State, Zip: ___________________________________

Telephone Number: ________________________________

Fax Number: _____________________________________

E-mail address: ___________________________________

DUNS: __________________________________________

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:

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.

5. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:

1) Blocks 17(a) and 30(a-c) of SF 1449

2) Contract Administration Data

3) The Price/Cost Schedule, Section B

4) 52.212-1, Instructions to Offerors--Commercial Items, Quote Submission Information

5) SDVOSB Self Performance Certification

6) 52.209-7, Information Regarding Responsibility Matters

7) 52.212-3, Representations and Certifications, or valid completion in SAM is acceptable

Information shall be received by the date and time specified in Block 8 of SF 1449 to be considered for award.

Sealed offers will be received at:

Department of Veterans Affairs, VANIHCS, Attn: Nikki Horther (90C), 2121 Lake Avenue, Fort Wayne, IN 46805 or if hand-carried to

Nikki Horther, VA Outpatient Annex, 2500 E State Boulevard, Room 415, Fort Wayne, IN 46805.

b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror may be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

c. Simplified Acquisition Procedures of FAR Subpart 13.5 are being used to conduct the procurement.

d. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

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

AMENDMENT NO DATE

B.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10, VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.2 SCHEDULE OF SUPPLIES/SERVICES

Description: Contractor shall provide all necessary transportation, fuel, labor, uniforms, identification badges, equipment and supplies as required for scheduled same day courier services to pick-up laboratory specimens and supplies in accordance with the Statement of Work. Period of performance is from October 1, 2018 through September 30, 2019 with four one-year option periods to be exercised at the discretion of the Government.

The total minimum dollar amount, or guaranteed minimum, for the contract is $10,000.00.

The maximum total of the contract shall not exceed $1,500,000.00.

Invoices shall list the line item number for each service rendered.

Schedule of Services:

Base Year: Period of October 1, 2018 through September 30, 2019

Qty

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Terre Haute Mental OC Service M-F Pick-up time 3:10 pm

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Bloomington VA Mental Health Clinic Service M-F Pick-up time 3:10 Martinsville VA OC Service M-F Pick-up time 3:30 pm

Service M-F Pick-up time 11:00 am Indy West VA Clinic Service M-F Pick-up time 3:30 pm

Service S-S Pick-up time 11:00 pm

Service M-F Pick-up time 3:00 pm

As Needed Runs

Estimated Total for Base Year

Option Year 1: Period of October 1, 2019 through September 30, 2020

Qty

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Terre Haute Mental OC Service M-F Pick-up time 3:10 pm

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Bloomington VA Mental Health Clinic Service M-F Pick-up time 3:10 Martinsville VA OC Service M-F Pick-up time 3:30 pm

Service M-F Pick-up time 11:00 am Indy West VA Clinic Service M-F Pick-up time 3:30 pm

Service S-S Pick-up time 11:00 pm

Service M-F Pick-up time 3:00 pm

As Needed Runs

Estimated Total for Option Year 1

Option Year 2: Period of October 1, 2020 through September 30, 2021

Qty

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Terre Haute Mental OC Service M-F Pick-up time 3:10 pm

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Bloomington VA Mental Health Clinic Service M-F Pick-up time 3:10 Martinsville VA OC Service M-F Pick-up time 3:30 pm

Service M-F Pick-up time 11:00 am Indy West VA Clinic Service M-F Pick-up time 3:30 pm

Service S-S Pick-up time 11:00 pm

Service M-F Pick-up time 3:00 pm

As Needed Runs

Estimated Total for Option Year 2

Option Year 3: Period of October 1, 2021 through September 30, 2022

Qty

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Terre Haute Mental OC Service M-F Pick-up time 3:10 pm

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Bloomington VA Mental Health Clinic Service M-F Pick-up time 3:10 Martinsville VA OC Service M-F Pick-up time 3:30 pm

Service M-F Pick-up time 11:00 am Indy West VA Clinic Service M-F Pick-up time 3:30 pm

Service S-S Pick-up time 11:00 pm

Service M-F Pick-up time 3:00 pm

As Needed Runs

Estimated Total for Option Year 3

Option Year 4: Period of October 1, 2022 through September 30, 2023

Qty

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Terre Haute Mental OC Service M-F Pick-up time 3:10 pm

Service M-F Pick-up time 3:00 pm

Service M-F Pick-up time 3:00 pm Bloomington VA Mental Health Clinic Service M-F Pick-up time 3:10 Martinsville VA OC Service M-F Pick-up time 3:30 pm

Service M-F Pick-up time 11:00 am Indy West VA Clinic Service M-F Pick-up time 3:30 pm

Service S-S Pick-up time 11:00 pm

Service M-F Pick-up time 3:00 pm

As Needed Runs

Estimated Total for Option Year 4

Total Base Year

Total Option Year 1

Total Option Year 2

Total Option Year 3

Total Option Year 4

Grand Total

B.3 PERFORMANCE WORK STATEMENT

Part I: General Information

A. Introduction The Department of Veterans Affairs, Veterans Health Indiana Healthcare System, Richard L Roudebush VA Medical Center (RLRVAMC) in Indianapolis, IN requires scheduled, unscheduled and STAT courier service to transport and deliver laboratory specimens and supplies between the Medical Center and its supported facilities; pick-up and delivery of medication for veterans; and transport of specimens to other medical institutions.

B. Background RLRVAMC and its outlying facilities provide both inpatient and outpatient services to Veterans. The supported facilities draw labs but are not able to provide analysis services requiring specimens to be transported to the RLRVAMC Lab or other medical institutions.

C. Scope Contractor shall provide all necessary transportation, fuel, labor, uniforms, equipment and supplies as required for scheduled same day courier services to pick-up laboratory specimens, pharmaceutical materials, and supplies to, from and between RLRVAMC in Indianapolis, IN; the West Lafayette VA Outpatient Clinic, West Lafayette, IN; the Terre Haute VA Clinic and the Terre Haute Mental Health Outpatient Clinic, Terre Haute, IN; Wakeman VA Outpatient Clinic, Camp Atterbury, Edinburgh, IN; Bloomington VA Clinic and Bloomington VA Mental Health Clinic, Bloomington, IN; Martinsville Outpatient Clinic, Martinsville, IN; Indy West VA Clinic, Indianapolis, IN; Domiciliary, Indianapolis, IN; and Shelbyville VA Outpatient Clinic, Shelbyville, IN. Laboratory specimens may include blood, urine and stool samples. Contractor shall also provide unscheduled and STAT courier services, and provide medication and supply deliveries both inside and outside of Marion County.

The Contractor shall ensure the confidentiality of all patient information on laboratory specimens and medications being transported. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-574).

D. Applicable Documents Universal Precautions:

· DOT (US Department of Transportation), Transporting Infectious Substances Safely, https://hazmatonline.phmsa.dot.gov/services/publication_documents/PHH50-0079-0706%20Transporting%20Infectious%20Substances%20Safely.pdf

· CDC (Centers for Disease Control), Transportation of Infectious Substances, http://www.cdc.gov/biosafety/publications/bmbl5/BMBL5_appendixC.pdf

· OSHA (Occupational Safety and Health Organization), Bloodborne Pathogens, https://www.osha.gov/SLTC/bloodbornepathogens/standards.html

Part II: Work Requirements

A. Technical Requirements:

1. Contractor shall provide all necessary transportation, fuel, labor, uniforms, identification badges, equipment and supplies as required for scheduled same day courier services to pick-up laboratory specimens and pharmaceutical materials, and supplies in accordance with the following schedule. Contractor shall pick up at the RLRVAMC Laboratory, delivery empty specimen cools and/or supplies to the scheduled pick-up location and return to deliver specimens RLRVAMC. Scheduled times are Monday through Friday except for the Domiciliary which requires daily services. Pick-up and delivery of specimens or supplies shall be from and to VA employees only. All times are Eastern. No changes shall be made by the pick-up location or contractor.

Scheduled Courier Services

b) Terre Haute VA Mental Health Clinic 3:00 pm

3:10 pm

3:30 pm

4:30 pm M-F

2. Biological specimens and supplies:

a. Specimens for delivery/pickup are a combination of room temperature, refrigerated, and/or frozen specimens. Laboratory specimens, i.e. body fluids (blood, urine and stool), will be properly packaged by Government personnel in inner and outer containers and stored at the proper temperature. Empty transport containers are returned to the scheduled pick-up location on each daily run from RLRVAMC Pathology & Lab.

b. All specimens must be transported in accordance with all Department of Transportation and OSHA Codes of Federal Regulations (CFR) 29 and 49.

c. Supplies, if any, are generally light loads weighing not more than 5-10 pounds.

2. Pharmaceutical Medications and/or supplies:

Contractor shall pick up medications at RLRVAMC Pharmacy and deliver to the specified patient or patient’s representative per instructions. Contractor shall contact the Pharmacy for further instructions if unable to deliver as directed.

3. Pharmaceutical packages will be prepared by Government personnel for delivery by the courier service.

a. Appropriate pick-up and delivery instructions are provided by the Pharmacy.

b. Delivery of pharmaceutical medications and supplies shall occur inside and outside of Marion County.

c. All pharmaceutical medication and/or supplies shall be transported in accordance with the Department of Transportation and OSHA Codes of Federal Regulations (CFR) 29 AND 49.

d. Supplies are generally light loads weighing not more than 5-10 pounds.

4. Contractor shall provide all necessary transportation, fuel, labor, uniforms, equipment and supplies as required for unscheduled and STAT courier services which occur 24 hours per day, 7 days per week and includes holidays. Any of the VA facilities listed in the Scheduled Services table may place unscheduled and STAT courier service orders. Contractor shall provide to each site telephone number, account number and other information as appropriate to place the unscheduled and STAT order.

a. Contractor shall pickup within 60 minutes for an unscheduled phone request and deliver pharmaceutical medication, and/or supplies to Indiana locations in and outside of Marion County. Delivery shall be completed within 120 minutes from call to delivery of product.

b. STAT courier services shall be completed within 60 minutes from the call to delivery of product.

c. Services shall include pick-up and delivery of laboratory specimens for unscheduled locations. Possible Unscheduled and STAT Courier locations include the scheduled locations to/from the RLRVAMC Lab as well as from the RLRVAMC Lab to the following locations. There may be other locations:

· Eskenazi Health, 720 Eskenazi Avenue, Indianapolis, IN

· IU Health Pathology Lab, 350 W 11th Street, Indianapolis, IN

· Kindred Hospital Pharmacy, 1700 W 10th Street, Indianapolis, IN

· Indiana State Board of Health, 550 W 16th Street, Indianapolis, IN

· Mid America Clinical Labs, 2560 Shadeland Avenue, Indianapolis, IN

· Mid-America Lab St Vincent, 2001 W 86th Street, Indianapolis, IN

· Anti-Coagulation Clinic, 2669 Cold Spring Road, Building 43, Indianapolis, IN 46222

· Indiana Blood Center, 3450 N Meridian Street, Indianapolis, IN 46208

5. The Contractor shall maintain a log of daily courier pickups and deliveries indicating time and date of pickup/delivery, number of specimens per location and signatures. A copy of these logs shall be provided to the COR at the end of each month. Upon arrival at the Richard L. Roudebush VA Medical Center Laboratory, the Contractor shall provide and complete a Courier Specimen Receiving Log to include the date, point of origin, time of specimen pick-up, time of delivery, and driver initials. A copy of these logs shall be provided to the COR at the end of each month.

6. When transporting specimens, the Contractor shall follow procedures to prevent any exposure, contamination or release while in transport. If specimens transported are lost or broken, the Contractor shall submit a written report to the COR and the Laboratory Manager the same day.

7. Contractor employees transporting test specimens shall be trained in the Universal Precautions, listed under Applicable Documents in Part I, in the handling of biohazard materials (specimens). Training shall include utilizing clinical procedures in case of biohazard spills and accidents. Contractor employees shall carry appropriate Personal Protective Equipment (PPE) and spill kits. Contractor shall furnish a record of all required training.

8. Contractor’s vehicles shall have the company name/logo prominently displayed and be fully insured. Vehicles used in the performance of this contract shall be licensed and meet all minimum vehicle requirements as mandated by the State of Indiana, to include a Hazardous Waste Certificate if required.

9. Contractor employees shall be properly licensed for the vehicle driven to include any special licensure required for the transporting of hazardous waste. Contractor employees shall not allow any riders in the vehicle, shall not allow anyone other than the driver or VA employees handle items being transported, and shall not make non-emergent stops. Contractor employees shall wear visible identification at all times while on the premises of any Federal property. The Contractor shall park in the appropriate designated parking areas.

10. Contractor shall secure vehicles when left unattended. If vehicle must be left unattended with motor running, a second set of keys may be necessary so that the vehicle can be securely locked.

11. The Contractor shall notify the COR or designee by phone within five minutes or less of any unforeseen delays or unusual events (traffic, road construction, road detours, weather) regarding delivery of specimens that shall cause delay to the scheduled delivery time from each clinic.

12. The Contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications. The Contractor shall develop and implement procedures to track, identify, prevent, remedy and ensure non-recurrence of defective services. The Contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The Contractor shall immediately notify the COR upon receipt of a customer complaint so joint validation may be accomplished. The Contractor shall be responsible for quality control and specification compliance.

B. Contract Monitoring The COR will monitor the Contractor’s performance checking for timely pick-up and deliveries, the quality/integrity of delivered laboratory specimens, and customer satisfaction. Monthly log sheets will be evaluated and compared to the monthly invoices for correctness and corresponding dates of service. The COR will communicate with all facilities to ensure timely pick-up and receipt of laboratory specimens and that the specimens meet the required integrity.

C. Deliverables

1. Contractor shall provide a certificate of insurance covering courier services and vehicles.

2. Contractor shall provide electronic monthly log sheets denoting time and type of pick-ups and deliveries for each location.

Part III: Supporting Information

A. Security The C&A requirements do not apply and a Security Accreditation Package is not required.

B. Place of Performance:

· RLRVAMC, 1481 W 10th Street, Indianapolis, IN

· West Lafayette VA Outpatient Clinic, 3851 North River Road, Room 7C, W Lafayette, IN 47906

· Terre Haute VA Outpatient Clinic, 372-378 Honey Creek Drive, Terre Haute, IN 47802

· Terre Haute VA Mental Health Outpatient Clinic, 70 W Honey Creek Parkway, Terre Haute, IN 47802

· Wakeman VA Outpatient Clinic, 3791 10th Street, Camp Atterbury, Edinburgh, IN 46124

· Bloomington VA Clinic, 455 S Landmark Avenue, Bloomington, IN 47403

· Bloomington VA Mental Health Clinic, 1332 W Arch Haven Avenue, Blooming, IN 47403

· Martinsville VA Outpatient Clinic, 2200 John R Wooden Drive, Martinsville, IN 46151

· Indy West VA Clinic, 3850 Shore Drive #203, Indianapolis, IN 46254

· Domiciliary, 9045 E 59th Street, Indianapolis, IN 46216

· Shelbyville VA Outpatient Clinic, 30 W Rampart Street, Shelbyville, IN 47176

C. Period of Performance:

Period of performance is from October 1, 2018 through September 30, 2019 with four, one-year option periods to be exercised at the discretion of the Government.

D. Government-Furnished Property RLRVAMC will furnish containers for specimens, records, mail and supplies.

E. Qualifications of Key Personnel Contractor and all drivers shall be a minimum of 21 years old; shall be fluent in reading, writing, speaking and understanding English; shall maintain a neat, clean, and professional appearance; and shall be easily recognized as a contractor employee. Drivers shall be licensed in accordance with the State of Indiana, to include any special licensure required for the transporting of hazardous waste. Drivers shall complete annual VA National Privacy Training. Contractor employees shall not be considered Government employees for any purpose.

F. Hours of Work:

Pick-up and delivery times for each trip shall be per the Scheduled Services Table, Monday through Friday, excluding federal holidays, except for service to the Domiciliary and unscheduled services which are 365 days per year. Federal holidays are New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas, and any other day specifically declared by the President of the United States to be a national holiday.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information.

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

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

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

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies.

4. SECURITY INCIDENT INVESTIGATION

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

b. 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

d. 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.

5. LIQUIDATED DAMAGES FOR DATA BREACH

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

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

6. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

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

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training.

36C25018Q0370 RLRVAMC Lab Courier Services

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under…