36C25023Q0895.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25023Q0895

6. SOLICITATION ISSUE DATE

8/02/2023

Debby Williams 937-268-6511 x4045 08-08-2023 12pm EDT

36C250 deborah.williams1@va.gov

Department of Veterans Affairs

Dayton VA Medical Center

3140 Governor’s Place Blvd. Suite 210

Kettering OH 45409-1337

X

562111

$47 Million

N/A

X

36C250

Department of Veterans Affairs

Aleda E. Lutz VA Medical Center

1500 Weiss St.

Saginaw MI 48602

36C250

Network Contracting Office (NCO) 10

Department of Veterans Affairs

3140 Governors Place Blvd. Suite 210

Kettering OH 45409-1337

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Solid Recycled Waste Disposal - Saginaw

See CONTINUATION Page

X X

X 1

Jennifer A. Johnson

Contracting Officer

36C25023Q0895

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 22

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

POC:

Email:

Phone:

b. GOVERNMENT: Contracting Officer 36C250 Debby Williams deborah.williams1@va.gov

Department of Veterans Affairs

Dayton VA Medical Center

3140 Governor’s Place Blvd. Suite 210

Kettering OH 45409-1337

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arrears

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

Requests.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

936.00 EA __________________ __________________

Contractor to provide all general waste removal services and removal of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid.

Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

780.00 EA __________________ __________________

of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid, recyclable materials.

Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

3.00 EA __________________ __________________

of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-landscape waste Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-landscape waste Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

1.00 EA __________________ __________________

of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-landscape waste Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-construction/demolition materials Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-construction/demolition materials Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-construction/demolition materials Contract Period: Base POP Begin: 08-17-2023 POP End: 08-16-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid.

Contract Period: Option 1 POP Begin: 08-17-2024 POP End: 08-16-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid, recyclable materials.

Contract Period: Option 1 POP Begin: 08-17-2024 POP End: 08-16-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-landscape waste Contract Period: Option 1 POP Begin: 08-17-2024 POP End: 08-16-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-landscape waste Contract Period: Option 1 POP Begin: 08-17-2024 POP End: 08-16-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-landscape waste Contract Period: Option 1 POP Begin: 08-17-2024 POP End: 08-16-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-construction/demolition materials Contract Period: Option 1 POP Begin: 08-17-2024 POP End: 08-16-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-construction/demolition materials Contract Period: Option 1 POP Begin: 08-16-2024 POP End: 08-16-2025

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-construction/demolition materials Contract Period: Option 1 POP Begin: 08-17-2024 POP End: 08-16-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid.

Contract Period: Option 2 POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid, recyclable materials.

Contract Period: Option 2 POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-landscape waste Contract Period: Option 2 POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-landscape waste Contract Period: Option 2

POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-landscape waste Contract Period: Option 2 POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-construction/demolition materials Contract Period: Option 2 POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-construction/demolition materials Contract Period: Option 2 POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-construction/demolition materials Contract Period: Option 2 POP Begin: 08-17-2025 POP End: 08-16-2026 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid.

Contract Period: Option 3

POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid, recyclable materials.

Contract Period: Option 3 POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-landscape waste Contract Period: Option 3 POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-landscape waste Contract Period: Option 3 POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-landscape waste Contract Period: Option 3 POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-construction/demolition materials Contract Period: Option 3

POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-construction/demolition materials Contract Period: Option 3 POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-construction/demolition materials Contract Period: Option 3 POP Begin: 08-17-2026 POP End: 08-16-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid.

Contract Period: Option 4 POP Begin: 08-17-2027 POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 8 Yard front load dumpster with lid, recyclable materials.

Contract Period: Option 4 POP Begin: 08-17-2027 POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-landscape waste Contract Period: Option 4 POP Begin: 08-17-2027

POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-landscape waste Contract Period: Option 4 POP Begin: 08-17-2027 POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-landscape waste Contract Period: Option 4 POP Begin: 08-17-2027 POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 10 yard roll off dumpster-construction/demolition materials Contract Period: Option 4 POP Begin: 08-17-2027 POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 20 yard roll off dumpster-construction/demolition materials Contract Period: Option 4 POP Begin: 08-17-2027 POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection of recyclable items at the Aleda E. Lutz VAMC. 30 yard roll off dumpster-construction/demolition materials Contract Period: Option 4 POP Begin: 08-17-2027 POP End: 08-16-2028 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

GRAND TOTAL __________________

B.3 STATEMENT OF WORK (SOW)

The Contractor shall provide all general waste removal services and removal of recyclable items at the Saginaw VA Medical Center located at 1500 Weiss Street, Saginaw, Michigan 48602. Service shall be performed from date of award for a period of one year with four (4) one-year renewal options which shall be exercised at the government’s discretion.

1. Requirements:

The contractor shall provide, maintain, and empty:

a. Three (3) eight (8) yard front loader dumpsters, with a lid, which will be emptied six (6) times weekly, Monday through Saturday, before 7am.

b. Three (3) eight (8) yard front loader dumpsters, with a lid, for recyclable cardboard and paper/plastic which will be emptied five (5) times per week, Monday through Friday, before 7am.

c. One each (1) - Ten (10) yard, twenty (20) yard and thirty (30) yard roll-off dumpsters for

Landscaping Materials, as required. The Contracting Officer Representative (COR) shall notify the Contractor when a roll-off dumpster is required for delivery and when pick-up is required. The contractor will be notified by phone and delivery, or pickup shall be completed the next day. Roll-Off Containers shall be covered using Roll-Off Truck tarps upon Pick Up.

d. One each (1) - Ten (10) yard, twenty (20) yard and thirty (30) yard roll-off dumpsters for

Construction/Demolition Materials, as required. The Contracting Officer Representative

(COR) shall notify the Contractor when a roll-off dumpster is required for delivery and when pick-up is required. The contractor will be notified by phone and delivery, or pickup shall be completed the next day. Roll-Off Containers shall be covered using Roll-Off

Truck tarps upon Pick Up.

2. Additional Requirements

a. Services shall be conducted before 7am on all days, excluding Federal Holidays. The holidays observed by the Federal Government are New Year’s Day, Martin Luther King

Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Also, any other day declared by the President of the United States to be a national holiday.

b. If a collection is missed, then collection will be completed the following day.

c. The COR will notify the contractor if containers need repair. The Contractor will be notified in writing and repairs shall be completed within 5-10 business days unless otherwise approved by the COR.

d. Containers shall be maintained in good repair and freshly painted at the beginning of the contract period and each option year exercised.

e. All dumpsters shall be placed according to locations specified by the COR.

f. All general waste or other materials scattered by the Contractor on facility grounds shall be picked up by the Contractor for all areas serviced.

g. Contractor shall assume full responsibility for compliance with all Federal, State, and

County laws, regulations, and rules governing the removal of waste.

h. Contractor shall be responsible for removing all debris, fluids, and other materials from the inside and outside of the containers to prevent the breeding of flies, insects, and other vermin, to include spillage from the compactor as it is moved for dumping.

i. Contractor shall provide an environment control plan due to accidental spills/clean up.

j. Contractor shall have evidence or a plan in place for landfill location for disposal of waste and recyclable materials.

3. Personnel Qualifications and Requirements:

a. Contractor employee(s) assigned to the performance of this contract shall be clearly distinguishable from VA employees. A name badge shall be worn to identify company and employee name.

b. Contractor shall appoint a project manager who shall be responsible for performance of waste removal services. The project manager shall be available by telephone when problems arise with contractor’s work, or an event of emergency arises at the facility which pertain to the contractor’s responsibilities or duties.

c. Contractor’s personnel may be required to interrupt work at any time to avoid interference with patient care procedures and the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, and equipment.

d. Contractor shall be responsible for handling the trash removal without Government employee assistance.

e. Contractor dispatch personnel must be available between the hours of 7:00am and

5:00pm, EST.

f. EMERGENCY PICK UPS: Infrequent emergency services may be required due to an overflow of waste or recycled materials from accumulations occurring between pickups and shall be done as a separate Purchase Order from this contract.

4. COORDINATION OF WORK:

a. Designation of the COR is the Facilities Management Service, Administrative Officer, who is located at the Saginaw VA Medical Center, 1500 Weiss Street, Building 1, room

1-B110, Saginaw, Michigan 48602. COR’s phone number is (989) 497-2500 x 13901.

b. Initial contact prior to the implementation of this contract is required with the COR.

Discussion of activation of this contract will be explained at that time, along with touring the facility, reviewing Scope of Work, ensuring I.D. badges are worn, and other VA rules and requirements.

5. SAFETY REQUIREMENTS:

a. Contractor shall be required to dispose of miscellaneous and non-edible garbage in such a manner as not to cause conditions detrimental to public, or to constitute a public nuisance.

b. Contractor’s truck shall be equipped with the proper safety and noise limiting devices and shall be in a safe operating condition.

c. Contractor shall provide all safety equipment for their employees in performance of this contract while on government property and shall abide by safe working standards.

d. In the performance of this contract, the contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the buildings.

6. OTHER REPORTS:

a. Contractor shall provide written COR quarterly reports consisting of volume of waste and recyclable materials collected from the medical center.

b. Cotractor shall provide COR proof of recycling statements on a quarterly interval.

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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. The level and process of background security investigations for contractors must be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive

Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

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

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).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure

VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that

VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

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. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

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

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate

Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

Intentionally left blank

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

Intentionally left blank

6. 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

COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

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.

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

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.

7. 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.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

(7) The likelihood that the sensitive personal information will or has been compromised

(made accessible to and usable by unauthorized persons);

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

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

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

Privacy Incidents, as appropriate; and

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

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

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least

3 relevant credit bureau reports;

(3) Data breach analysis;

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

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

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

8. SECURITY CONTROLS COMPLIANCE TESTING

Intentionally left blank

9. 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; and

(4) Successfully complete any additional cyber security or privacy training, as required for

VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication

800-16, Information Technology Security Training Requirements.]

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

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

(End of Clause)

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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 days.

(End of Clause)

C.3 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 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

(End of Clause)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.232-18 AVAILABILITY OF FUNDS APR 1984

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not refer in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the

SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/

(see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13

CFR 121, 125 and 128.).

https://veterans.certify.sba.gov/

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-

Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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).

[] (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. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

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

[] (ii) Alternate I (MAR 2020) of 52.219-6.

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

[] (ii) Alternate I (MAR…