36C25222Q0922.docx

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE 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

36C25222Q0922 09-08-2022 Joni Dorr 09-20-2022 10:00

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 561990 $12 Million N/A X 36C252 Clement J Zablocki VA Medical Center and Associated Community-Based Outpatient Clinics

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page This firm fixed-price requirement is for one base and four option year periods for onsite document destruction at the Clement J Zablocki VA Medical Center and associated CBOCs in accordance with the Statement of Work.

The following DOL Wage Determinations shall apply to any award made from this solicitation:

2015-4887 (rev 19) dated 6/27/2022 2015-4899 (rev 19) dated 6/27/2022 2015-4907 (rev 18) dated 7/1/2022 2015-4919 (rev 21) dated 6/27/2022 See CONTINUATION Page X X X B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449) OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

SAM UEI NO. ____________________________________________

b. GOVERNMENT: JONI DORR, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted monthly in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-489-6135 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

5. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

6. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer erika.cannaday@va.gov and joni.dorr@va.gov no later than WEDNESDAY, SEPTEMBER 14, AT 10:00 a.m. LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days.

7. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

8. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. All VA property is considered Federal property and all Federal laws are applicable.

b. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

d. All contractor personnel are required to adhere to all VA rules and regulations.

e. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

f. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

g. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

9. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

10. SECURITY & PRIVACY CONTROL:

The Authorization & Accreditation (A&A) requirements of VHA Handbook 6500.6 do not apply to this requirement, therefore, a Security Accreditation Package is not required. No A&A or MOU/ISA is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security.

If there are any questions related to privacy, please have a member of your staff contact the VA Privacy Service at (202) 461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at (304) 262-7733.

· Privacy Act and HIPAA Compliance: The Contractor understands and agrees that property obtained for destruction under this contract may contain records previously maintained as a system of records subject to the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA). The Contractor is subject to the provisions of the Privacy Act and HIPAA and is responsible for compliance with the provisions with respect to the handling and disposal of protected information. Collection containers are to meet the requirements of the National Fire Protection Association Life Safety Code 101 Chapter 19 7.5.7.1 and 7.5.7.2.

· Training: 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 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 VA Privacy and Information Security Awareness and Rules training annually.

· Security Requirements: Contractor staff involved in this contract will have incidental access to some privileged and confidential materials of the US Government. These documents are for internal use only and remain the sole property of the US Government. Some of the materials are protected by Privacy Act of 1974 (Amended) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials, by any Contractor or Subcontracted staff, is a criminal offense. The Contractor is responsible for actions of contract employees. The Contractor acknowledges that in the performance of this contract, the Contractor will have incidental access to sensitive information, including personal identifying and personal healthcare information, information provided on a proprietary basis by carriers, equipment manufacturers, and other private or public entities. The Contractor agrees to safeguard these privileges and use the information exclusively in the performance of this contract. The Contractor shall comply with applicable Government regulations regarding information document security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

· Routine Access and Personal Identity Verification of Contractor Personnel:

The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

It shall be the responsibility of the prime Contractor to return such identification to the VA.

11. Contract personnel and Security Badges: The Contractor shall provide qualified employees and an adequate workforce for the uninterrupted performance on all tasks defined herein. The Contractor shall provide the COR with a list of Contractor employees expected to enter the buildings to pick up confidential documents. While on VA premises, all Contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

· Each Contractor employee expected to pick up and destroy sensitive documents under this contract shall undergo a Special Agreement Check (SAC). Any costs associated therewith are the responsibility of the Contractor. Contractor shall not commence work until the Contracting Officer has received notification that an investigation has been initiated. Contractor personnel shall initiate a SAC at the PIV office located at Clement J. Zablocki VA Medical Center. A favorable adjudication must be received for Contractor employees to continue performance.

· An access badge will be given to the Contractor’s employee upon entrance into VA buildings. The Contractor employee must safeguard the access badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their access badges. Access badges must be worn at or above the waist (facing forward.). The Contractor’s employees must return the access badge(s) to the COR or designee at the end of each pickup process.

· The Contractor shall be required to comply with all security policies/requirements of the facility. All security policies/requirements must be met, and employees cleared prior to the Contractor performing work under this contract. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

· It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with each facility COR.

All Contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform in accordance with the statement of work is: Special Agreement Check (SAC) & National Agency Check with Inquiries (NACI). This requirement is applicable to all Subcontractor personnel requiring the same access. Costs associated with background investigations are the responsibility of the Contractor.

B.2 STATEMENT OF WORK

ON-SITE SENSITIVE DOCUMENT DESTRUCTION – SHREDDING SERVICES

A. General: This non-personal services contract is to provide on-site sensitive document destruction/shredding services. The Contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform onsite document destruction services at the Clement J. Zablocki VA Medical Center, and Community-Based Outpatient Clinics in Green Bay, Appleton, and Cleveland WI. The Contractor shall perform to the standards in the contract as well as all local, state, and federal regulations.

B. Purpose: The Department of Veterans Affairs (VA), Clement J. Zablocki VA Medical Center and Community-Based Outpatient Clinics (CBOCs) require on-site sensitive document destruction/shredding services. The Contractor shall furnish all labor, personnel, equipment to include tools, materials, and vehicles, supervision, and other related services necessary to perform on-site document destruction/shredding services for the Clement J. Zablocki VA Medical Center and Community-Based Outpatient Clinics (CBOCs). Zablocki shall provide their own confidential containers (consoles/bins). The Contractor shall provide confidential containers as outlined in Section J. Contractor shall destroy documents on-site and provide a certificate of destruction.

C. Type of Contract: Firm Fixed Price (FFP)

D. Place of Performance:

Clement J. Zablocki VA Medical Center 5000 W. National Avenue Milwaukee, WI 53295-0001

Milo C. Huempfner VA Outpatient Clinic (CBOC) 2851 University Avenue Green Bay, WI 54311-5855

John H. Bradley VA Outpatient Clinic (CBOC) 10 Tri-Park Way Appleton, WI 54914-1658

Cleveland VA Clinic (CBOC) 1205 North Avenue Cleveland, WI 53015-1413

The Government shall provide an area at each facility for the Contractor to perform destruction services. This area shall be coordinated with the COR.

E. Periods of Performance:

F. Recognized Holidays: Document destruction services shall not be conducted on the following federal holidays nor any other day declared a Federal Holiday by the President of the United States:

Thanksgiving Day

When a federal holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by Government agencies, when a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

G. Hours of Operation: The Contractor is responsible for conducting business during normal business hours 8:00 a.m. to 4:30 p.m., local time. Monday through Friday, except federal holiday, as outlined in Part F of the SOW. All services shall be provided during normal business hours and shall occur at regular intervals at the time coordinated with the Contracting Officer Representative (COR).

H. Scope of Work: The Contractor shall provide and equipment to accomplish on-site collection and destruction of sensitive documents for Clement. Zablocki VA Medical Center and CBOCS described in section D.

· Basic Services: The Contractor shall provide all labor, supervision, apparatus, materials, equipment, and supplies, necessary or incidental, to provide collection and destruction of sensitive documents for on-site destruction at Clement J. Zablocki VA Medical Center and CBOCS, as outlined herein.

· At the Clement J. Zablocki VA Medical Center, housekeeping employees shall collect materials throughout the Clement J. Zablocki VA Medical Center and bring the material to a central location determined by the COR and communicated to the Contractor after award. The Contractor shall shred all sensitive documents from that central location.

· At each of the CBOCs Contractor personnel shall collect sensitive documents to be shredded from their individual locations within the facilities and have those materials shredded on site.

· On-Site Destruction: Items collected for destruction shall not leave the facility grounds until on-site destruction services have been completed. All items to be destroyed/shredded shall be shredded on-site at the location as coordinated with the COR. The scheduled pick-up and destruction requirements are defined in the B.2 Price/Cost Schedule.

· The Contractor shall provide a schedule for destruction to the COR within one (1) week of award date. Once the schedule is established, destruction location will be coordinated with the COR. If the regularly scheduled destruction day falls on a holiday, as outlined in Part F of the SOW, the Contractor can perform the service either the day prior to or the day after the holiday and shall inform the COR of the alternate date.

· Document Separation: The VA shall not be required to separate documents by color or grade of paper or remove paper clips or other fasteners.

· Pick-Up: The Contractor shall secure, transport, and store until destruction services are completed on-site. The Contractor shall maintain a chain of custody from pick-up to final destruction. The Contractor shall return containers to their proper locations following destruction at the CBOCs and to the central collection location at Zablocki. The VA will designate a VA employee to accompany the Contractor as containers are transported and oversee the contents as they are destroyed. Materials collected for destruction and disposal shall be secured until the destruction process commences. It is complete when the confidential material is rendered unrecognizable. The Contractor shall provide document destruction services in compliance with VA Directive 6371, dated April 8, 2014. The work shall be accomplished by bonded employees.

· Reporting: The Contractor shall deliver industry-standard Certificates of Destruction for completed destruction, in accordance with applicable regulations, immediately after services, to include at a minimum the following information required to meet HIPAA regulations and VA Directive 6371:

a. Date of document pick-up

b. Number of containers picked-up

c. Date of destruction

d. Method of destruction

e. Description of the disposed records: Sensitive Documents

f. Statement that the documents were received secured

g. Statement that the documents were destroyed in the normal course of business

h. Signature of the individual(s) supervising and witnessing the destruction

i. Printed name of the individual that performed the destruction

j. Location of the site of destruction

I. Quality Control: The Contractor shall develop and maintain quality programs to ensure document destruction services (shredding) are being performed in accordance with commonly accepted commercial practices and the requirements specified in this SOW. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. At a minimum, the Contractor shall develop quality control procedures addressing the areas where the acceptable quality levels were not met. The Contractor is responsible for quality control and specification compliance.

J. Containers.

· Type: The Contractor shall provide the container type provided in the chart below, entitled “Contractor Furnished Containers”. Containers shall be maintained in good, sanitary conditions. The Contracting Officer Representative (COR) may reject any container that, in his/her sole judgment, is in poor or unsanitary conditions. The Contractor shall replace any rejected container with a suitable container within two (2) Business Days.

· Locked Security Waste Collection Containers: The Contractor shall furnish locked security waste containers (front or top-loaded bins). Collection containers are to meet the requirements of the National Fire Protection Association Life Safety Code 101 Chapter 19 7.5.7.1 and 7.5.7.2

· The Contractor shall furnish two sets of keys for the containers, provided to the COR. The Contractor shall change all locks in the event of a breach by non-VA personnel. The Contractor is responsible for maintaining all containers in clean and odor-free, safe condition. The estimated individual site requirements are as follows:

Contractor Furnished Containers

Quantities per Facility

K. Equipment: The Contractor shall furnish all tools and equipment necessary to properly perform the work defined in herein. The Contractor shall provide all required vehicles. All vehicles to be used under this contract must be maintained in a safe and serviceable condition during duration of this contract. In addition, the vehicles must be kept clean (exterior and interior). Vehicle efficiency is solely the responsibility of Contractor and Contractor shall not be relieved of his contract responsibilities due to vehicle breakdown or failure of vehicles to operate.

L. Post Award Conference/Periodic Progress Meeting: A kick-off meeting will be held after award. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the performance. At these meetings the Contracting Officer will apprise the Contractor of how the government views the Contractor’s performance and the Contractor will apprise the Government of problems experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

M. Security and Privacy Control: The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Clement J. Zablocki VA Medical Center, CBOCs, or the Department of Veterans Affairs Healthcare Systems control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Firm-Fixed Price IDIQ. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with this contract.

· The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any Subcontractor) is required to abide by Government and VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

· The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

· The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

· The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

N. VA Information and VA Information System/Security/Privacy:

· 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

· Access to VA Information and VA Information Systems: 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.

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.

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.

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.

O. Security Incident Investigation:

· 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 ISSO 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.

· 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.

· 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.

· 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.

P. Liquidated Damages for Data Breach:

· Consistent with the requirements of 38 U.S.C. §5725, a Contractor 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the Contractor provides payment of actual damages in an amount determined to be adequate by the agency.

· 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.

· 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 considering 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.

· 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 $37.50 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.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Document Destruction IAW SOW at Clement J Zablocki VA Medical Center Contract Period: Base POP Begin: 09-15-2022 POP End: 08-31-2023 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

Document Destruction IAW SOW at Cleveland VA Clinic (CBOC)

POP Begin: 09-15-2022 POP End: 08-31-2023

Document Destruction IAW SOW at Milo C. Huempfner VA Outpatient Clinic (CBOC)

POP Begin: 09-15-2022 POP End: 08-31-2023

Document Destruction IAW SOW at John H Bradley VA Outpatient Clinic (CBOC)

POP Begin: 09-15-2022 POP End: 08-31-2023

Document Destruction IAW SOW at Clement J Zablocki VA Medical Center Contract Period: Option 1 POP Begin: 09-01-2023 POP End: 08-31-2024

Document Destruction IAW SOW at Cleveland VA Clinic (CBOC)

POP Begin: 09-01-2023 POP End: 08-31-2024

Document Destruction IAW SOW at Milo C. Huempfner VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2023 POP End: 08-31-2024

Document Destruction IAW SOW at John H Bradley VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2023 POP End: 08-31-2024

Document Destruction IAW SOW at Clement J Zablocki VA Medical Center Contract Period: Option 2 POP Begin: 09-01-2024 POP End: 08-31-2025

Document Destruction IAW SOW at Cleveland VA Clinic (CBOC)

POP Begin: 09-01-2024 POP End: 08-31-2025

Document Destruction IAW SOW at Milo C. Huempfner VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2024 POP End: 08-31-2025

Document Destruction IAW SOW at John H Bradley VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2024 POP End: 08-31-2025

Document Destruction IAW SOW at Clement J Zablocki VA Medical Center Contract Period: Option 3 POP Begin: 09-01-2025 POP End: 08-31-2026

Document Destruction IAW SOW at Cleveland VA Clinic (CBOC)

POP Begin: 09-01-2025 POP End: 08-31-2026

Document Destruction IAW SOW at Milo C. Huempfner VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2025 POP End: 08-31-2026

Document Destruction IAW SOW at John H Bradley VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2025 POP End: 08-31-2026

Document Destruction IAW SOW at Clement J Zablocki VA Medical Center Contract Period: Option 4 POP Begin: 09-01-2026 POP End: 08-31-2027

Document Destruction IAW SOW at Cleveland VA Clinic (CBOC)

POP Begin: 09-01-2026 POP End: 08-31-2027

Document Destruction IAW SOW at Milo C. Huempfner VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2026 POP End: 08-31-2027

Document Destruction IAW SOW at John H Bradley VA Outpatient Clinic (CBOC)

POP Begin: 09-01-2026 POP End: 08-31-2027

SECTION C - CONTRACT CLAUSES

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.1 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

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 15 calendar days. The ‘specified rates’ shall be the rates during the most recent period of performance.

(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 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days 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 five (5) years.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

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

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

[] 852.271–73, Use and…