36C25525Q0016_1 Lab Courier Services - Poplar Bluff VAMC.docx

36C25525Q0016

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

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

TBD

TBD

04-23-2025 Maria Espinosa/maria.espinosa@va.gov 916-946-9922 05-05-2025 10:00 am

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X

492110 1500 Employees

NET 30

N/A

Department of Veterans Affairs John J. Pershing VA Medical Center 1500 N. Westwood Blvd.

Poplar Bluff MO 63901 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX 877-353-9791 512-460-5429

See CONTINUATION Page This is a request for quote for Lab Courier Services for the Poplar Bluff, MO VAMC in accordance with the Statement of Work.

The resulting contract will be Firm-Fix Price, Five (5) year Indefinite Delivery, Indefinite Quantity (IDIQ), with five

(5) ordering periods. Individual task orders will be issued to authorize funding not to exceed 12 month periods.

This solicitation is 100% SDVOSB set-aside.

All questions are due no later than 04/30/2025 10:00 am CST and shall be mailed to maria.espinosa@va.gov An amendment to this RFQ will be published with a response.

Responses are due no later than 05/05/2025 10:00 am CST.

and shall be emailed to maria.espinosa@va.gov

All responses shall contain the following in the subject line of all emails, "36C25525Q0016 Lab Courier Services"

See CONTINUATION Page 657-3650160-3755-820100-2320 0100C11S9

X X one

Janie Juszczak Contracting Officer

Table of Contents

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: TBD

b. GOVERNMENT: Contracting Officer 36C255 Janie Juszczak Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Financial Services Center http://fsc.va.gov/einvoice.asp

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

B.2 PERFORMANCE WORK STATEMENT

Performance Work Statement Courier Services

1. Scope:

a. Contractor shall furnish all vehicles and personnel necessary to perform Courier Services in strict accordance with all terms, conditions, provisions, and specifications of this solicitation between the John J. Pershing VA Medical Center (located at 1500 North Westwood Blvd, Poplar Bluff, MO 63901, Community Based Outpatient Clinics (CBOC) and VA Admin Building at:

· VA Clinic, 2420 Linwood Dr. Suite 3, Paragould AR 72450

· VA Outpatient Clinic, 1801 E. State Route K, West Plains, Mo 65775

· VA Clinic, 1580 W Columbia, Farmington Mo. 63640

· VA Clinic, 711 South Mount Auburn Road, Cape Girardeau, MO 63703

· VA Clinic, 903 S. Kings Highway, Sikeston, MO 63801

· VA Clinic, 300 Camp Road, Pocahontas, AR 72455

· VA Admin Building, 2965 Kanell Blvd, Poplar Bluff, MO 63901

· VA Clinic, 915 N. Grand Blvd, St. Louis MO 63106 Line Item

Description Quantity

Unit

TRANSPORT PATIENT LAB SPECIMENS TO AND FROM LOCAL FACILITIES WITHIN 30 MILE RADIUS OF POPLAR BLUFF. THIS IS A ON CALL 24 HOUR, 7 DAYS A WEEK, 365 DAYS A YEAR. 45 MINUTES RESPONSE TIME.

PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN CAPE GIRARDEAU, MO AND SIKESTON, MO. (This will be a single trip covering both CBOCs)

PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN PARAGOULD, AR AND POCAHONTAS, AR. COURIER WILL GO TO CRIPPLE CREEK OFFICES LOCATED AT 2965 KANELL BLVD, POPLAR BLUFF, MO DELIVER MAIL AND OTHER SUPPLIES, THEN BRING ITEMS BACK TO THE VA, THEN GO TO THE CBOC'S. (This will be a single trip covering all locations)

PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN WEST PLAINS, MO.

PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN FARMINGTON, MO.

PROVIDE COURIER SERVICE FROM POPLAR BLUFF TO CAPE HCC TO JOHN COCHRAN VAMC, ST. LOUIS MO 63106. THIS ROUTE IS LAB SPECIMENS/TESTING ONLY, COOLERS AND SUPPLIES WILL BE RETURNED TO PB THE NEXT BUSINESS DAY.

On the billing we would like to see one price for trips that are combined, Cape and Sikeston, Paragould, Pocahontas, and Cripple Creek. The small will be for any that may be combined in the life of this contract.

b. Period of Performance: Five (5) Ordering Periods Ordering Period 1: (06/01/2025 – 05/31/2026) Ordering Period 2: (06/01/2026 – 05/31/2027) Ordering Period 3: (06/01/2027 – 05/31/2028) Ordering Period 4: (06/01/2028 – 05/31/2029) Ordering Period 5: (06/01/2029 – 05/31/2030)

c. Description –

i. Services shall include the transportation of all laboratory specimens (blood/body fluids), mail, office supplies, documents, medical records, x-rays, medical, pharmaceuticals (non-narcotics) and prosthetic supplies, all medical supplies will be in totes, all other hand carried materials or items capable of being carried by a two wheeled cart. Some medical supplies could be blood pressure machines that are on a stand, walkers, wheelchairs. There is time that we do send refreshment and other food items to the areas and this needs to be transported as well. Contractor shall furnish all equipment, vehicles, fuel, labor, meals, lodging, and relating items in conjunction to the performance of courier services. Services shall be provided daily, Monday through Friday, except for Government Holidays.

ii. Pick up lab specimens and take to another facility within 30-mile radius. This will be on an as needed basics. Response time to the facility will be within 45 minutes to pick item up that needs to be transported.

2. Some specifications on items to be transported:

a. Laboratory specimens in a climate-controlled environment throughout transportation. The temperature control environment should have the availability for <0°C for frozen specimens, 2-10°C for refrigerated samples, and15-30°C for room temperature samples, with records available of monitoring for laboratory inspections. VA Lab is to provide the coolers that are climate controlled.

b. Laboratory specimens, i.e. body fluids, will be properly packaged by VA personnel for transportation and will be placed in containers that meet all regulatory requirements for category B biological specimens provided by the contractor.

c. Medications in a climate-controlled environment throughout transportation. The temperature control environment should have the availability for refrigerated medications 36 to 46°F and 68 to 77°F for room temperature medications, with records available of monitoring for medications, if indicated. VA Pharmacy is to provide the coolers that are climate controlled which are to be returned upon courier return to facility.

d. Supplies in envelopes approximately 8” x 11”, 10” x 14”, and boxes approximately up to 27/12 L x 21 1/2 W x 16 H. Occasionally, containers may be larger or in bags.

e. There will be locked mail bags that will be transported to and from the areas. The couriers are to ensure the bags are locked before they accept them. If they are not locked, they will need to refuse them and call the COR.

f. All items above are to be transported the day they are ready to go out, so the courier needs to have an appropriate size vehicle to accommodate. Additional trips because of lack of vehicle size will be at the expense of the contractor. Recommend a mid-size SUV or Mini-Van for transporting supplies except for the John Cochran trip.

3. Response Time and Days of Service:

a. Contractor’s employee shall report to the John J. Pershing Laboratory and warehouse (building 23) daily (Monday thru Friday) to pick up all items ready for shipment. Items shall be picked up by 10:00 am and delivered to the CBOC between 1 to 2 pm the same day. There will be an exception with the Cripple Creek, Pocahontas, and Paragould area as the courier must pick up the mail from the mail room and items from the warehouse to go to Cripple Creek then bring items back before he/she goes to Paragould and Pocahontas CBOC’s. The Contractor will have a mechanism for tracking deliveries. If items are not delivered to the CBOC, and there is documentation of pickup through Contractor’s employee signature, then Contractor shall be required to return for items not delivered with no additional charges to VA.

b. All items coming from the CBOC’s to John J. Pershing VA (JJPVAMC) will be delivered to Lab, Logistics warehouse or Logistics area, mail room or anywhere else they need delivery to no later than 5 pm the same day. If there are issues, the courier will call the COR or Logistics and let them know so the areas such as Lab or the CBOC’s know and can plan accordingly.

c. New Year’s Day, Martin Luther King Jr., President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas. Pickup services will not be required for the CBOCs for these Federal Holidays. The Contractor shall call and verify days around the major holidays.

4. Lost, Stolen or Damaged Items:

a. Contractor shall make all reasonable provisions to protect items being transported against loss. Should an item be lost or stolen while in the Contractor’s possession, the Contractor shall reimburse JJPVAMC for the cost of the package or envelope and its contents.

b. Should an item become damaged beyond use, the Contractor shall reimburse JJPVAMC for the cost of the item.

5. Contractor Qualifications:

a. The Contractor shall have all necessary licenses and follow all applicable federal, state and/or local regulations regarding the requested transportation services.

b. Contractor shall be established in the business called for and be financially responsible.

c. Contractor shall have the necessary equipment and personnel to furnish the service in the volume and consistency required.

d. Contractor is required to provide specific training to their employees on proper requirements for shipping and transportation of biological specimens and provide documentation to JJPVAMC as requested.

e. Upon award of contract, Contractor shall provide a list of personnel to contact in case of emergency. The list shall include names, phone numbers and pager numbers.

f. The vehicle and storage areas in the performance of this contract shall be licensed and meet any minimum applicable requirements mandated by the State of Missouri and Arkansas.

g. The vehicle shall be clean, and no passenger or animals allowed during transport of any John J. Pershing VA Medical Center items.

6. Point of Contact: Inventory Manager Specialist, COR for this contract (phone number).

7. Invoices/Billing: The Contractor shall furnish a detailed invoice indicating work performed with an itemized listing of all associated costs, monthly in arrears. Invoices shall be submitted to:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin, TX 78714-8971

Payment will be withheld pending receipt of a properly prepared invoice. The invoice must contain, at a minimum, the following information:

a. The date of work completed.

b. Contract Number assigned.

c. Purchase Order number.

8. Special Requirements:

a. Qualification of Offerors: Offers will be considered only from offeror who are regularly established in the performance of courier services or are able to perform such services and who, in the judgment of the contracting officer, are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service. The Offeror shall be licensed by the State or Local health authority in those localities where licenses are required.

b. Inspection of Offeror’s Facilities: The Contracting Officer or his/her designee reserves the right to thoroughly inspect and investigate the Contractor’s establishment, facilities, business reputation, and procedures for carrying out the work/services of this contract to assure acceptable performance and compliance with the terms and conditions of this contract. At any time, the courier’s vehicles can be inspected to ensure they are meeting the John J. Pershing VA requirement as stated above.

c. Call-Back Requirement: The Contractor shall within thirty (30) minutes after receipt of notification by the COR or his/her designee, re-perform the services of this contract when it is determined that unsatisfactory performance has been received, at no additional charge to the Government.

d. Required Contractor Reporting: Contractor shall be responsible for supplying, completing, and submitting all reports required and or requested by any Federal, State, and or Local government agency, as required by laws, ordinances, and/or regulations, that pertain to the supplies and services provided under this contract. All correspondence relative to this contract (i.e. invoice, inquiry, etc.) shall contain the contract number, facility name, and description of services performed.

e. Contractor’s Employees: Contractor’s employees, while performing the services of this contract, shall conduct themselves in a professional businesslike manner. The CO reserves the right to restrict any contractor employee from performing the services of this contract with the determination made in writing. The Government shall be the sole judge for this determination, which shall be provided in writing to the contractor. Smoking is not permitted in or on any government property. Vehicle operations shall observe and abide by all signage, speed limits, pedestrian right-of-way, emergency vehicle right-of-way, and designated roadways to collection sites.

f. Interruption of Work: Contractor’s personnel shall be required to interrupt the performance of the services of this contract at any time to prevent the interference of operations of the Medical Center, to include the right of way passage for patients, staff, personnel, visitors, equipment, carts, fire protection systems, emergency vehicles, and utility services.

g. Contractor shall provide and maintain training for its employees in appropriate safety and packaging procedures suitable to specimen type and distances transported. This should include issues such as adherence to regulations for transport of biohazards, use of rigid containers where appropriate, temperature control, notification procedures in case of accident or spills, etc. Upon request by the Contracting Officer Representative (COR) or designee, contractor shall provide documentation certifying that training has been provided to contractor’s employees. Reference: International Air Transport Association (IATA) Dangerous Goods Regulations and US Department of Transportation Transporting Infectious Substances Safety, guide to 10/1/2006.

h. Upon request of the Contracting Officer, offeror shall be able to show evidence of his/her reliability, ability, and experience by furnishing a list of personnel who will perform under this contract, showing the length and type of experience.

i. Ability to meet the foregoing experience requirements and the adequacy of the information submitted will be considered by the Contracting Officer in determining the responsibility of the offeror.

j. The contract resulting from this solicitation has been identified as requiring a Business Associate Agreement as defined in Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191. A sample template of this agreement is enclosed herein and identified as Attachment III.

k. Contractor shall have back up/contingency plan for disasters, emergencies, call in to ensure they can meet the needs of John J. Pershing VAMC

9. Service Contract Act of 1965: All service employees who will be employed in the performance of the contract awarded as a result of this solicitation shall be paid no less than the wages shown on the Wage Determination which is incorporated and made a part of this solicitation and resulting contract.

10. The Joint Commission Competency Requirements: The Contractor shall be responsible to ensure that contractor employees coming to the work site shall receive the information required to perform their duties.

a. Contractor shall attend a pre-work orientation meeting prior to the commencement of work on site. This training will be documented and updated yearly. The VA shall schedule this meeting, and it shall include discussion of the following topics: (VA shall provide information to the contractor regarding these topics and shall document the meeting.)

· Fire and Safety

· Infection Control

· Disaster Procedures

· Privacy and HIPPA Training

· Other

c. Contractor shall be responsible to ensure that Contractor’s employees coming to work site shall receive the information above.

d. Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

11. VISN 15 Personal Security Verification (PIV) Card and/or Security Badge Requirements for Contractor Employees:

a. Definitions. As used in this clause – Access means routine, unescorted physical entry into, and to the extent authorized, mobility within a government facility. Also, it means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information technology.

Contractor employee means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities.

Facility and Government facility mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the federal government.

Information technology means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major systems/applications and general support systems as defined by OMB Circular A-130, owned by VA or owned and operated on VA’s behalf by another party.

b. Access to VA Facilities or Systems.

(1) General. The performance of this contract requires contractor employees to have routine, unescorted access to VA facilities. All such employees who do not already possess a current Security Badge or PIV Card acceptable to VA shall be required to provide personal information, undergo an FBI National Criminal History Fingerprint Check, and obtain a Security Badge or PIV Card prior to being permitted access to any such facility in performance of this contract. No contractor employee will be permitted routine, unescorted access to a VA facility without a proper Security Badge or PIV Card.

(2) Citizenship-related requirements. If required by the contract, each affected contractor employee as described in paragraph (a) shall be a United States (U.S.) citizen. Otherwise, each affected contractor employee as described in paragraph (a) shall be:

· A United States (U.S.) citizen; or

· A national of the United States (see 8 U.S.C. 1408); or

· An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I–151.

(3) Background information.

a. Each contractor employee that has access to VA facilities or systems shall complete the attached Special Agreement Check (SAC) worksheet and deliver to the VA office responsible for fingerprinting and processing contractor employees. The Contracting Officer’s Representative will provide instructions to the contractor regarding the local procedures for fingerprinting and obtaining a Security Badges or PIV card.

b. After completion of the fingerprint check, the Contracting Officer Representative will notify the contractor in writing or by phone if any contractor employee is determined to be unsuitable to be given access to a government facility or VA system. If so notified, the contractor shall not allow such employees to perform work on this contract.

(4) Security Badge or PIV Cards.

a. VA will issue a Security Badge or Non-PIV Card to each contractor employee who is to be given routine, unescorted access to VA facilities or access to VA systems and does not already possess a Security Badge or Non-PIV VA will not issue the Security Badge or Non-PIV Card until the contractor employee has successfully cleared the FBI National Criminal History Fingerprint Check.

b. Security Badge or Non-PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their Security Badge or Non-PIV Cards on their persons at all times while working in a VA facility and shall present their cards for inspection upon request by VA officials or VA security personnel.

c. The contractor shall be responsible for all Security Badge or Non-PIV Cards issued to the contractor’s employees and shall immediately notify the Contracting Officer Representative if any Security Badge or Non-PIV Card(s) cannot be accounted for. The contractor shall notify the Contracting Officer Representative immediately whenever any contractor employee no longer has a need for his/her VA-issued Security Badge or Non-PIV Card (e.g., employee terminates employment with the contractor, employees’ duties no longer require access to VA facilities). In such cases, the Contracting Officer Representative will instruct the contractor on how to return the Security Badge or Non-PIV Card. Upon expiration of this contract, the Contracting Officer Representative will instruct the contractor on how to return all VA-issued Security Badge or Non-PIV Cards not previously returned. The contractor shall not return Security Badge or Non-PIV Cards to any person other than the individual(s) named by the Contracting Officer Representative.

(5) Control of access. VA shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to VA facilities and systems. The Contracting Officer will notify the contractor immediately when VA has determined that an employee is unsuitable or unfit to be permitted access to a VA facility or system. The contractor shall immediately notify such an employee that he/she no longer has access to any VA facility or system, shall retrieve the employee’s Security Badge or Non-PIV Card from the employee, and shall provide a suitable replacement employee in accordance with the requirements of this clause. The Government may not be able to give the contractor the reason for requiring the removal of the unsuitable contractor employee. The Government shall not be responsible for any costs incurred by the contractor as a result of removing such employee from the subject contract.

(6) Termination.

Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for default.

12. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS

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. 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. If VA determines that the contractor has violated any of the information confidentiality, privacy, security, and other 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.

4. SECURITY INCIDENT INVESTIGATION

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

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

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.

5. LIQUIDATED DAMAGES FOR DATA BREACH

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

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

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

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

· Description of the event, including:

· Date of occurrence;

· Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

· Number of individuals affected or potentially affected;

· Names of individuals or groups affected or potentially affected;

· 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;

· Amount of time the data has been out of VA control;

· The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

· Known misuses of data containing sensitive personal information, if any;

· Assessment of the potential harm to the affected individuals;

· Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

· 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 $__37.50__ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

i. Notification:

· One year of credit monitoring services consisting of automatic daily monitoring of at least three (3) relevant credit bureau reports;

· Data breach analysis;

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

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

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

6. 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:

a. Successfully complete the appropriate VA privacy training and annually complete required privacy training (See below training); and

b. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

c. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

d. Failure to complete the mandatory annual training, 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.

7. ADDITIONAL REQUIREMENTS

a. The COR is responsible for coordinating with the Police prior to contractor arrival to identify the names of contractor personnel so that Police can ensure sufficient number of contractor badges are available for issuance prior to beginning work. COR is also responsible for signing out and signing in temporary contractor badges.

b. The COR is also responsible for maintaining copies of signed Privacy training for all contractors according to RCS 10-1.

c. Any work performed outside of official VA business hours after hours will require escorts.

d. Escort duties for un-cleared contractors are strictly limited to government officials, specifically VA employees. At no time are contractors allowed to escort other contractors.

8. RECORDS MANAGEMENT LANGUAGE

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. JJP VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of JJP VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

e. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to JJP VAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

f. 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 vehicle]. 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 [FACILITY] 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 [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

g. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) 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 sub-contractor) is required to abide by Government and JJP VAMC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

h. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with JJP VAMC policy.

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

j. 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.

k. John J Pershing VAMC 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 JJP VAMC 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.

l. Flow down of requirements to Subcontractors:

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract/SOW, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.3 DELIVERY SCHEDULE

Ordering Period 1: 06-01-2025 to 05-31-2026

CLIN

SUB

CLIN

DESCRIPTION

OF SERVICES

EST.

QUANTITY

The Contractor shall provide courier services to the Poplar Bluff MO VAMC and CBOC’s in accordance with the Statement of Work (SOW).

TRP

TRP

EA

Percentage of the Unit Price attributable to FUEL. 0001AA-0001AG.

Ordering Period 1 Total: $ _____________________________

Ordering Period 2: 06-01-2026 to 05-31-2027

CLIN

SUB

DESCRIPTION

OF SERVICES

EST.

QUANTITY

The Contractor shall provide courier services to the Poplar Bluff MO VAMC and CBOC’s in accordance with the Statement of Work (SOW).

EA

Percentage of the Unit Price attributable to FUEL. 0001AA-0001AG.

Ordering Period 2 Total Estimate: $ ___________________________

Ordering Period 3: 06-01-2027 to 05-31-2028

CLIN

SUB

DESCRIPTION

OF SERVICES

EST.

QUANTITY

The Contractor shall provide courier services to the Poplar Bluff MO VAMC and CBOC’s in accordance with the Statement of Work (SOW).

EA

Percentage of the Unit Price attributable to FUEL. 0001AA-0001AG.

Ordering Period 3 Total Estimate: $______________________

Ordering Period 4: 06-01-2028 to 05-31-2029

CLIN

SUB

DESCRIPTION

OF SERVICES

EST.

QUANTITY

The Contractor shall provide courier services to the Poplar Bluff MO VAMC and CBOC’s in accordance with the Statement of Work (SOW).

EA

Percentage of the Unit Price attributable to FUEL. 0001AA-0001AG.

Ordering Period 4 Total Estimate $______________________

Ordering Period 5 start period 02-01-2029 to 01-31-2030

CLIN

SUB

DESCRIPTION

OF SERVICES

EST.

QUANTITY

The Contractor shall provide courier services to the Poplar Bluff MO VAMC and CBOC’s in accordance with the Statement of Work (SOW).

EA

Percentage of the Unit Price attributable to FUEL. 0001AA-0001AG.

Ordering Period 5 Estimated Total: $ _________________ Complete Total Cost Estimate: $_____________________

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

(c) Changes. Changes in the terms and conditions of this contract may be made only…