36C26319Q0056_0002.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 656-19-1-1436-0001 N/A 36C568 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade

SD

57741 36C568 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade

SD

57741 To all Offerors/Bidders

36C26319Q0056 12-14-2018

X X X ** HOUR & DATE for Receipt of Offers is EXTENDED to:

12/31/2018; 10AM MST

See CONTINUATION Page The purpose of this amendment is to incorporate a revised Statement of Work (SOW) into the solicitation.

1. The SOW has been replaced in full by the below SOW dated 12/6/2018.

2. The SOW Attachment A, is revised for readability purposes.

3. The schedule is updated to reflect the estimated performance period.

4. The due date of the solicitation is hereby extended to 12/31/2018.

SEE CONTINUATION PAGE FOR ADDITIONAL CHANGES

CONTINUATION PAGE

VAAR Clause 852.215-71 is hereby removed from the solicitation.

VAAR Provision 852.215-70 is hereby removed from the solicitation.

FAR Clause 52.222-42 is hereby revised.

FAR Provision 52.212-1 ADDENDUM to FAR 52.212-1 Instructions to Offerors-Commercial Items is hereby revised.

FAR Provision 52.212-2 EVALUATION-COMMERCIAL ITEMS is hereby revised.

In response to the inclusion of the new Statement of Work, all previously submitted quotes will not be considered for evaluation. Interested parties need to submit a new quote to the following email address:

shane.galles@va.gov by the new due date and time set forth in Block 11 on the 1st page of the SF30.

STATEMENT OF WORK

DOCUMENT DESTRUCTION SERVICES

ST CLOUD VA HEALTH CARE SYSTEM

12/6/2018

1 GENERAL PROCEDURE. This is a non-personal services contract to provide Document Destruction Services for the St Cloud VA Medical Center, 4801 Veterans Drive, St Cloud, MN 56303. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Background. The goal of this procurement is to establish a safe and uniform process for shredding of documents that may or may not include sensitive data from the Veterans Integrated Service Network (VISN) 23 locations. The use of secure shredding services will enable the VA to ensure that patient sensitive data be protected, stored, and destroyed in accordance with the National Association of Information Destruction (NAID) standards and VA Policy.

1.2.1 The St Cloud VA Facility and outlying CBOCs estimate the annual amount of material to be shredded to be 120,500 lbs.

1.3 Description of Services/Tasks. The contractor shall provide all labor, personnel, equipment, supplies, shipping (origin), secured vehicles, materials, supervision and other related services necessary to provide on-site commercial document destruction services for the Department of Veterans Affairs (VA) St Cloud, MN Medical Centers and Community-Based Outpatient Clinics (CBOC) listed in the Statement of Work Attachment A and in accordance with VA regulations.

1.3.1 The Contractor shall provide onsite document destruction services in the presence of a VA employee for Government provided documents containing sensitive, confidential, and medical records. Shredding service shall be conducted on a weekly basis for the St. Cloud VA Medical Center and on a Monthly basis for all CBOC’s listed on the Statement of Work Attachment A located in section D. The contractor shall provide executive consoles and 95/96-gallon containers known herein as “carts” as identified in the Statement of Work Attachment A.

1.3.2 St Cloud VA HCS employees will collect and consolidate materials for shredding weekly. The materials are moved to a secure, centralized location and placed in carts until the contractor arrives to conduct the initial and/or final shred. Initial shredding and contractor pick up shall occur weekly at the St Cloud facility and monthly at the CBOC locations.

2 SECURITY WASTE COLLECTION CONTAINERS (Consoles, Carts)

2.1 The contractor shall deliver the required number of executive consoles and carts to each VA facility within 5 business days of contract award. The number of consoles and carts are identified in the Statement of Work Attachment A. Note: The number of carts required at the St Cloud VAMC and outlying CBOCs are not reflective of the amount of material shredded annually.

2.1.1 The locking executive consoles shall be approximately 20" wide, 36" high, and 19" deep or of a close variation approved by the COR. The consoles will have a slot on the top or side for documents and a locking door on the front large enough to remove the bag of documents. They must be constructed in such a manner as not to present a fire or safety hazard. Consoles will be conspicuous with clear markings indicating it as a “shred container”. The consoles will support the use of a bag liner designated to catch material in the bin. Keys to these consoles will be maintained by the VA facilities house-keeping department.

2.1.2 The carts will be approximately 95 or 96 gallons and have the ability to be locked with a padlock. Also, the carts shall support rolling wheeled system for ease of transport to and from the facility and shredding location.

2.1.3 The contractor shall provide a minimum of 50 keys for the locking consoles. Rolling carts shall have built in padlock capability or built in locks. Padlocks will be provided by the St Cloud VA facility for their location only.

2.2 All containers shall be kept locked at all times. Temporary paper records that are collected for destruction must be kept in a manner that will prevent their content from being read by individuals with no official business need or right to access the data contained in them. The method of collecting and processing these temporary paper records must also prevent their loss or theft until their final destruction.

2.3 Contractors, subcontractors (or third parties) who handle VA temporary paper records shall require documentation in any and all subsequent contracts or agreements between the primary information destruction contractor and their subcontractors or third parties that the subcontractors or third parties shall provide sufficient reasonable safeguards for the temporary paper records, to the same standards required of the primary contractor, throughout the destruction process.

2.4 The Contractor is responsible for maintaining all carts in a clean, safe, and odor-free condition.

2.5 The number of containers may change as needs change. Contractor shall offer or remove containers as needed. There will be sufficient lead times if additional, or fewer containers, are requested by the VAMC COR. If so, the additional container(s) will be requested through a contract modification.

3 ADDITIONAL REQUIREMENTS:

3.1 The contractor will provide secure transport and storage of VA records and other material at all times until final destruction is completed.

3.2 Upon request by the COR, the contractor agrees to allow inspection of the contractor’s facilities where the records are processed and final destruction takes place. This includes access to vehicles and machinery used for the transport or destruction of any VA materials.

3.3 Upon request, the Contractor must provide proof of insurance and bonding. All contractor service representatives must be bonded, wear a company uniform with identification badge and company vehicles shall be marked with company logo.

3.4 Contract personnel are required to complete the VA Privacy and Information Security Awareness and Rules of Behavior (VA10176) training. The facility Privacy Officer will ensure the training is made available either online or through printed materials. The training must be completed annually. Proof of completion will be provided to the COR.

4 CERTIFICATION OF DESTRUCTION

4.1 The Contractor shall prepare and submit to the medical facilities COR an original signed Certificate of Destruction for each pick up for each site within three (3) working days of each pick up.

4.1.1 The contractor will provide written documentation to the COR to attest to the completion of the destruction process after the final destruction is complete. The Certificate of Destruction will include contractor identification, date materials were received by the contractor, origination of the documents, total weight, method of final destruction, date of final destruction, full name and signature of witness who can attest to final destruction

4.2 Methods of interim destruction carried out by an information destruction contractor must be witnessed by a VA employee or, if authorized by the VA organization that created the temporary paper records, a contractor (or subcontractor or third party) employee may act as witness. If a contractor (or subcontractor or third party) employee is the witness, then that individual must, prior to departing the VA location, provide the designated VA representative with documentation that acknowledges receipt of the temporary paper records.

4.2.1 Interim destruction will be done onsite by the contractor at the time of pick-up. The initially shredded materials will then be transported to the contractor’s facility for final destruction. During any intermediary processes, the contractor is responsible for protecting the materials until final destruction is complete.

4.3 VA personnel responsible for documenting the final destruction of temporary paper records must develop a tracking method for ensuring that a certificate of destruction is submitted for every shipment of temporary paper records released to an information destruction contractor.

4.3.1 When final destruction is carried out by a contractor (and its subcontractors or third parties) the parties must be a NAID certified, bonded, and insured contractor for paper/printed media destruction; or a non-NAID certified contractor (and its subcontractors or third parties) who can satisfy the standards outlined in Appendix A of VA Directive 6371 Destruction of Temporary Paper Records (April 8, 2014).

4.4 Final Destruction may be completed at the contractor’s facility or onsite. Materials will be definitively destroyed so as to render them not readable or reconstruct able to any degree. Final destruction shall be conducted by a National Association for Information Destruction (NAID) certified, bonded and insured recycler or paper mill. Destroyed materials will be taken to a local recycling facility for final disposition. The COR will be given a quarterly report indicating the number of pounds of recycled material and costs incurred.

4.4.1 The contractor shall maintain proper records concerning each Certificate of Destruction issued. The Certificate of Destruction shall as a minimum contain the following:

· Pick-up/Delivery Location

· Pick-up/Delivery Date

· Name of Government COR or Representative at Pick-up Location

· Amount of shredded waste (number and type of containers picked up and pounds shredded)

· Destruction Certification Document Number

· Destruction Certification Date

· Any other information as determined necessary by the Information Security Officer

5 ACTIVITY LOGS/REPORTS

5.1 The Contractor shall maintain an Activity Log of shredding/destruction services accomplished at each site. One copy of the Activity Log shall be provided to the facility COR after all documents have been shredded.

6 CONTRACTOR PERSONNEL

6.1 Provide all personnel, supervision, transportation (secure vehicles), and labor necessary to perform the driving, pick-up, and shredding of documents the specified locations. All personnel shall have the skills, knowledge, and training to satisfactorily perform the services required. Contractor will be responsible for training, providing uniforms, equipping, supervising, and discharging employees.

6.1.1 The Contractor shall provide qualified employees. Qualified is defined as: The employee has passed the security and clearance requirements. The Contractor shall be required to comply with all VA security requirements.

6.2. The Contractor shall be responsible for coordinating with the facility COR and providing all information required of employees for performance of work. All security requirements must be met and employees cleared prior to the contractor performing work under the contract.

6.2.1 Provide each employee with a printed and laminated identification card containing the following information that is consistent with the employee information provided to the agency:

· Employee's Typed Name

· Employee's Title

· Employee's Signature

· Employee's Photograph

· Company Name

7 CONTRACTOR SECURITY

7.1 The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions. In addition to VA employees, the policy and investigative requirements are applicable to contractor personnel who require access to VA information systems designated as sensitive.

7.2 If selected, a Business Associate Agreement (BAA) is required per directive 6371. A copy of the BAA is required within 90 days of the award.

7.3 All contracted employees of Contractor who will be providing Service for Center must understand and adhere to the following language:

“As an independent contractor, (shredding company name), under contract with the Center, I fully understand that much of the information that is provided to (shredding company name) and its employees is privileged and legally and administratively restricted and falls under the provisions of the Privacy Act of 1974. The Privacy Act, the Safeguards, and the Criminal/Civil Sanctions paragraphs specify (shredding company name) responsibility and liability regarding disclosure of this information.”

7.4 Contractor and subcontractor personnel who require access to VA information systems shall be subject to all necessary background investigations to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract.

7.5 The contract requires Contractor personnel to maintain U.S. citizenship; the Contractor shall be responsible for compliance. Regardless of U.S. citizenship requirements, Contractor personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

7.6 Prohibition on Unauthorized Disclosure: Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor 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. See VA Handbook 6500.6, Appendix C, paragraph 3.a.

7.7. VA Handbook 6300.1 “Records Management Procedure” shall be applicable to all record/microfiche destruction. The procedure reads: “The authorized destruction of records that are classified or otherwise restricted from disclosure by statute, such as Privacy Act of 1974 or Title 38 USC, must be witnessed by a Federal employee or a contractor employee. If a contract is used to dispose restricted VA records, the facility Records Officer must authorize the use of a contractor or subcontractor employee to witness the destruction.

7.8. Requirement for Data Breach Notification: Upon discovery 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 has access, the contractor shall immediately and simultaneously notify the COR. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

7.9. Requirement to Pay Liquidated Damages in the Event of a Data Breach: In the event of a data breach or privacy incident involving materials handled by the contractor for processes or maintained under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals. See VA Handbook 6500.6, Appendix C, paragraph 7.a., 7, d.

8. QUALITY ASSURANCE

8.1 The Government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections.

8.2 Likewise, the Government may decrease the number of quality control inspections if performance dictates. The Government will also receive and investigate complaints from various customers located at the business locations.

8.3 Provide professional customer service (i.e. being able to address concerns, issues, and other administrative functions in a timely and professional manner). "Timely manner" in the context of this contract means no later than close of next business day. The VA POC an COR shall be able to contact the Contractor at any time, when contract work is in progress, to provide notices, reports, or requests from the Contracting Officer or his/her representative.

8.4 Ensure the work be carried out in such a manner that there will be no interference with the proper execution of Government business. All persons employed in contract work shall, while on the premises, comply with all building regulations.

8.5 Provide the VA Medical Center POC and COR with two (2) contacts (a primary and an alternate) who the VAMC Center can reach during Contractor’s business hours. Information to include: A 24-hour emergency contact (name, telephone #, mobile #) available during Contractor’s non-business hours.

9 CHANGES:

9.1 The awarded Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery.

9.2 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 shall be made in the contract price to cover any increase in costs incurred as a result thereof.

9.3 All route changes must be provided to the VAMC point of contact and contracting officer within 24 hours of the change. All scheduled pickup times and dates must still be adhered to during a route change unless agreed upon by the VAMC point of contact and contracting officer.

9.4 Any deviations from the scheduled pickup times and dates must be agreed upon within 1 business day prior to change by the VAMC point of contact and contracting officer.

9.5 All changes to delivery times and dates require notification in writing or in person to the VAMC point of contact and the contracting officer at least 1 business day prior.

10 NO SMOKING POLICY:

10.1 Except in designated areas smoking is strictly prohibited inside and on the patios and balconies of all buildings and within 35 feet of all openings of all buildings. “Smoking” is defined as the burning of any cigarette, cigar, or other tobacco product.

11 HOURS OF SERVICES:

11.1 The contractor shall perform the services as specified herein Monday through Friday with the exception of National Holidays (see below) between the hours of 7:30 a.m. – 4:30 p.m.

11.2 The contractor is not required to provide service on the following U.S. Government holidays, nor will the Contractor be paid for these holidays.

National holidays observed by the Federal Government:

11.3 If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as National Holiday by U.S. Government agencies. Also included would be any national holiday specifically declared by the President of the United States.

Attachment:

A. Container Location, Quantity, & Frequency Spreadsheet

END OF STATEMENT OF WORK

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ANNUAL SERVICE ORDER FOR SHREDDING SERVICES TO SUPPORT ST. CLOUD VA HEALTH CARE SYSTEM AND SURROUNDING CBOCS AS STATED IN THE STATEMENT OF WORK.

Contract Period: Base POP Begin: 01-08-2019 POP End: 01-07-2020

ANNUAL SERVICE ORDER FOR SHREDDING SERVICES TO SUPPORT ST. CLOUD VA HEALTH CARE SYSTEM AND SURROUNDING CBOCS AS STATED IN THE STATEMENT OF WORK.

Contract Period: Option 1 POP Begin: 01-08-2020 POP End: 01-07-2021

ANNUAL SERVICE ORDER FOR SHREDDING SERVICES TO SUPPORT ST. CLOUD VA HEALTH CARE SYSTEM AND SURROUNDING CBOCS AS STATED IN THE STATEMENT OF WORK.

Contract Period: Option 2 POP Begin: 01-08-2021 POP End: 01-07-2022

ANNUAL SERVICE ORDER FOR SHREDDING SERVICES TO SUPPORT ST. CLOUD VA HEALTH CARE SYSTEM AND SURROUNDING CBOCS AS STATED IN THE STATEMENT OF WORK.

Contract Period: Option 3 POP Begin: 01-08-2022 POP End: 01-07-2023

ANNUAL SERVICE ORDER FOR SHREDDING SERVICES TO SUPPORT ST. CLOUD VA HEALTH CARE SYSTEM AND SURROUNDING CBOCS AS STATED IN THE STATEMENT OF WORK.

Contract Period: Option 4 POP Begin: 01-08-2023 POP End: 01-07-2024

A.2 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

INSTRUCTIONS TO OFFERORS

Instructions for submitting a Quote under this Request for Quotes (RFQ) must be followed. Failure to provide the required documentation shall result in your quotation being rejected.

The Offeror must submit a technical quote demonstrating the ability to meet the requirements of the statement of work. The quotel should address the items below, but is not limited to such.

In order to be considered for award, the vendor must submit the following items in their quote:

(1) Technical Quote: At a minimum, offerors should address their ability to provide the following in their quote:

(a) Provide a detailed plan as to how you will comply with the requirements in the SOW specifically how you will comply with the VA Directive 6371.

(b) Show proof of NAID Certification

(c) Provide proof that Contractor has the ability to provide service on a weekly basis.

(d) Provide proof that Contractor has ability to shred on-site.

(e) Provide proof the contractor has ability to provide secure transport and storage of VA records and other material until final destruction is completed.

(2) Price: quote (See clause 52.212-1). The Pricing quote shall consist of the properly completed and signed solicitation document as specified in Block 28 of the SF 1449. Offeror shall complete blocks 12, 17a, 30a, 30b and 30c of the SF 1449, and complete all certifications contained in Offeror’s Representations and Certifications. All price information shall be included in the pricing quote. In order to determine price, an aggregate of all items will be determined. Offeror must indicate pricing on each and every line item listed in the Pricing Schedule or no further consideration will be given to the offeror and it will not be considered for award. The Offeror’s DUNS number must be shown on the SF 1449.

(3) Past Performance: The contractor must include 3 references within the past 5 years for contracts of similar scope and scale. Information will include the contract/reference #, POC phone and email address, and award amount.

Offerors shall submit their quote electronically to Mr. Shane Galles at e-mail address shane.galles@va.gov by November 2nd, 2018; 10:00 AM (MST). Late submissions, modifications, and withdrawals will be handled as described in provision 52.212-1 “Instructions to Offerors – Commercial Items.”

· Telegraphic quotes (submitted by telegram or mailgram) will not be accepted.

· Facsimile quotes will not be accepted.

· Any quotes submitted by e-mail shall be sent to shane.galles@va.gov and will be accepted only when an email confirmation from the Contracting Officer has been received. Documents must be either PDF or compatible with Microsoft Office. The offeror is responsible for ensuring that the Contracting Officer has received the quote before the deadline for receipt of offers, and the government will not be responsible for delays or failures of either the contractor’s e-mail system or the Government’s e-mail system.

Technical Questions: Offerors shall submit all technical questions regarding this solicitation to the Contracting Officer in writing by email to shane.galles@va.gov as noted on the SF1449 of this solicitation. Questions must be received prior 10:00 AM MST, December 21, 2018 or they will not be addressed. Questions by telephone will not be accepted. All responses to questions, which may affect offers, will be incorporated into a written amendment to the solicitation.

A.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

· Price

· Technical

· Past Performance

(b) Any award resulting from this solicitation will be made using the following tiered cascade set-aside order of precedence:

Tiered evaluations for small business concerns: In accordance with 38 U.S.C. § 8127(i), when including other small business categories, the Contracting Officer shall:

1. Evaluate the offers, if any, submitted by SDVOSB concerns. If no offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the Contract Officer will withdraw the SDVOSB set-aside, notify potential offerors and proceed to the set-aside for VOSB concerns.

1. Evaluate the offers, if any, submitted by VOSB concerns. If no offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, withdraw the VOSB set-aside, notify potential offerors and proceed to the set-aside for other small business concerns.

1. Evaluate the offers, if any, submitted by other small business concerns. If no offers were submitted by other small business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the Contracting Officer will cancel the solicitation, and resolicit as an unrestricted procurement.

Award Procedures: Even if only one proposal is received and evaluated in a tier, the Contracting Officer should make award to that offeror if the proposal meets the requirements of the solicitation and the proposed price is fair and reasonable in accordance with FAR 19.502-2, VAAR 819.7005, VAAR 819.7006(c). However, if a Contracting Officer determines that award within a tier is not possible for any reason, including but not limited to lack of responsiveness to the solicitation, responsibility matters, exclusion due to suspension or debarment or unreasonable pricing, the Contracting Officer shall follow the established Tiered Evaluation Process and then consider offers received at the next set-aside tier.

This solicitation is issued under authority of FAR 13.5, Simplified Procedures for Certain Commercial Items, and will be evaluated in accordance with FAR 13 procedures. Only one award will be made. Evaluation of this requirement will be on a comparative basis in accordance with the procedures in FAR Part 13.106-2.

(c) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) See attached document: SOW Attachment A (revised).