0002 Amendment to RFQ 36C26325Q0148 Document Destruction STC.docx

36C26325Q0148

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) 11-2 -2024 656-25-1-1436-0003 36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 1303 5th St Suite 300 Coralville IA 52241 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

Contract Officer 1303 5th St Suite 300 Coralville IA 52241 To all Offerors/Bidders

36C26325Q0148

X X X Receipt of Offers is EXTENDED to: 12-03-2024 12:00p m CST See CONTINUATION Page 656-3650162-1436-856700-2542-010056124 656-25-1-1436-0003 x 1(one) The purpose of this amendment is to extend th e solicitation to 12/0 /202 and amend the Statement of work.

E.1 Tailored 52.212-1 Instructions to offerors is updated to reflect Amendment 0001

See the following paragraphs of the Statement of Work for changes: (changes are highlighted along with other notable items

Paragraph 2. Overview.

Paragraph 5. Period of Performance.

Paragraph 6. Qualifications and Special Certif ications

Paragraph 8. Scope of work, Shredding Requirements Submit your quote to the following email address: Chrsiti.Melendez@va.gov All Offers due No Later Than 12:00 PM CDT 12 /03 /2024 All other terms and conditions of the solicitation will remain the same.

Joseph Bennett

VA-VHA-RPOC-2024-0088

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:

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.

In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (FSC).

The VA Financial Service Center(FSC) has partnered with third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

Vendor e-Invoice Set-Up Information:

Please contact the phone numbers or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

Tungsten e-Invoice set-up information: 877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice email: vafsccshd@va.gov More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

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

B.2 STATEMENT OF WORK

1. TITLE: Onsite Secured Sensitive Document Destruction Services

2. OVERVIEW: Contractor shall provide on-site commercial document destruction services for confidential waste at the St. Cloud VA Health Care System and three (3) VA Community-Based Outpatient Clinics (CBOCs). Estimated annual amount of material to be shredded: 120,500 lbs.

All aspects of document destruction including interim destruction, transport and storage of material to be destroyed and final destruction fall under VA Handbook 6137 in addition to other policy guidance mentioned below. The contractor must be certified by the National Association for Information Destruction (NAID)(Removed with RFQ Amendment 0001 – this is adequately addressed in revised Paragraph 6. Below)

3. DEFINITIONS:

a. CO – Contracting Officer

b. VA – Department of Veterans Affairs

c. VAHCS – St. Cloud VA Health Care System

d. CBOC – Community-Based Outpatient Clinics

e. VATR – VA Technical Representative

f. GPC – Government Purchase Card

h. Contractor Employee – means all Contractor staff, technicians, personnel, subcontractors, or persons working on behalf of the Contractor.

4. PLACES OF PERFORMANCE:

a. St. Cloud VA Health Care System, 4801 Veterans Drive, St. St Cloud, MN 56303

5. PERIOD OF PERFORMANCE:

This contract will be a Single Award, Firm Fixed Price Service Contract for 1 (One) Base Year and four Option Years. POP will be finalized with awardee within a week of award.

Revised with RFQ 0001:

Start of Contract: VA has a preference to have all containers and consoles delivered to the facilities within 5 business days of award, with first pick up No Later Than, December 18, 2024. See 52.212-1 Instructions to Offerors for more details.

6. QUALIFICATIONS AND SPECIAL CERTIFICATIONS:

The Contractor shall be a National Association for Information Destruction (NAID) certified, bonded, and insured contractor for paper/printed media destruction who will be under contract to provide sufficient reasonable safeguards to provide interim destruction and protect the paper records/materials until final destruction has been completed.

Added with RFQ Amendment 0001:

Or, A non-NAID-certified contractor (and its subcontractors or third parties) who can satisfy the standards outlined in VA Directive 6371, Destruction of Temporary Paper Documents, Appendix A

7. REGULATIONS / DIRECTIVES / POLICIES APPLICABLE TO THIS CONTRACT

· Health Insurance Portability and Accountability Act (HIPPA )/Public Law 104-191

· VA Directive 6371 Destruction of Temporary Paper Records

· VA Handbook 6300.1: “Records Management Procedure”

· Privacy Act of 1974

· 13402(h)(2) of the HITECH Act (breach)

8. SCOPE OF WORK:

The contractor shall provide all labor, personnel, transportation, equipment including confidential containers (consoles/bins), rolling carts, supplies, secured vehicles, materials, supervision, and other related services necessary to provide on-site and final commercial document destruction services for confidential waste (administrative papers, sensitive documents, magazines, and white and mixed paper) for the St. Cloud VA Health Care System and Community Based Outpatient Clinics.

The contractor shall provide a Primary and Alternate point of contact for all locations to the VATR within 5 days of contract award. Information to include A 24-hour emergency contact (name, telephone #, mobile #) available during Contractor’s non-business hours.

CONTAINERS:

The contractor shall deliver the required number of lockable security waste containers (Joint Commission compliant) with keys to the St. Cloud VA Health Care System site specified in the contract within 5 calendar days after contract award and approval of St. Cloud VA Health Care System security suitability.

The contractor shall provide locked security consoles that hold specially designed bags, and the contractor shall provide rolling 95-gallon carts that shall have built-in locks or padlock capability.

If padlocks are needed, the St. Cloud VA and CBOCs will provide the padlocks and keys.

The consoles shall provide protection with a security slot, measuring 1.5 inches wide, that can accept up to 400 pages of paper at one time.

All containers must be designed in such a manner that deposited material cannot be pulled out or removed once a container is locked.

All consoles/bins, 95-gallon containers, locks and keys provided by the contractor shall remain property of the contractor.

Number of containers and pick-up frequency of security waste shall be accomplished in accordance with the list below.

of locked Security Consoles

Alexandria CBOC

Montevideo CBOC

The contractor shall supply the VATR with bags and keys upon request.

Vendor must supply 2 Each Heavy-Duty Bags for each console (total of 160) at the start of the contract.

· The bags are reused, however if they become damaged, then they will need to be replaced as needed.

· Contractor will provide replacement bags; 2 Each per console, per year total of 160 bags.

· Grand total of bags each year would be 320.

The contractor shall provide 60 keys (all the same) for the lockable security consoles.

· If a key becomes broken, or does not work, contractor will provide replacements.

The confidential lockable security consoles shall be placed at the designated locations throughout the St. Cloud VA facility by VA employees directed by the VATR.

Only authorized individuals within St. Cloud VA Health Care System can unlock the consoles to access the deposited materials.

PRICING:

The cost of leasing all equipment and the cost of all the services for each year, will be captured in, and expressed as, the cost of the CLINs for each year. The cost of the CLINs for each year will include all costs of the contract for each year.

SHREDDING REQUIREMENTS:

The Contractor shall provide shredding document destruction services for all secure materials that are collected in locked containers; (administrative papers, sensitive records/ documents).

The Contractor shall provide on-site document destruction services in the presence of a VA employee for Government provided documents containing sensitive, confidential, and medical records.

VAHCS and CBOC information containing social security numbers and other information covered by the privacy act shall be destroyed.

St. Cloud VA employees will collect and consolidate materials for bulk shredding.

· The materials are moved to a secure, centralized location and placed in carts until the contractor arrives to conduct shredding services.

· The Environmental Management Service will follow St. Cloud VA Health Care System procedures to assure VA sensitive information is protected and delivered securely to designated shredding location, i.e., shred truck.

Shredding and contractor pick up shall occur weekly at the St Cloud VA facility. VA Staff will bring the containers out of the building to meet the contractor’s shredding vehicle at an agreed upon location on campus at the scheduled dates and times.

Shredding and contractor pick up will occur monthly at the CBOC locations. VA Staff will bring the containers out of the buildings to meet the contractor’s shredding vehicle at an agreed upon location near the CBOC buildings at the scheduled dates and times.

Contractor staff will not be required to enter VA buildings.

The Contractor will shred all collected material on site via a Contractor provided truck equipped with the appropriate shredding devices approved by VATR.

The Contractor will perform onsite, interim destruction of collected materials in accordance with VA Directive 6371 Destruction of Temporary Paper Records and will ensure that onsite destruction renders the material not readable or reconstructable without undue effort.

This directive requires that Final Destruction of paper records are pulped, macerated, or shredded to a degree that definitely ensures that they are not readable or reconstructable to any degree.

If on-site mobile shredding equipment does not shred documents to meet the VA Directive 6137 requirements for final destruction and the final destruction is performed away from the VA facility, the contractor shall transport, protect, control, and manage the materials collected for destruction until final destruction occurs according to VA Directive 6371. All material collected for destruction shall be put through “final destruction” and rendered unrecognizable in accordance with VA Directive 6137. The contractor must be NAID certified, bonded and insured.(This sentence removed with RFQ Amendment 0001) . Where practicable, the facility that performs final destruction shall be NAID certified.

Final destruction of record is the process of destroying temporary paper records to the degree that they are no longer readable or re-constructible to any degree.

At the mill, the paper is placed into a hydro pulper, missed with water, and blended into slurry where the individual fibers are separated.

The slurry goes through a series of operations including cleaning, washing, and color stripping where contaminants are removed. The final product is recycled pulp.

St. Cloud VA Health Care System staff has the right to view (with no notice) further destruction of the on-site shredded material as performed at the Contactor’s location(s).

SAFETY:

The contractor shall have in place a documented and comprehensive Health and Safety program to ensure all shredding activities are provided in a safe and secure manor.

QUALITY CONTROL:

The contractor shall develop and maintain quality programs to ensure recycling services are performed in accordance with commonly accepted commercial practices and comply with St. Cloud VA Health Care System requirements.

The contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services.

As a minimum the contractor shall develop quality control procedures addressing the areas where the Acceptable Quality Level was not met and how corrective action will be taken.

CONTRACTOR VEHICLES:

All contractor vehicles utilized in the performance of this contract shall maintain insurance (up to the minimum coverage required by the respective state) and shall maintain current state vehicle registration.

All contractor employees shall possess a valid Minnesota state driver’s license and have a clean driving record.

The contractor or his/her employee’s while performing under this contract shall use no personal vehicles to transport containers to and from the government and contractor site.

The contractor shall ensure that all contractor vehicles utilized for this performance contract are kept in proper working condition.

The contractor vehicles shall be locked and properly secured at all times while at the government site or in route to and from contractor site.

Vehicles used in the performance of the contract shall not be left unattended and unlocked at any time while transporting St. Cloud VA Health Care System security waste.

CONTRACTOR FACILITIES:

All security waste shall go through interim shredding onsite at the St. Cloud VA Health Care System premises before being transported to place of final destruction.

Prior to beginning performance of the contract, the contractor facility designated to be the destruction site will be inspected by VATR and the St. Cloud VA Health Care System’s Privacy Officer and approved in writing by the St. Cloud VA Health Care System at the contractor facility, and until completion of destruction, the security waste material must be maintained in a secured holding area at all times to prevent any disclosure or unauthorized access.

9. SCHEDULE:

Hours of Services:

Contractor shall perform services Monday through Friday during normal business hours of 7:00 am to 3:30 pm.

When regular delivery/pick-up days occur on one of the Federal holidays listed below, the regular delivery/pick-up shall automatically shift to the following business day (Monday through Friday). The eleven national holidays observed by the Federal Government are:

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. If a holiday falls on Saturday, the preceding Friday is observed as a legal holiday by U.S. Agencies.

The Contractor shall coordinate with the VATR for an agreed upon schedule which includes but is not limited to a specific day of the week and time to provide services.

The Contractor shall provide a minimum of 24-hour notice of any schedule changes.

10. ADDITIONAL SHREDDING SERVICES:

As indicated by the CLIN for Additional Pickup in the PRICE/COST SCHEDULE, in the event that an additional Pickup is needed, an additional pickup may be requested within the scope of this contract, for a 1(one) time pickup of 10, 95-gallon containers at the St. Cloud VA Medical Center. Upon request, the Contractor will provide pricing for this additional pickup within 7 business days. If the pricing is determined to be Fair and Reasonable, the VA Contract Officer may authorize the additional pickup by a supplemental agreement contract modification to this contract with the contractor. The VA agrees to coordinate with the Contractor to schedule a date for the additional pickup such that the date is acceptable to both parties practically and logistically but unless otherwise agreed to by the VA Contract Officer, the additional pickup shall be performed within 30 days from the date the VA awards the supplemental agreement.

11. VA TECHNICAL REPRESENTATIVES:

Primary: Housekeeping Program Support Assistant/Trainer 320-252-1670 Ext. 6661 Alternate: Housekeeping Supervisor 320-252-1670 Ext. 6151

12. INCIDENT NOTIFICATION:

The contractor shall notify the St. Cloud VA Health Care System VATR within 24 hours of Contractor’s discovery of any incident which may potentially be a data breach, including a HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of Protected Health Information (PHI), whether secured (PHI which has been destroyed or in the alternative has been rendered unreadable, unusable or undecipherable) or unsecured (PHI) not secured through the use of a technology which renders it unusable, unreadable, or indecipherable through methodology specified by HHS in guidance issued under § 13402(h)(2) of the HITECH Act), not provided for by this Agreement and promptly provide a report to St. Cloud VA Health Care System within ten (10) business days of the notification.

13. REPORTING REQUIREMENTS:

Certificate of Destruction: For interim destruction (shredding on-site), a written document consisting of an inventory of the amount of paper records collected at the date of service will be provided by the Contactor before departure from each facility site.

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

· Pick-up/Delivery Location

· Pick-up/Delivery Date

· Witness - Name of Government POC or Representative at Pick-up Location

· Quantity of Container(s)

· Destruction Certification Document Number

· Destruction Certification Date

A written document (certificate of destruction) shall be provided by the contractor to attest to the completion of the destruction process after the Final Destruction of VA records has taken place.

The certificate of destruction, “Agreement for the Responsible Disposal of Destroyed Materials”, shall come from the pulp mill where final destruction has taken place.

VA Handbook 6300.1: “Records Management Procedure” shall be applicable to all record/media 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 of restricted VA records, the facility Records Officer must authorize the use of a contractor or subcontractor employee to witness the destruction.”

14. INVOICING:

The contractor shall submit a consolidated monthly invoice for all four locations.

· St. Cloud location will have 10 containers per week.

· The CBOC locations will have one (1) container per month.

Invoice must include, but not limited to:

· Contract Number

· Purchase Order Number

· Date of Service

· Location

· Description

· Number of Containers

15. SECURITY REQUIREMENTS:

The contractor shall be required to comply with all security requirements of St. Cloud VA Health Care System.

This includes any required training for contract personnel (e.g., VA Cyber Security Awareness, VHA Privacy Policy, etc.) including Compliance and Business Integrity (CBI) Training.

HIPAA COMPLIANCE – COVERED ENTITIES:

A Business Associate Agreement is required under VA Directive 6371 and is included as an attachment for reference. Upon award, the Contractor shall contact the VA Privacy Officer and work together to complete and put into effect the Business Associate Agreement.

The VA Privacy Officer at the St. Cloud VA Healthcare System is:

Joy E. Peterson

The Contractor must observe Public Law 104-191 and all respective regulations implementing this law while providing services under this contract.

HANDLING OF RECORDS:

Information or records accessed and/or created by the Contractor in the course of performing services under this contract are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable federal law, regulations, and/or VA/VHA policy.

The Contractor will not copy any VA information, either by printing to paper or by copying to another digital format, without the explicit instruction and written approval.

Contractor shall report any unauthorized disclosure of VA information to the VATR.

16. COLLECTION CONTAINERS AND PHASE-OUT FOR FOLLOW-ON CONTRACTS:

In the event the Government awards a follow-on contract to other than the incumbent contractor, the contractor will cooperate to the extent required to allow for an orderly changeover to the successor contractor.

This transition shall be as smooth and transparent as possible to ensure no interruption in the services currently being provided.

The incumbent contractor shall schedule a time with the VATR to remove containers throughout the VAHCS and CBOC facilities at no additional cost to the government.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Document Destruction Services Location: St. Cloud VA Frequency: Every 1 Week, 10(ten) 95-Gallon Containers POP: Will be finalized within 1-week of award PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

Document Destruction Services Location: Alexandria CBOC Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

Document Destruction Services Location: Brainerd CBOC Frequency: Every 1 Month, 2(two) 95-Gallon Containers.

POP: Will be finalized within 1-week of award

Document Destruction Services Location: Montevideo CBOC Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

CLIN for 1 Additional Document Destruction Services and Pickup.

Frequency: 1(one) Additional Pickup of 10(ten) 95-Gallon Containers TERMS: In the unforeseen event that an additional Shredding and Pickup is needed by the VA, it may be provided by the Contractor after the Contractor provides pricing for the additional Pickup and only if the Government determines the pricing to be Fair and Reasonable and a VA Contract Officer authorizes the Contractor to perform the additional Pickup.

POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Week, 10 95-Gallon Containers POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 2(two) 95-Gallon Containers.

POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

CLIN for 1 Additional Document Destruction Services and Pickup.

Frequency: 1(one) Additional Pickup of 10(ten) 95-Gallon Containers TERMS: In the unforeseen event that an additional Shredding and Pickup is needed by the VA, it may be provided by the Contractor after the Contractor provides pricing for the additional Pickup and only if the Government determines the pricing to be Fair and Reasonable and a VA Contract Officer authorizes the Contractor to perform the additional Pickup.

POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Week, 10 95-Gallon Containers POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 2(two) 95-Gallon Containers.

POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

CLIN for 1 Additional Document Destruction Services and Pickup.

Frequency: 1(one) Additional Pickup of 10(ten) 95-Gallon Containers POP: Will be finalized within 1-week of award TERMS: In the unforeseen event that an additional Shredding and Pickup is needed by the VA, it may be provided by the Contractor after the Contractor provides pricing for the additional Pickup and only if the Government determines the pricing to be Fair and Reasonable and a VA Contract Officer authorizes the Contractor to perform the additional Pickup.

Document Destruction Services

Frequency: Every 1 Week, 10 95-Gallon Containers POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 2(two) 95-Gallon Containers.

POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

CLIN for 1 Additional Document Destruction Services and Pickup.

Frequency: 1(one) Additional Pickup of 10(ten) 95-Gallon Containers TERMS: In the unforeseen event that an additional Shredding and Pickup is needed by the VA, it may be provided by the Contractor after the Contractor provides pricing for the additional Pickup and only if the Government determines the pricing to be Fair and Reasonable and a VA Contract Officer authorizes the Contractor to perform the additional Pickup.

POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Week, 10 95-Gallon Containers POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 2(two) 95-Gallon Containers.

POP: Will be finalized within 1-week of award

Document Destruction Services

Frequency: Every 1 Month, 1(one) 95-Gallon Container POP: Will be finalized within 1-week of award

CLIN for 1 Additional Document Destruction Services and Pickup.

Frequency: 1(one) Additional Pickup of 10(ten) 95-Gallon Containers TERMS: In the unforeseen event that an additional Shredding and Pickup is needed by the VA, it may be provided by the Contractor after the Contractor provides pricing for the additional Pickup and only if the Government determines the pricing to be Fair and Reasonable and a VA Contract Officer authorizes the Contractor to perform the additional Pickup.

POP: Will be finalized within 1-week of award

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 by written agreement of the parties.

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) 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:

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal…