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36C77021Q0473 PG 1 of 67

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

NCO 15 Contracting Ofc - CMOP 765-21-3-064-0063 36C77021Q0473 06-25-2021 Lewallen, Stacey 07-07-2021 2:00 pm

CDT

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012 X X 561990 $12 Million N/A X Department of Veterans Affairs Hines CMOP 5th and Roosevelt, Bldg 37, NW Dock 18 Hines IL 60141 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 See CONTINUATION Page Description of Requirement:

On-Site Secure Document Destruction See Statement of Work for additional information.

This requirement is a 100% set aside for SDVOSB/VOSB.

Wage Determination 2015-5017, Rev 17, 5/12/21 will apply to this solicitation.

Offeror shall be registered and active at System for Award Management (SAM) at https://www.sam.gov at the time of offer and award to the Government.

Awardee is required to report annually to SAM.gov.

Contract will be base year plus four (4) Option Years.

See 2.3 Acceptance Criteria for Proposals POC for this RFQ is Stacey Lewallen, Stacey.Lewallen@va.gov See CONTINUATION Page x X Crum, Ralph Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK – SECURE DOCUMENT DESTRUCTION – CONSOLIDATED MAIL OUTPATIENT PHARMACY (CMOP) – HINES, IL5
B.3 PRICE/COST SCHEDULE14
ITEM INFORMATION14
B.4 DELIVERY SCHEDULE16
SECTION C - CONTRACT CLAUSES17
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)17
C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)23
C.3 52.216-18 ORDERING (AUG 2020)23
C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)24
C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)24
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)25
C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)25
C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)25
C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)27
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)28
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS36
BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, Great Lakes (Hines) Consolidated Mail Outpatient Pharmacy, AND36
SECTION E - SOLICITATION PROVISIONS42
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)42
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)46
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)46
E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)49
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)50

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:

b. GOVERNMENT: Contracting Officer 36C770 Ralph Crum Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[x] After services are rendered and proper invoice submitted

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.

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971

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

AMENDMENT NO
DATE

Page 1 of Page 1 of B.2 STATEMENT OF WORK – SECURE DOCUMENT DESTRUCTION – CONSOLIDATED MAIL OUTPATIENT PHARMACY (CMOP) – HINES, IL

1.0 BACKGROUND INFORMATION:

The VA Great Lakes Consolidated Mail Outpatient Pharmacy (CMOP) processes high volume, outpatient mail prescription workloads using integrated, automated dispensing located at Building 37 West Hines, Illinois 60141. The Great Lakes CMOP has a recurring requirement for an Authorized Service from a NAID Certified Contractor responsible for shredding and properly destroying informational sensitive Classified/HIPPA data paper, ribbon, and Mylar type bags. Contractor must have a security process that involves providing onsite shredding and handling of sensitive, Personal Health Information (PHI, and Personally identifiable information (PII) material awaiting destruction in CMOP owned, no more than twelve (12) 90-gallon movable storage containers. This material amount to 1,000-1,200 pounds a month average. Destruction of materials must take place on-site and be documented to VA Standards.

This will result in a firm fixed price contract.

2.0 SCOPE OF WORK:

The purpose of this contract is to provide on- site shredding (classified/HI-WA type paper and Mylar type mailing bags). Contractor is required to wet pulp, macerate, chop, shred, or otherwise definitively destroy the information contained in the records to a level that it is not readable or reconstruct able. The destruction of the information must be witnessed either by a Federal employee or if authorized by the organization that created the records by a contractor employee.

2.1 KEY ASSUMPTIONS:

Contractor is responsible for providing on-site destruction of informational sensitive Classified/HIPPA data paper, ribbon, and Mylar type bags. An authorized VA representative will transport VA owned bins outside the CMOP building. The contractor is responsible for any necessary loading on/into the vehicle/point of destruction. Monthly on-site destruction will be provided, unless COR with Contracting Officer's approval determines that another schedule would be more beneficial and/or economical.

2.2 CONTRACTOR REQUIREMENTS:

· Shredding company must be NAID Certified according to VA Directive 6371 Appendix A.

· Contractor must be able to handle up to twelve (12) 90-gallon, VA owned, on-site containers capable of storing and properly securing documents and materials awaiting destruction.

· Contractor must have the capability of properly handling, destroying, and documenting 1,000-1,200 pounds of classified paper, ribbons, and Mylar type bags with patient sensitive data per month estimated.

· Provide monthly on-site shredding (unless otherwise directed by COR/ Contracting Officer or Records Manager) according to a date and time schedule agreed upon with the COR.

· Schedule additional on-site visits for materials to be destroyed outside the normal agreed upon dates, when contacted by the COR.

· Contractor must supply signed receipt of destruction.

· Contractor must supply a Certification that all material has been destroyed according to VA Standards on a Monthly basis.

· The original Certificates of Document Destruction shall be provided to the COR or CMOP representative (Records Manager, Privacy Officer) within 24 hours. This certificate must state that materials have been destroyed according to a level where the information contained in the record is not readable or reconstructed and has the company address and contact information listed.

· Upon destruction of VA records, Contractor must sign VA Form 7468 and return to the COR or CMOP representative within 24-hours of destruction.

· Provide photo Identification of each Contractor that will need security access for entry into CMOP.

2.3 ACCEPTANCE CRITERIA FOR SUBMITTING PROPOSALS – PLEASE INCLUDE:

These items must be included with proposals and price schedule complete:

· Proof of capability to meet government requirements:

-Submit details on equipment used and if it meets the VA destruction requirements (examples such as size of shred, size of bins that can be handled, amount that can be shredded at once).

-Provide a copy of NAID certification.

· Proof of Insurance

· Examples of signed receipt, and certificate of destruction:

-Provide one (1) copy of an example of a signed receipt and the certificate of destruction.

-Indicate how vendor will provide/deliver this information to the COR within the 24-hour timeframe utilizing said method.

· Please provide three (3) references of current or previous work performed within the last three (3) years.

Include company name, contact person name, email, and phone number.

· Pricing options - flat rate fee verses by weight charge.

***VENDOR SHALL COORDINATE A ROUTINE PICKUP SCHEDULE WITH THE CONTRACTING OFFICER’S REPRESENTATIVE (COR) TO ACCOMMODATE A SCHEDULE THAT WORKS BEST FOR THE HINES CMOP FACILITY *** Deliverables: Secure, onsite, destruction of sensitive, Personal Health Information (PHI, and Personally identifiable information (PII) material.

Reporting and Communications:

1. Contractor must supply signed receipt of destruction (See 2.2 Contractor Requirements).

2. Contractor must supply a Certification that all material has been destroyed in accordance with VA Standards on a monthly basis.

3. The original Certificates of Document Destruction shall be provided to the COR or CMOP representative (Records Manager, Privacy Officer) immediately after destruction within 24 hours. This certificate must state that materials have been destroyed according to a level where the information contained in the record is not readable or reconstructed. The certificate shall bear the company address and contact information.

Contractor Resource Requirements and Qualifications:

1. All contractors must be registered in the System for Award Management (SAM) database (http://www.SAM.gov) to be eligible for a government award.

2. All contractors competing for award as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB) must be registered and verified in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov).

3. Contractor shall be bonded and insured.

Definitions:

ACORD - Certificate of Liability Insurance – A summarization of a Contractor’s insurance policy, such as coverage types, policy numbers, insurance limits, and effective and expiration dates.

BAA - Business Associates Agreement. – Under the U.S. Health Insurance Portability and Accountability Act of 1996, a HIPAA business associate agreement (BAA) is a contract between a HIPAA-covered entity and a HIPAA business associate (BA). The contract protects personal health information (PHI) in accordance with HIPAA guidelines.

COR - Contracting Officer’s Representative CONTRACT OPPORTUNITIES - Formerly Fed Biz Opps FSC - VA Finance Service Center HIPAA - U.S. Health Insurance Portability and Accountability Act of 1996 – Legislation that provides data privacy and security provisions for safeguarding medical information.

PHI - Personal Health Information – Information in a medical record that can be used to identify an individual, and that was created, used, or disclosed in the course of providing a health care service, such as a diagnosis or treatment.

SAM - System for Award Management (www.sam.gov) – All Contractors must be registered in SAM to be eligible for award.

SBA - Small Business Administration (www.sba.gov) SDVOSB - Service Disabled Veteran Owned Small Business – All SDVOSB Contractors must be certified in VIP to be eligible to participate in SDVOSB set asides.

Tungsten/OB10 – An internet invoicing network for the VA.

VIP - Contractor Information Pages (https://www.vip.vetbiz.gov) – All SDVOSB and VOSB Contractors must be certified in VIP to be eligible to participate SDVOSB set asides.

VOSB - Veteran Owned Small Business - All VOSB Contractors must be certified in VIP to be eligible to participate in VOSB set asides.

3.0 SECURITY OF PROTECTED HEALTH INFORMATION (PHI)

VA HANDBOOK 6500.6 APPENDIX C – APPLIES

VA DIRECTIVE 6371 APPENDIX A – APPLIES

Data Destruction:

Contactor is responsible for collecting and destroying any VA data provided, created, or stored under the terms of this contract, to a point where VA data or materials are no longer readable or reconstructable to any degree, in accordance with VA Directive 6371 Destruction of Temporary Paper Records or subsequent issue. [Note: This also includes, but is not limited to, iv bag labels, wrist bands, medication bottles, pharmacy labels, lab labels, etc. [NOTE: Contract should include a comprehensive list of all paper items and non-media items.] Contractor must destroy materials awaiting final destruction by sale or salvage through destruction methods that conform to NARA regulations (36 CFR. § 1226.24).

Data Destruction Reasonable Safeguards:

Material awaiting final destruction must be documented as received and kept securely in a manner that will prevent their content from being accessed/read by individuals with no official business need or right to access the data. The method of collecting and processing these records/items must also prevent their loss or theft until their final destruction. Consequently, Contractor will establish and implement sufficient reasonable safeguards, such as a chain of custody process that ensures full accountability, that are necessary to ensure VA information is accounted for, secure and protected from unauthorized access while in Contractor’s possession and/or while in transit to the off-site final destruction location. (e.g. Contractor will collect all paper and non-media items from appropriate bins and other secured locations, perform interim destruction, and responsibly secure the records/items in their possession. Contractor/Subcontractor must keep vehicles containing VA items locked at all times while in transport to the final destruction location. Insert any other specific provisions specific to the VAMC.)

Quality Control/Auditing/Monitoring:

The government will periodically evaluate the Contractor's performance by appointing a representative(s) to monitor performance to ensure services are received. The government representative(s) will evaluate the Contractor's performance through intermittent observation and on-site inspections of the Contractor's quality control program, receipt of complaints from facility personnel, or (insert other means depending on contract services/items purchased). The government may increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints.

Routine shreds will be observed by a government representative at random intervals no less than once per month. The government representative will perform on-site inspections of the Contractor's facility(ies) no less than once annually. The government may increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. The government will also receive and investigate complaints from various customers located on the installation. The Contractor/Subcontractor will be responsible for initially validating the complaints of the customer (the VA facility COR making the complaint) by answering a Contract Discrepancy Report, email and/or telephone call. However, the government representative will make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s). The Contractor will provide the facility COR an email address, name and telephone number of the Contractor’s point of contact for answering any Contract Discrepancy Reports, addressing any requests, concerns and/or answering any questions.

ON-SITE Final Destruction Completed by Destruction Vendor Language:

Final destruction will be completed onsite at the VA location. Contractor/Subcontractor will shred, pulp, bleach, macerate, or (insert other mechanism where applicable) paper and non-media items on-site at the VA location (on truck, other?) so that the items are no longer readable or reconstructable to any degree. A VA designated staff member will be present at least (as determined by the facility) (time frame – monthly, every other month, quarterly) during final destruction. Contractor/Subcontractor will provide the VA designated representative with a sample of the final destroyed product upon request demonstrating that the information is neither readable nor reconstructable to any degree. Contractor/Subcontractor will provide COR with a Certificate of Destruction (COD) which includes volume/pounds collected, volume/pounds destroyed, the date of final destruction, and method of destruction. The COD will be signed by Contractor’s appropriately designated staff.” The COD must be provided only after final destruction has taken place and should sufficiently denote that the contractor attests to final destruction having taken place. The COD shall also describe the material destroyed in a manner that would allow VA to track the data from previous pick-ups by the contractor (e.g., certifying that the specific volume of material picked up on specified date has been destroyed).

4.0 STATION INFORMATION:

Contract Specialist: Stacey Lewallen Stacey.Lewallen@va.gov Contracting Officer’s Representative (COR): William (Bill) Griseto

4.1 CONTRACTING OFFICER’S REPRESENTATIVE:

Pursuant to VAAR Provision 852.270-1, Contracting Officer’s Representative (COR), shall be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the CO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

4.2 BUSINESS ENVIRONMENT:

Core Work Hours/Holidays: Services shall be performed according to specifications of Government point of contact and COR. The core work hours for this facility are Monday through Friday, 6:30 AM to 3:00 PM. Holidays: The following federal holidays are observed; however, circumstances may warrant approval for work on those days upon authorization.

New Year’s Day Labor Day Martin Luther King Jr’s Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

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

Identification: All contract personnel shall present a government picture-ID and sign in to receive a Contractor identification badge before any work is performed detailing the work performed, and shall return to the same location to sign out and turn-in said badge along with documented service report for the service performed. The badge is to be worn in a visible location on the worker at all times while on the premises of the VA property.

Weather Delays: In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then work may be rescheduled to a date and time satisfactory to the COR. Climate or weather postponement will not cause any penalties to be assessed to the contractor, nor shall there be any additional cost to the Government.

Smoking Policy: As of OCT-01-2019, all VA facilities are now entirely smoke-free.

Vendor is advised the smoking of cigarettes, cigars, pipes, any other combustion of tobacco, and e-cigarettes, vape pens and e-cigars by any patient, visitor, contractor, volunteer, or vendor is prohibited at all VHA health care facilities.

Safety Requirements: The vendor shall comply with all local, state, and federal laws and safety regulations. Compliance with OSHA and other applicable laws and regulations for the protection of contractor’s employees is exclusively the contractor’s obligation, and the Government will assume no liability or responsibility for the contractor’s compliance or non-compliance with such responsibilities. The vendor shall provide vendors employees with all necessary personal protective clothing and equipment. The Contracting Officer or his designee will notify the contractor of any noncompliance with the foregoing provisions and action to be taken. After receipt of such notice, the contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor, his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any apart of the work and hold the contractor in default as provided for elsewhere in this contract.

Weapons, Firearms, Ammunition: Vendor’s employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at the CMOP facility.

Fire Prevention and Safety: Vendor’s employees shall comply with the Occupational Safety and Health Act (OSHA) and the Fire Prevention and Health Program.

Standards of Conduct: The Contracting Officer or Contracting Officer’s Representative shall refer to the Contractor for immediate action (including, but not limited to, removal from the work site) any contract technician whose personal or professional conduct jeopardizes or interferes with the regular and ordinary operation of the Tucson CMOP facility. Breaches of conduct include, but are not limited to, intoxication or debilitation resulting from drug use; theft; dereliction; negligence in performing tasks or other conduct resulting in complaints by staff or management.

Illegal Substances: Illegal substance possession, use, or distribution will not be tolerated on any Government installation, including VA Tucson CMOP. This includes prescribed medical marijuana. The contractor shall ensure that contractor employees who have access do not possess, use, or distribute illegal substances. All vendors are required to adhere to all local, state, and federal laws concerning possession and/or use of illegal substances. Vendors found to be in possession of illegal substances will be barred from the installation and subject to arrest and prosecution by local authorities.

Parking: It is the responsibility of the Contractor to park in the appropriate designated parking areas. The VA will not validate or make reimbursement for parking violations of the Contractor under any conditions.

5.0 OBJECTIVES:

This is a Firm-Fixed Price Services contract to collect, shred, destroy and dispose of Materials with Personally Identifiable Information (PII) and patient sensitive material, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), from Hines CMOP. The material to be shredded will include standard office papers, folders, card stock, direct thermal printed paper labels, plastic medication vials with applied direct thermal printed patient labels and plastic bags with applied direct thermal printed patient address labels.

The objective of this contract is to ensure the legal, proper safe-keeping and physical destruction of personal, confidential and proprietary information consisting of paper related mediums containing personal, confidential, and proprietary information per HIPAA, NARA Code of Federal Regulations - 36 CFR 1225 and NIST SP 800-88 and to provide the Department of Veterans Affairs, PBM Hines CMOP, Veterans and Employee privacy by destroying confidential information documents in accordance with:

1. VA Directive 6371, Destruction of Temporary Paper Records / See Appendix A

2. Privacy Act of 1974, 5 USC 552a

3. Federal Records Act, 44 USC Chapter 31

4. NSA/CSS 02-01, Evaluated Products List for High Security Crosscut Paper Shredders

5. NSA/CSS 02-02-M, Evaluated Products List for High Security Disintegrators

6. VA Directive 6300, Records and Information Management

7. Contractor Rules of Behavior / See Appendix C

8. VA Directive 6500, Information Security Program

9. VA Handbook 6500.1, Electronic Media Sanitization / See Appendix B

10. 36 CFR 1220.14 Subpart A, General Provisions, General Definitions

11. 36 CFR 1226.24, Destruction of Temporary Records (formerly 1228.58)

12. 44 USC 3302 § 1228.58 Destruction of Temporary Records

13. VA Directive and Handbook 0710, Personnel Suitability and Security Program

The Department of Veterans Affairs adheres to the Privacy Act of 1974 that was established to ensure that government agencies protect the privacy of individuals and businesses with regard to information held by them.

Contractor shall execute the terms of this contract in a manner that will safeguard the confidentiality of all Materials and information exposed to at any of the facilities Contractor shall perform all work in accordance with the guidelines of Federal, State, and local ordinances. All safety practices prescribed by these agencies shall be followed.

6.0 CONTRACTOR RESOURCE REQUIREMENTS AND INFORMATION:

· All contractors must be registered in the System for Award Management (SAM) database (http://www.SAM.gov) to be eligible for a government award.

· All contractors providing a response as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB) must be registered and verified in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov) at the time of the offer and at the time of award.

· Contractor shall Contractor shall be required to provide documentation evidencing liability insurance coverage at the time of the offer, award and annually thereafter.

7.0 INVOICES AND PAYMENTS:

Upon notification of award, the Contractor must be vendorized in VA fiscal systems. The Contractor must:

· Submit a TIN and DUNS number to the Contract Officer for vendorization in the local VA logistics database, VistA, so a purchase order may be created for the contract.

· Submit a VA Form 10091 to the VA Finance Service Center (FSC), if one is not already on file.

· Register and create an account in the online VA payment system, Tungsten/OB10. More information can be found at http://www.va.gov/oaa/invoicing/faqs.asp.

Invoice Submissions. The VA uses a third-party web portal, called Tungsten OB-10 to process invoices. Tungsten OB10 receives invoice data through the Internet and verifies certain data fields on behalf of the VA, keys to AP routing for approval, and sends a confirmation report to the Contractor’s point of contact. Tungsten OB10 then creates an invoice PDF for delivery into the VA accounts payable system. The COR at the station will certify the invoice for payment.

Statement of Work Template Guide Invoices are only to be submitted electronically to the VA Finance Service Center (FSC) through the Tungsten OB10 web portal. Invoices submitted directly to the FSC or the facility by fax or mail will not be accepted and will delay payment. Invoices submitted without a due date or purchase order (PO) number will be rejected.

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B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
FLAT RATE
WEIGHT
13.00
JB
__________________
__________________

Monthly on-site secure document destruction.

No more than twelve (12), 90lb containers, estimated 1000 to 2000lbs material.

Provide quote for both flat rate and by weight.

Certificate of Destruction shall be provided within 24hrs.

See SOW for further details.

Billing will be monthly.

Contract Period: Base POP Begin: 08-01-2021 POP End: 07-31-2022

13.00
JB
__________________
__________________

Monthly on-site secure document destruction.

Provide quote for flat rate and by weight.

Certificate of Destruction shall be provided within 24hrs.

See SOW for further details.

Billing will be monthly.

Contract Period: Option 1 POP Begin: 08-01-2022 POP End: 07-31-2023

13.00
JB
__________________
__________________

Monthly on-site secure document destruction.

Provide quote for both flat rate and by weight.

Certificate of Destruction shall be provided within 24hrs.

Contract Period: Option 2 POP Begin: 08-01-2023 POP End: 07-31-2024

13.00
JB
__________________
__________________

Monthly on-site secure document destruction.

Provide quote for both flat rate and by weight.

Certificate of Destruction shall be provided within 24hrs.

Contract Period: Option 3 POP Begin: 08-01-2024 POP End: 07-31-2025

13.00
JB
__________________
__________________

Monthly on-site secure document destruction.

Provide quote for both flat rate and by weight.

Certificate of Destruction shall be provided within 24hrs.

Contract Period: Option 4 POP Begin: 08-01-2025 POP End: 07-31-2026

6.00
JB
__________________
__________________

Monthly on-site secure document destruction.

Provide quote for both flat rate and by weight.

Certificate of Destruction shall be provided within 24hrs.

See SOW for further details.

OPTIONAL 6 MONTH EXTENSION, TO BE USED ONLY IF NEEDED.

Contract Period: Option 5 POP Begin: 08-01-2026 POP End: 01-31-2027

GRAND TOTAL

FLATE RATE

GRAND TOTAL

WEIGHT

B.4 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
ALL ITEMS
SHIP TO:
Dept of Veteran Affairs

Great Lakes CMOP 5th and Roosevelt, Building 37 NW Dock 18 Hines, IL 69141 3030

USA

ALL ITEMS
PER SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

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

(End of Clause)

FAR Number
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
DEC 2013
852.204-70
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
MAY 2020
852.242-71
ADMINISTRATIVE CONTRACTING OFFICER
OCT 2020

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 1, 2021 through January 31, 2027 to include 6mo extension if needed.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those…

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