COMBINED SYNOPSIS SOLICITATION 36C24724Q0697 Waste Disposal Corrections 060624.docx

COMBINED SYNOPSIS SOLICITATION

i. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. Solicitation 36C24724Q0697 is issued as a request for quotation (RFQ).

iii. The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-06, dated 12-04-2023.

iv. This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification SBA Veteran Small Business Certification (sba.gov) concern verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA Vet Cert verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award. The applicable NAICS Code for this solicitation is 562112, Small Business Size Standard $47.0 Million. Applicable wage determination WD # 2015-4517 Revision 26, dated 12/26/2023;WD#2015-5831, Revision #25, dated 12/26/2023;and 2015-4471, Revison#27, dated 12/26/2023 is incorporated.

v. Contractor shall provide quote for services a base plus (4) four option years.

vi. PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide services for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center, 1670 Clairmont Road, Decatur, GA 30033, to include other locations listed within the Statement of Work (SOW) .

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025

Contractor shall provide services for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center, 1670 Clairmont Road, Decatur, GA 30033, to include other locations listed within the Statement of work (SOW).

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

Contractor shall provide services for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center, 1670 Clairmont Road, Decatur, GA 30033, to include other locations listed within the Statement of work (SOW).

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

Contractor shall provide services for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center, 1670 Clairmont Road, Decatur, GA 30033, to include other locations listed within the Statement of Work (SOW).

Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

Contractor shall provide services for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center, 1670 Clairmont Road, Decatur, GA 30033, to include other locations listed within the Statement of Work (SOW).

Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

GRAND TOTAL

Base and all option years (CLIN’s 0001, 1001 , 2001,3001 and 4001

vii. Description of Requirement: Contractor shall provide services for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center, 1670 Clairmont Road, Decatur, GA 30033, to include Ft. McPherson VA Campus, 1701 Hardee Avenue SW, Atlanta, GA 30310; LaVista Business Park-Building A Warehouse, 2008 Weems Road, Tucker, Georgia 30084.

viii. Statement of Work (SOW)

Waste Disposal Service for Atlanta VA Medical Center

Scope of Work: Provide services for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material.

BACKGROUND:

Joseph Maxwell Cleland Atlanta VA Medical Center (VAMC), a Joint Commission designated medical facility, sits on 26 acres in Decatur, Georgia—just minutes from downtown Atlanta. The main medical center is a level 1A tertiary care facility providing patient-centered healthcare via an array of comprehensive medical, surgical, geriatric specialty services, as well as state-of–the-art diagnostic testing throughout 14 sites of care. With 466 inpatient beds, a 40-bed domiciliary, and a 21-bed Residential Treatment Program, the Joseph Maxwell Cleland Atlanta VAMC is uniquely positioned to serve the healthcare needs of more than 130,000 enrolled Veterans living in 50 counties across northeast Georgia. The Medical Center, also a teaching hospital, provides hands-on and state-of-the-art technology, education and research to residents in collaboration with Emory University School of Medicine and Morehouse School of Medicine.

PERFOMANCE PERIOD:

The period of performance of this contract service shall be for one (1) base year and four (4) option years after Notice to Proceed (NTP).

Base Year: October 1, 2024, to August 31, 2025

Option Year 1: October 1, 2025, to August 31, 2026

Option Year 2: October 1, 2026, to August 31, 2027

Option Year 3: October 1, 2027, to August 31, 2028

Option Year 4: October 1, 2028, to August 31, 2029

PLACE OF PERFORMANCE ADDRESSES OF HAZARDOUS AND NON-HAZARDOUS WASTE PICK-UP LOCATIONS:

Joseph Maxwell Cleland

PERFORMANCE REQUIREMENT:

A Contracting Officer Representative (COR) and/or Alternate Contracting Officer Representative (ACOR) shall be assigned to this procurement and written notification will be provided to the Contractor after award. Scheduling of work performance shall be arranged through the designated COR/ACOR assigned. The Contractor shall provide all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material.

· Miscellaneous Trash – Combustible and noncombustible materials such as paper, wrappings, cloths, cartons, metal, glass, floor sweepings, plastic, grass cutting, tree trimmings, street sweepings, waste products of fuels, wastepaper, lumber, plastics, or any other items that are within this description.

· Garbage – Coffee grounds, tea leaves, banana peels, citrus rings, onion bulls, and similar general kitchen scraps.

· Construction material – material normally used in construction projects, to include wood, metal, wiring, piping, insulation, carpeting, or any other items that are within this description.

· Yard debris – material normally associated with maintenance of exterior grounds, including grass cuttings, tree trimmings, limbs, wood, or any other items that are within this description.

· Recyclable waste – consists of plastic bottles, plastic wrap, aluminum cans, or any other items that are within this description.

A. GENERAL:

This requirement is for a firm-fixed price service to provide all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center, 1670 Clairmont Road, Decatur, GA 30033. Contractor must comply with guidelines recommended under section 21.1 of the Waste Disposal Act and pertinent codes and ordinances of DeKalb County Georgia pertaining to disposal of waste in an incinerator or a land field. Contractor is responsible for providing a contingency plan identifying how they will ensure continuity of services in the event of inclement weather, driver absence or equipment failure. Contractor will utilize landfills within the industry that transforms waste to clean, renewable energy.

B. WORK HOURS:

Normal Work Hours: The service schedule will be developed between the contractor and Contracting Officer Representative prior to services being performed, but will generally be performed during normal business hours, 5:00am - 8:00pm, Monday-Saturday.

National Holidays: The eleven holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day .and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

C. SPECIFIC TASKS:

The contractor shall provide waste disposal services either daily, weekly, or monthly as indicated below (Addresses for Pick Up Locations listed under ):

· Atlanta VAMC - Empty and Return of One (1) VA-Owned 42yd Compactor attached to Sani-Pac, hauled 5 days a week.

· Atlanta VAMC - Two (2) 30yd Open Top hauled 5 days a week.

· Ft. McPherson - One (1) 8yd Recycling FEL hauled once a week.

· Ft. McPherson - Two (2) 30yd Open Top hauled once a week.

· Weems Road Warehouse - Two (2) Open Tops hauled once a month.

Upon notification by the COR of an emergent need for service, the contractor will address within 24 hours of notification, unless mutually agreed upon by both the contractor and COR, i.e., on the next scheduled service delivery date. Contractor shall provide total maintenance of all contractors provided equipment and guarantee that response to service calls on this equipment shall be made within two (2) hours or less.

Contractor shall notify VA if maintenance cannot be completed within (2) hours or less. The VA shall give contractor next day notice of the need for a pickup. When a pickup for trash removal is made, contractor shall present a service ticket to Environmental Services personnel in the EMS Supervisors Office (room GC100) to sign as acceptance of the service.

D. SANITARY CONDITIONS:

The contractor shall be required to dispose of the miscellaneous trash and non-edible garbage in such a manner as not to cause conditions detrimental to public health or to constitute a public nuisance.

The contractor shall assume full responsibility of compliance with all Federal, State, City and County laws, rules and regulations governing removal of waste material.

Collections must be made in contractor containers which must be constructed of steel, be in good repair, all attached doors/cover in operating condition, rat-proof, leak-proof, fire retarding, clean and sanitized, and deodorized after dumping.

The contractor is responsible for leaving pick up areas around and under each container and the 30-yard container or compactor in a clean grease-free, safe, and sanitary manner.

The contractor will be responsible for removing any trash and/or garbage that may be scattered about the area at the time of pick up.

E. DOCUMENTATION FROM THE CONTRACTOR:

1. The contractor shall pick up the original Bill of Lading from the San-I-Pak area for each pick up at the time of pick up and will provide a fully signed Bill of Lading upon return with empty roll off.

2. The contractor shall maintain proper records concerning each Bill of Lading.

The Bill of Lading shall at a minimum contain the following:

· Pickup/Delivery Location

· Pickup/Delivery Date

F. TRAINING REQUIRED BY THE CONTRACTOR:

The driver is required to possess a DOT license to transport hazardous and non-hazardous waste while driving at all times. Must have experience with Sani-Pac.

G. CONTRACTOR POINT OF CONTACT:

The contractor shall provide the name and telephone number of an individual to act as his representative and be responsible for coordination of all contracted services with the Government.

H. EMERGENCIES/CONTINGENCIES/CHANGES:

During the course of the service, additional containers may be required for use to support either projects, repair of compactors, expansion of services or other unforeseen requirements. In these circumstances, upon request, contractor would provide additional containers, to be billed at the same per haul and actual waste weight rates as similar sized containers already on the contract.

· Pickup schedules may be adjusted during the course of the service due to changes in waste usage or patterns.

· Upon request, contractor shall increase or decrease in number of hauls and adjust charges accordingly.

I. MAINTENANCE AND REPAIRS:

The contractor is responsible for maintenance of all their containers and self-compactors.

J. QUALITY ASSURANCE/CONTROL:

1. The contractor shall have a quality control program to ensure the requirements of this contract are provided as specified. The program will include, but will not be limited to the following:

a. An inspection system covering the services listed in this statement of work. It must specify areas of work to be inspected on a scheduled basis.

b. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable which would include ensuring products delivered are clean.

2. The Government will investigate complaints from the Atlanta VAMC and affiliated sites. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

Standard

Disincentive for not meeting performance standards

Adhere to pick-up schedule Completes scheduled services on time.

Any deviation must be approved by the COR in advance

Invoices shall be deducted 5% of the total monthly amount for each occurrence above one per location, per contract.

2nd Occurrence) 10% of monthly invoice.

3rd and subsequent offenses will be 15% of monthly invoice amount.

Provides timely documents i.e., Bill of Lading

electronic date on email reports, as applicable.

Any report submitted late above one occurrence per quarter will be penalized 5% of the monthly invoice in the month the invoice was due.

J. CONTRACTOR PERSONNEL:

While on VA premise, all contractor personnel shall comply with the rules, regulations, and procedures governing conduct of personnel and the operation of the facility.

K. INTERFERENCE TO NORMAL FUNCTION:

Contractor may be required to interrupt their work at any time so as not to interfere normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

Contractor personnel shall inform the COR or designee of the need to gain access to secure areas. If access is required to secure access, prearranged scheduling will be made with the COR or designee.

L. INVOICES:

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted to VA FSC, P. O. Box 149971, Austin, TX 78714. Electronic invoices can be submitted through the Tungsten Network for payment processing, free of charge. http://www.tungsten-network.com/us/en/ If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

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

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

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

· Web Address: http://www.fsc.va.gov/einvoice.asp

A properly prepared invoice will contain at a minimum:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Dates of hauling for each container/compactor and net weight of waste contained within each container/compactor.

· Weight of recycling product collected during the invoice period

· Weight of yard waste collected during the invoice period

· Weight of regular trash collected during the invoice period (compactor and all other dumpsters)

· Total amount due

NOTE: If invoice is submitted improperly (too early, incorrect purchase order number, incorrect billing, etc.), invoice will be returned to contractor for correction.

M. TERMINATION FOR CONVENIENCE:

In accordance with FAR 52.212-4 (l) The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.

N. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS:

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes, and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

CODE OF CONDUCT:

The following rules of conduct represent a minimum requirement for all employees, sub-contractors, agents, representative and management of the Selected Contractor(s). It is the responsibility of the Contractor(s) to ensure that each member of its workforce understands and complies with these rules.

Courteous and respectful behavior is expected at all times. Use of foul or derogatory language will not be allowed.

Meals and breaks will be taken at the same time by all movers in a designated break area. At no time will any mover eat or drink except within the designated break area. Use designated trash receptacles for cups and other garbage. Do not leave meal/break containers behind. Throw them away.

The use of VAMC’s telephones is forbidden. Exceptions will be made for medical emergencies with the approval of your supervisor and/or a representative of MEDVAMC.

Use of electronic devices belonging to VAMC, such as radios or computers, is forbidden.

Security personnel are present in each of the buildings. Security has the authority to examine any item being removed from any building at any time.

Selected Contractor staff will wear company imprinted shirts at all times while on site and during working hours. Shirts must be clean and free of tears and holes.

All Contractor staff will wear their issued VA Contractor Badges at all times - while working on VAMC sites. ID must be worn in a clearly visible and appropriate manner.

All contractor staff will be required to adhere to VAMC’s sign- in and ID protocols.

Keep personal belongings together in the area designated by your supervisor. The VAMC’s representatives have the right to inspect at will all bags and/or packages brought on or off any VAMC grounds.

VAMC CONTRACTOR BADGES

The Selected Contractor(s) staff is required to have a VA Contractor identification badge issued to each member of the crew. A VA Contractor Badge Application will be provided to Selected Contractor after contract awarded. This will need to be completed before Contractor staff arrives on site to Security Office.

Badges are to be worn at all times while on the premises of the Joseph Maxwell Cleland Atlanta VA Medical Center (VAMC), a Joint Commission designated medical facility.

Badges will be placed in a visible location, above the waist, clipped to the front of apparel with photo and name clearly visible.

Contractor ID badges will be turned in to the assigned VAMC representative (COTR) on duty when the contract has expired. The COTR will then forward the badges to the VA Police Service within (5) working days.

Contractor must ensure that the following Identification Requirements are followed by each staff member applying for a VA Contractor Badge at the Security Station on campus:

· Must provide (1) photography ID consisting of either a current Driver’s License,

· Military ID, U.S. Passport, Student ID which includes a Social Security number (will not except any expired IDs)

· Must provide either an original Social Security card or Birth Certificate (a copy will not be accepted).

If both valid ID requirements are not present at time of badge processing, the non-compliant Contractor staff will not be able to work on Joseph Maxwell Cleland Atlanta VA Medical Center (VAMC), a Joint Commission designated medical facility premises.

The Selected Contractor(s) will be required to complete the VA Identification and Privacy Awareness Training (outlined below) a day prior to scheduled work at the Joseph Maxwell Cleland Atlanta VA Medical Center (VAMC), a Joint Commission designated medical facility.

VA Privacy Awareness Training

The following procedure for obtaining the required VA Privacy Awareness Training is a mandatory requirement for all employees, sub-contractors, agents, representative and management of the Selected Contractor(s). It is the responsibility of the Contractor(s) to ensure that each member of the crew understands and complies with the training during the VA Contractor Badge issue process. As all crew staff process in with Security staff (obtain contractor badges), the facility Privacy Officer will provide VA Privacy Awareness Training Literature and a concise education presentation to certify all Contractor staff is compliant with require Privacy Training. All crew staff working at the CNVAMC must provide signatures with facility Privacy Officer confirming their completion of Privacy Training at time of presentation. Any non-compliant Contractor staff will be escorted from job site.

Security

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY CHECKLIST:

• “The C&A requirements do not apply and a Security Accreditation Package is not required.”

• Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor.

• There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services.

Minimum Statutory Requirements

Prohibition on unauthorized disclosure: Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification

Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a

Requirement to pay liquidated damages in the event of a data breach

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

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

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

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

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

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

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

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

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

at least 3 relevant credit bureau reports;

(3) Data breach analysis;

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

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible;

And;

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d).

VA Information System Security/Privacy Clause

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY CHECKLIST:

“The C&A requirements do not apply, and a Security Accreditation Package is not required. “Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor. There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services.

Minimum Statutory Requirements

Prohibition on unauthorized disclosure: Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a Requirement to pay liquidated damages in the event of a data breach: Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

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

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

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

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

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

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

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

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification.

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

(3) Data breach analysis.

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution.

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

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d).

Non-personal Services Contract

No employer-employee relationship is created by an agency’s use of private sector contractor-employees under these regulations. Services furnished by contractor-employees shall be performed by their employees who shall not be considered or treated as Federal employees for any purpose, shall not be regarded as performing a personal service, and shall not be eligible for civil service employee benefits, including retirement. Further, to avoid creating any appearance of such a relationship, agencies shall observe the following requirements:

· [5 CFR 330]

ix. VA Information and Information System Security/Privacy Requirements:

1. All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards, and VA policies, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security.

2. Contractors must follow policies and procedures outlined in VBA Directive 6300, VA Directive 6500, VA Directive 6500.6, VA Handbook 6500, Contract Security which are available at: http://wwwl.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

Information Security

1. The Contractor shall not attempt to override or disable security, technical, or management controls unless expressly permitted to do so explicit under the contract or at the direction of the COR and/or Information Security Officer (ISO).

2. If paper is discovered with personally identifiable information (PII) or sensitive personal information (SPI) on it while performing normal duties outlined in this contract, the Contractor should immediately take it to the COR or the ISO and communicate the following details: where the information was found and who finds it.

3. PII is information, address, social security, etc.:

a) SPI with respect to an individual, means any information about the individual maintained by an agency, including the following: (i) education, financial transactions, medical history, and criminal or employment history;(ii) information that can be used to distinguish or trace the individual’s identity, including name, social security number, date and place of birth, mother’s maiden name, or biometric records.

b) The Contractor will not take VA sensitive information from the work- place without written authorization from the COR and the ISO.

NOTE: Per VA Handbook 6500.6 Appendix A, the C&A requirements do not apply, and a Security Accreditation Package is not required.

3. Period of Performance: Base Year of (12) twelve months from date of award with potential (4) four(12) twelve-month option periods. FOB Destination.

4. FAR 52.212-1, Instructions to Offerors – Commercial Items (SEP 2023), applies to this solicitation. The following provisions and clauses are added as addenda:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation

(OCT 2020)

52.233-2 Service of Protest (SEPT 2006)

52.237-1 Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Department of Veterans Affairs, Veterans Benefits Administration, Office of Acquisition, 1600 G Street, NW, Washington, DC 20006.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Addendum FAR 52.212-1 – Instructions to Offers- Commercial Products and Commercial Items Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

The Department of Veterans Affairs is soliciting quotes from SDVOSB vendors to provide all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material at the Joseph Maxwell Cleland Atlanta VA Medical Center (VAMC).

The government anticipates a single (all or none), firm‐fixed‐price award.

Submission of Quotes Quotes shall be received on or before the date and time specified. Quotes must be emailed to gail.bargaineer2@va.gov and offerors shall ensure the Quote Format is followed and submitted electronically by email to the Contracting Specialist, Gail Bargaineer @ (gail.bargaineer2@va.gov) July 5, 2024 @ 11AM EST. There will be no exceptions.

Quote Format

The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. All line items in the Price Schedule must include a price. Pricing must be submitted separately from your quote. Firm, fixed pricing for each line item is required.” All fillable documents are required for submission. Submission of VAAR 852.219-75 certification completely filled out is required. Offerors must submit recent and relevant past performance history that is similar to the work in the Combined Synopsis Statement of Work (SOW). The subject line must have the solicitation the offeror is responding to listed. There will be no automated email notification of receipt of quotes and amendments. All quotes received without requested documentation will not be considered.

1. The offeror shall submit their quote on company letterhead. The offeror’s quote shall include the name, address, and telephone number of the offeror, the offeror’s UEI# and ORCA document in SAM at www.sam.gov, and a completed copy of 52.212-3 offeror Representations and Certifications- Commercial Items.

2. Acknowledgement or signed copy of all amendments posted to the solicitation and signed 1449.

3. All Offerors must meet the small business size standard of 1,300 Employees for NAICS code 562112- Hazardous Waste Collection Services at the time of submission of quote and at the time of award.

4. All offerors must be registered in Veterans Small Business Certification (VetCert) and BetaSAM at the time of quote submittal.

5. An offeror shall indicate in its quote whether it will (1) self-perform 100% of the requirement, or (2) subcontract any portion of the requirement. If the offeror intends to subcontract any portion of the requirement, the offeror shall provide a subcontracting plan that includes a percentage breakdown evidencing how the offeror will comply with the limitations on subcontracting in 13 CFR 125.6(a)(1). Failure to provide the required information may result in an offeror’s quote being rejected without further consideration. If the offeror plans on using subcontractors, you must provide a subcontracting plan to include:

a. Company Full Name, Address and Telephone Number of point of contact.

d. Work they will be performing, to include % of work on contract.

d. Written statement limited to ten (10) pages or less demonstrating the offeror has the required technical capability, experience, and past performance.

e. VAAR 852.219-75 certification are a submission requirement and shall be submitted electronically.

f. An Offeror must be SDVOSB Verified (reference VAAR 852.219-73) at time of quote submission and at time of award.

g. An Offeror is required to be Registered in the System for Award Management (SAM) (52.204-7) when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

h. Offerors must submit 3 references past contract of equal or greater value that were successfully completed that demonstrate previous work experience. Provide description, dollar value, and Point of Contact (s) including phone numbers.

Note: Competing bidders must include on a separate line item in their proposal the cost for all labor, supplies, tools, materials, transportation, parts, and equipment necessary to remove and dispose of miscellaneous trash, garbage, yard debris and construction material for the Joseph Maxwell Cleland Atlanta VA Medical Center pick-up locations established through the award of this contract.

Questions: Questions shall be submitted to the Contracting Specialist in writing via email. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is June 24, 2024, at 11AM EST. Questions received after this date and time may not be answered. There will be no exceptions. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

Failure to provide any of this information or providing inadequate or unclear information above along with not following the instructions for submission will result in the quote being rated unacceptable and ineligible for award.

To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification (Vet Cert) SBA Veteran Small Business Certification (sba.gov) verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA Vet Cert verified SDVOSB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award.

Site Visit: A site visit for the Joseph Maxwell Cleland Atlanta VA Medical Center (VAMC), a Joint Commission designated medical facility and additional sites are at the Contractors request. "Only one site visit will occur", to discuss all tasks related to the SOW. The site visit location is 1670 Clairmont Road, Decatur, GA 30033, on the ground floor near the main elevators RM#GC103 the EMS Chief's office ; the point of contact for the site visit is Mr. Darryl Gwaltney @ darryl.gwaltney@va.gov; Phone: (404) 353-2645/ (404) 321-6111 x124678. Contractors are to contact the COR, Darryl Gwaltney directly to schedule the site visit on the following date: Thursday, June 20, 2024, 9AM-11AM Est.

(End of provision)

ix. FAR 52.212-2, Evaluation – Commercial Items (NOV 2021), applies to this solicitation.

BASIS FOR AWARD: This Request for Quote (RFQ) is issued in accordance with FAR 12 and in conjunction with Simplified Acquisition Procedures FAR 13.5. Evaluation of price and other factors will be performed in accordance with procedures outlined in FAR 13.106-3. A single award will be made to the offeror who represents the “Best Value” utilizing comparative analysis, considering, technical, past performance, and price.

Technical and Past Performance when combined are more important than price.

a. The Government will award a contract resulting from this solicitation to the responsive, responsible Vendor in accordance with FAR 9.104-1 and whose quote conforms to the solicitation, and provides the best value to the Government, price and other non-price factors considered. Evaluation Approach. The non-price factor are more important than price. As such, the Government reserves the right to make an award to other than the lowest priced quoter if it is in the government’s best interest to do so. Since award may be made to the Vendor with other than the lowest price, price is not necessarily the determining factor.

1. The following factors shall be used to evaluate offers:

a. Technical : The technical evaluator will evaluate the offerors’ quote to fulfill this requirement. The technical capability rating reflects the degree to which the proposed approach has demonstrated the ability to perform services as required by the solicitation. The technical evaluation rating will be determined by evaluating the following: Vendors shall submit documentation illustrating a clear description of the management methodology that will be used for executing the effort described in the SOW and listed below to be responsive. This description shall include:

1. Offer must be in business for two or more years.

2. Offeror must provide capabilities statement specifying the ability to provide service directly related to Solid Waste and Trash Removal Services outlined in the Statement of Work (SOW) not to exceed 10 pages.

3. Details of the vendor’s internal quality assurance plan.

b. Past Performance: The past performance evaluation will be accomplished by reviewing aspects of a Vendors recent and relevant past performance. The Vendor shall submit past performance information that is both recent (within the past three (3) years) and relevant (similar in size, scope, and complexity to the requirement being procured), if applicable. Recent and relevant past performance shall be discussed for the prime contractor and/or any major ‘team members” or “teaming partners” proposed to support this contract.