RFQ-36C24723Q0559-Courrier servicerev2.docx

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Attached to
COURIER SERVICE Federal contract opportunity
Solicitation number
36C24723Q0559
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 7

About this file

This is a solicitation for courier services to transport medical specimens, documents, and supplies between a Department of Veterans Affairs community-based outpatient clinic in Statesboro, Georgia, and the Charlie Norwood VA Medical Center in Augusta, Georgia. The contractor will provide daily pickup of lab specimens and documents from the clinic by 2:00 pm for delivery to the medical center laboratory by 4:30 pm, as well as twice-weekly deliveries of supplies from the medical center to the clinic on Tuesdays and Thursdays. The base period of performance is one year from October 1, 2023 through September 30, 2024, with four optional one-year extensions. The solicitation requests pricing for regular daily and bi-weekly routes, as well as emergency trips. The acquisition is set aside for certified service-disabled veteran-owned small businesses and offers are due by August 24, 2023.

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Combined Synopsis-Solicitation for Commercial Items

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 effective 06/02/2023.

This solicitation is set-aside for 100% SDVOSB concerns

The associated North American Industrial Classification System (NAICS) code for this procurement is 492110, with a small business size standard of 1,500 employees.

The FSC/PSC is R602.

All interested companies shall provide quotations for the following:

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24723Q0559 07-24-2023 Derrell Calhoun None 08-24-2023

12:00 PM

EDT

36C247 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

X

492110 1500 Employees Net 30

N/A

36C521 Department of Veterans Affairs Birmingham VA Medical Center 700 19th Street S Birmingham, AL 35233

36C247 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page Vendor shall provide courier services for laboratory specimen pick-up and delivery for Pathology and Laboratory Medicine Service.

CS: derrell.calhoun@va.gov CO: Sheryl D. Harris, sheryl.harris5@va.gov

All questions shall be submitted by 08/15/2023 by 10:00 AM ET

All quotes shall be submitted by 08/24/2023 by 12:00 PM ET.

Wage Determination: 2015-4591

See CONTINUATION Page

Sheryl D. Harris Contracting Officer

Table of Contents

SECTION A2
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES2
SECTION B - CONTINUATION OF SF 1449 BLOCKS5
B.1 CONTRACT ADMINISTRATION DATA5
B.2 PRICE/COST SCHEDULE11
ITEM INFORMATION11
B.3 DELIVERY SCHEDULE27
SECTION C - CONTRACT CLAUSES30
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)30
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)35
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)43
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)43
C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS44
C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)44
C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)45
C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)48
C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)49
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)50
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)51
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS52
SECTION E - SOLICITATION PROVISIONS53
E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)53
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)55
52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES61
E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)62
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)79
E.5 52.216-1 TYPE OF CONTRACT (APR 1984)80
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)81
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)81
E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)81

SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247 Sheryl D. Harris

VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

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] Monthly in arrears

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

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

AMENDMENT NO
DATE

STATEMENT OF WORK

COURIER SERVICE

Community Based Outpatient Clinic (CBOC) Statesboro, GA to Charlie Norwood VA Medical Center (CNVAMC) Augusta, GA

A. GENERAL INFORMATION

1. Title of Project: Courier services to deliver medical specimens, X-ray film and other documents from the Community Based Outpatient Clinic (CBOC) 658 Northside Drive, East-Suite B, Statesboro, GA to the Charlie Norwood VA Medical Center (CNVAMC) Augusta, GA, Downtown Division Laboratory at 950 15th Street in room 2D-101 and X-ray in room 2D-200. Courier services will also be needed to pick-up mail, routine medical supplies from SPD for delivery to the Statesboro CBOC.

2. Scope of Work: Contractor will provide courier service for medical specimens. X-ray films and other documents will also be ready for pick-up and delivery as needed.

All lab specimens will be packaged and ready to be picked up at the agreed upon time. Courier service is to provide their own OSHA 2 approved medium sized coolers and refrigerant packs to keep specimens refrigerated during transport (VA will not provide ice or ice packs). Some specimens will require room temperature transport and will only need to be protected from the heat.

Routine medical supplies, inter-office mail, and other items as necessary will be ready to pick up from the VAMC Augusta, GA, SPD Department and delivered to the CBOC in Statesboro and placed in the supply storeroom. These deliveries will be scheduled twice per week (Tuesdays and Thursdays) with additional deliveries as necessary. The time of pickup will be agreed upon by the VA and the contractor to allow sufficient time to arrive in Statesboro between 1:30 and 2:00 pm.

Courier may park in designated parking spaces for visitors at the VAMC Augusta, GA. And enter through the Visitors entrance. This entrance does close at 8:00pm. Courier may need a small hand truck for packages. VA does not determine what vehicle you use. The delivery load category is light. No additional insurance that is not listed in this SOW is required other than State requirements. The driver will load all merchandise.

3. Background: The Statesboro, GA CBOC is a Community Based Outpatient Clinic that provides primary care services to enrolled veterans. The Statesboro CBOC is located approximately 80 miles from its parent station, Charlie Norwood VAMC, in Augusta, GA. The CBOC does not have the ability to process labs or x-rays on site. All laboratory specimens collected for testing must be delivered to the laboratory at the Downtown Division, CNVAMC, in adequate time to preserve the integrity of laboratory results. The courier service is also needed to deliver x-ray films, documents, mail, and SPD supplies from CNVAMC to the Statesboro CBOC.

4. Performance Period: One Base year with the possibility of (4) one year option periods.

Base Year:
October 01, - 2023 – September 30, 2024
1st Option Period
October 01, -2024 – September 30, 2025
2nd Option Period
October 01, - 2025 – September 30, - 2026
3rd Option Period
October 01, - 2026 – September 30, - 2027
4th Option Period
October 01, - 2027 – September 30,- 2028

5. Type of Contract: The contract will be a Firm-Fixed-Price (Requirements) contract and payment will be on a cost-per-delivery run basis. The runs should be priced separately (per each trip). One trip is one way from the Statesboro CBOC to CNVAMC Augusta, GA; or from the CNVAMC Augusta, GA to the Statesboro CBOC.

B. GENERAL REQUIREMENTS

1. Services: The contractor shall provide pick-up and delivery services once each day. Pick-up will be made at the Statesboro CBOC between 1:30pm and 2:00pm, Monday through Friday except for Federal Holidays. Specimens shall be delivered to the Augusta VAMC Laboratory no later than 4:00 – 4:30 pm.

Delivery of mail and supplies from Augusta to Statesboro CBOC will routinely be scheduled twice per week, with the option of expanding that service as necessary.

Services include providing OSHA approved Laboratory containers/coolers with refrigerant packs to maintain appropriate temperature for lab specimens. Containers/Coolers must be labeled with a Biohazard label.

All contractor employees responsible for transporting specimens must have been trained and certified in accordance with OSHA (Occupational Safety and Health Organization) on proper specimen handling procedures, dry ice, temperature control, record keeping, and infectious disease (Biohazardous) specimen handling in case of an accidental spill. Contractor must submit a Blood-Borne Pathogen Training Certificate from OSHA or an equivalent organization to the Contracting Officer with their proposal. This training certificate shall also be submitted to the Laboratory Manager at the CNVAMC Augusta, GA and the Contracting Officer's Representative (COR) after contract award. Accidental/Emergency Spill Kits must be carried in the vehicle at all times.

2. Quality Control: The contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications. The contractor shall develop and implement procedures to track, identify, prevent, remedy and ensure non-recurrence of defective services. The contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The contract shall immediately notify the COR upon receipt of a customer complain in order that joint validation may be accomplished. The contractor is responsible for quality control and specification compliance.

3. Record of Pick-Up and Delivery: The contractor must maintain a record and log of daily courier pick-ups and deliveries indicating time and date of pickup, delivery, number of specimens and/or items and signatures.

4. Contractor Couriers/Drivers:

a. All contractor employees must maintain a valid driver’s license for the type of vehicle operated as required by the States operating therein. A record of each driver as to character and physical capabilities for performing as a courier must be maintained and made available for inspection to the Department of Veterans Affairs Medical Center upon request.

b. The contractor personnel performing services to the Government shall at all times conduct themselves in a professional manner, present a neat appearance and be easily recognized as a contract employee by having the company name and employee name affixed to the clothing. The contractor shall be responsible for furnishing all vehicles, personnel, equipment, vehicle fuel, name tags and/or bags for performance under this contract. Employee identification shall be worn in clear view above the waist.

c. The Government reserves the right to restrict any contractor employee from performing services under this contract who does not meet the required qualifications or who violate Federal regulations or are identified as a potential threat to the security, safety, health and/or operation mission of VA and its Veteran patients. The restriction of such contractor personnel shall not relieve the contractor from performing all the required services in accordance with all terms, conditions, and schedules contained herein.

d. The Certification and Accreditation requirements for IT security do not apply, and a Security Accreditation Package is no required.

5. Contractor Vehicles: The vehicles used in the performance of this Contract must be licensed and meet the minimum requirements by the States And cities operated therein.

Federal Holidays:
The 10 holidays observed by the Federal Government are:
New Year’s DayMartin Luther King’s Birthday
President’s DayMemorial Day
Independence DayLabor Day
Columbus DayVeteran’s Day
ThanksgivingChristmas
Juneteenth

Any other day specifically declared by the President of the United States to be a national holiday.

Data Security Information Gathered or Created or Created in Performance of Services

a. Information, including, but not limited to, veteran individually-identifiable information (iii) and personal healthcare information (PHI), gathered or created by the Contractor in the performance of this contract is the exclusive property of VA and must be received, gathered, stored, backed up, maintained, used, disclosed and disposed of in accordance with the terms of this contract and applicable federal and VA information confidentiality and security laws, regulations and policies, including VA Directive and Handbook number 6500.

b. The Contractor shall provide access to VA information only to employees, subcontractors, and affiliates only: (1) to the extent necessary to perform the services specified in this contract, (2) to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of this contract, and (3) only to individuals who first satisfy the same conditions, requirements and restrictions that comparable VA employees must meet in order to have access to the same VA information. These restrictions include the same level of background investigations, where applicable. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contractor and its subcontractors must ensure that VA III and PHI is secure at all times and will ensure proper security is used on contractor or subcontractor computers with VA III or PHI information is stored. To avoid risk of loss or theft, VA III and PHI shall NOT be transferred by contractor or its subcontractors to paper, diskettes, CDs, DVDs, USB flash drives, external computer drives, computer notebooks, home computers or any other medium, and shall NOT be removed from the contractor or subcontractor site under any circumstances without specific written authorization of the VA Information Security Officer. VA III and PHI shall NOT be transferred between contractor or subcontractor computer unless permission is granted by VA for such transfer of data and secure encrypted transmission methods approved by the VA Information Security Officer are utilized. Contractor employees shall be required to sign VA National Rules of Behavior before they can be authorized access to VA information systems.
e. The Contractor shall immediately (on the date of discovery of the incident) report any incident of theft, loss or comprise of VA sensitive information to the Contracting Officer, the COR and any other VA Official designated by the Contracting Officer. This report shall be in writing and contain the fullest explanation possible and all the details of the incident available to the contractor. VA must receive notice from the contractor on the date contractor discovers incident.

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

g. 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:

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

Description of the event, including:

(1) date of occurrence;

(2) 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 considering 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.

i. HIPAA Compliance. The Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI)

g. Security Considerations: A background investigation will be required for this acquisition.

9. ACCESS AUTOMATED DATA PROCESSING FILES - In performance of official duties, the Contractor's employee(s) have regular access to printed and electronic files containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 USC 552a), and other applicable laws, Federal Regulations, Veterans Affairs statutes and policies. The Contractor's employee(s) are responsible for (1) protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion and (2) following all applicable regulations and instructions regarding access to computerized files, release of access codes, etc., as set out in a computer access agreement which the Contractor's employee(s) sign.

10. Security Requirements for Contractor Employees

a. The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. Contractor shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information from the Veterans Affairs Medical Center, may be subject to fines of up to $20,000.00.

b. Records: Contractor personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. 4132 or 3305, as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained. Violation of these statutory provisions as stated in department regulations by the Contractor's employees may involve imposition of criminal penalties.

11. Training

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA Privacy & HIPPA training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

12. INVOICES:

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the COR.

A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided

· Inclusive dates and quantity supply or service provided

· Total amount due

B.2 PRICE/COST SCHEDULE-ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
260.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for a Period of Performance beginning 10/01/2023 - 09/30/2024. Courier will Transport lab specimens and other documents from the Statesboro Clinic to Augusta VAMC. One trip daily, M-F excluding Federal holidays. Pickup location: Statesboro CBOC 658 Northside Drive East, Suite B, Statesboro, GA Delivery location: Augusta VAMC (DD) 950 15th Street Augusta, GA

104.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for the Period of Performance beginning 10/01/2023 - 09/30/2024. Transport interoffice distribution and supplies from the Augusta VAMC to the Statesboro CBOC twice per week; two trips to be made on Tuesdays and Thursdays excluding Federal holidays. Delivery location: 658 Northside Drive East, Suite B Statesboro, GA. Pickup location: Augusta VAMC (DD) 950 15th Street Augusta, GA Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

5.00
EA
__________________
__________________

Contractor will provide Courier Services for the Period of Performance beginning 10/01/2023 - 09/30/2024 for Emergency/Unscheduled one-way deliveries from/to Statesboro CBOC and Augusta VAMC - not to exceed 5 one way trips.

260.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for a Period of Performance beginning 10/01/2023 - 09/30/2024. Courier will Transport lab specimens and other documents from the Statesboro Clinic to Augusta VAMC. One trip daily, M-F excluding Federal holidays. Pickup location: Statesboro CBOC 658 Northside Drive East, Suite B, Statesboro, GA Delivery location: Augusta VAMC (DD) 950 15th Street Augusta, GA

104.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for the Period of Performance beginning 10/01/2023 - 09/30/2024. Transport interoffice distribution and supplies from the Augusta VAMC to the Statesboro CBOC twice per week; two trips to be made on Tuesdays and Thursdays excluding Federal holidays. Delivery location: 658 Northside Drive East, Suite B Statesboro, GA. Pickup location: Augusta VAMC (DD) 950 15th Street Augusta, GA

5.00
EA
__________________
__________________

Contractor will provide Courier Services for the Period of Performance beginning 10/01/2023 - 09/30/2024 for Emergency/Unscheduled one-way deliveries from/to Statesboro CBOC and Augusta VAMC - not to exceed 5 one way trips.

260.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for a Period of Performance beginning 10/01/2023 - 09/30/2024. Courier will Transport lab specimens and other documents from the Statesboro Clinic to Augusta VAMC. One trip daily, M-F excluding Federal holidays. Pickup location: Statesboro CBOC 658 Northside Drive East, Suite B, Statesboro, GA Delivery location: Augusta VAMC (DD) 950 15th Street Augusta, GA Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

104.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for the Period of Performance beginning 10/01/2023 - 09/30/2024. Transport interoffice distribution and supplies from the Augusta VAMC to the Statesboro CBOC twice per week; two trips to be made on Tuesdays and Thursdays excluding Federal holidays. Delivery location: 658 Northside Drive East, Suite B Statesboro, GA. Pickup location: Augusta VAMC (DD) 950 15th Street Augusta, GA Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

5.00
EA
__________________
__________________

Contractor will provide Courier Services for the Period of Performance beginning 10/01/2023 - 09/30/2024 for Emergency/Unscheduled one-way deliveries from/to Statesboro CBOC and Augusta VAMC - not to exceed 5 one way trips.

260.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for a Period of Performance beginning 10/01/2023 - 09/30/2024. Courier will Transport lab specimens and other documents from the Statesboro Clinic to Augusta VAMC. One trip daily, M-F excluding Federal holidays. Pickup location: Statesboro CBOC 658 Northside Drive East, Suite B, Statesboro, GA Delivery location: Augusta VAMC (DD) 950 15th Street Augusta, GA Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

104.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for the Period of Performance beginning 10/01/2023 - 09/30/2024. Transport interoffice distribution and supplies from the Augusta VAMC to the Statesboro CBOC twice per week; two trips to be made on Tuesdays and Thursdays excluding Federal holidays. Delivery location: 658 Northside Drive East, Suite B Statesboro, GA. Pickup location: Augusta VAMC (DD) 950 15th Street Augusta, GA Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

5.00
EA
__________________
__________________

Contractor will provide Courier Services for the Period of Performance beginning 10/01/2023 - 09/30/2024 for Emergency/Unscheduled one-way deliveries from/to Statesboro CBOC and Augusta VAMC - not to exceed 5 one way trips.

260.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for a Period of Performance beginning 10/01/2023 - 09/30/2024. Courier will Transport lab specimens and other documents from the Statesboro Clinic to Augusta VAMC. One trip daily, M-F excluding Federal holidays. Pickup location: Statesboro CBOC 658 Northside Drive East, Suite B, Statesboro, GA Delivery location: Augusta VAMC (DD) 950 15th Street Augusta, GA Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

104.00
EA
__________________
__________________

Contractor shall provide Courier Services for the Statesboro Clinic for the Period of Performance beginning 10/01/2023 - 09/30/2024. Transport interoffice distribution and supplies from the Augusta VAMC to the Statesboro CBOC twice per week; two trips to be made on Tuesdays and Thursdays excluding Federal holidays. Delivery location: 658 Northside Drive East, Suite B Statesboro, GA. Pickup location: Augusta VAMC (DD) 950 15th Street Augusta, GA Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

5.00
EA
__________________
__________________

Contractor will provide Courier Services for the Period of Performance beginning 10/01/2023 - 09/30/2024 for Emergency/Unscheduled one-way deliveries from/to Statesboro CBOC and Augusta VAMC - not to exceed 5 one way trips.

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

36C24723Q0804

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 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) C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4,…

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