RFQ_36C25923Q0598.docx

36C25923Q0598

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

36C259-23-AP-0486

666-23-1-590-0119

06-15-2023 Crystal Volmar 303-712-5825 06-26-2023

5:00PM

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

561990 $14.5 Million

N/A

Department of Veteran Affairs Sheridan VA Health Care System 1898 Fort Road

Sheridan WY 82801 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5221

See CONTINUATION Page Contractor shall provide On-Site Secure Document Destruction Services, with on-site weighing and contractor provided receptacles, IAW the SOW.

Contractor must have current NAID Certificate, is bonded and insured, per VA Directive 6371.

Solicitation questions shall be emailed to Crystal.Volmar@VA.GOV no later than 5:00PM MDT on 6/19/2023.

U.S. Department of Labor Wage Determination No.:

2015-5411 Rev 19.

See CONTINUATION Page

John K. Cheng Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

a. CONTRACTOR: Name:

Title:

Company:

Duns Number:

Address:

Telephone:

FAX #:

E-mail address:

b. GOVERNMENT:

Contracting Officer John Cheng, john.cheng2@va.gov Department of Veterans Affairs Network Contracting Office

NCO 19

Contract Specialist Crystal Volmar, crystal.volmar@va.gov Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

FSC e-Invoice Contact Information: (877) 353-9791 FSC e-Invoice email: vafsccshd@va.gov https://www.tungsten-network.com/customer-campaigns/veteransaffairs

B.2 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Document shredding of Temporary Records at VA Sheridan Health Care System, WY

2. Scope of Work: Veterans Affairs requires a qualified contractor to provide on-site secure document destruction services every other week, in accordance with this Statement of Work (SOW) and VA Directive 6371, to include provision of secure fifteen 65-gallon containers. Services must be accomplished in a cost effective, safe, efficient, and secure manner for the VA and in support of the VA Mission.

Services are required for the period of performance and at the location outlined in this SOW.

Period of Performance: This will be a base year plus 4 Option years contract.

Base Year: 7/1/2023 - 6/30/2024 Option Year 1: 7/1/2024 - 6/30/2025 Option Year 2: 7/1/2025 - 6/30/2026 Option Year 3: 7/1/2026 - 6/30/2027 Option Year 4: 7/1/2027 - 6/30/2028

Location: for Interim Document Destruction: The Sheridan VA Medical Center (1898 Fort Road, Sheridan, WY 82801) shall be the location as the primary place of performance for interim destruction. The Contractor’s facility shall be used as the primary place of performance for final destruction.

This is a non-personal services contract. The Contractor, it’s employees, agents and subcontractors shall not be considered government employees for any purpose. Contractor shall furnish all labor, materials, parts, equipment, tools, shipping, transportation, insurances, licenses, certifications, and supervision necessary to provide services in accordance with this Statement of Work. The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations, and certificates, pursuant to lawful application of the provision of services. For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

3. Background: Sheridan VA Healthcare System produces a large amount of paper that will need destructive services. This paper can contain sensitive or private information.

4. Performance Period:

Base Year: 7/1/2023 - 6/30/2024 Option Year 1: 7/1/2024 - 6/30/2025 Option Year 2: 7/1/2025 - 6/30/2026 Option Year 3: 7/1/2026 - 6/30/2027 Option Year 4: 7/1/2027 - 6/30/2028

5. Schedule: Service is requested to occur on Monday through Friday and every other week (26 times per year). The secure mobile containment unit shall be emptied when 50% full or greater.

B. CONTRACT AWARD MEETING

No “kick-off” meeting required.

C. GENERAL REQUIREMENTS

This is a non-personal services contract. The Contractor, it’s employees, agents and subcontractors shall not be considered government employees for any purpose. Contractor shall furnish all labor, materials, parts, equipment, tools, shipping, transportation, insurances, licenses, certifications, and supervision necessary to provide services in accordance with this Statement of Work. The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations, and certificates, pursuant to lawful application of the provision of services. For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

Current Amounts and Processes:

a) The location currently uses over 200+ office-suitable receptacles which hold a maximum of 80 pounds of paper.

b) Two VA employees go from office to office and empty them into the large 65-gallon containers which are lockable and need to remain locked.

c) Fifteen 65-gallon containers are provided by the Contractor, as part of the service, and they remain in the secure area until the Contractor empties them for destruction services.

d) The Contractor weighs the contents on-site and VA staff observe this process. VA Records Officials also perform random observations of the process.

e) The shredding and destruction will occur on-site at the location by the Contractor.

f) The Contractor provides a Certificate of Destruction. This certificate must meet the requirements in VA Directive 6371 Destruction of Temporary Paper Records dated 04/8/2014.

g) The Contractor takes the shredded paper to a landfill.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Number of Containers: The VA will need fifteen 65-gallon containers to store un-shredded material between services. The contractor is responsible for providing 65-gallon containers for use on-site at the location. The containers must be large enough to accommodate the accumulation of un-shredded material and ensure proper closure of the container (lockable) while eliminating safety risks during user transportation or movement of the container.

Amounts: The VA estimates 26,000 pounds will need to be collected and destroyed every 12 months.

E. GOVERNMENT RESPONSIBILITIES [If applicable]

· Gather all the items and store them in the fifteen contractor provided containers.

· Meet with contractor on day of shredding

· Oversee the process

· Receive report

Contract Oversight by The Veteran Affairs

Contracting Officer’s Representative (COR) -Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. The COR will periodically evaluate the Contractor’s performance to ensure services are received in accordance with this SOW. The COR will evaluate the Contractor’s performance through review of the deliverables and Contractor’s performance.

Authority of the COR - The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Government Alternate Points of Contact (POC) – Emergencies Only - The COR will identify Alternate Points of Contact (POC) to be used only for instances of emergencies when the COR is not easily contactable. These will be individuals in supervisory or managerial roles within the VA department responsible for monitoring performance on this contract. The contractor will be provided this information within 5 days of an Alternate POC being assigned. An Alternate POC does not replace the COR, nor do they replace the Contracting Officer during the performance and administration of this contract, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Contract.

Placing Orders for Services – The COR is designated by the Contracting Officer as the only authorized point of contact for communicating Task and Requirement related details to the Contractor’s Representative. The contractor will only be required to fulfil Tasks and Requirements, and the COR will be authorized to proceed to communicate with the contractor on Tasks and Requirements, upon receipt of a funded Task Order which has been signed by a VA warranted Contracting Officer from the Administrative Contracting Office identified on page 1 of this contract. Performance of tasks must not exceed the dollar values and period of performance outlined in the Task Order, or its respective modifications. If service is requested outside the Task Order terms and conditions, the Contractor is to advise the COR of this, refuse to respond to the order request, and immediately follow up in writing with the Contracting Officer. Any billing resulting from unauthorized service will not be paid by the government. Within 48 hours of commencement of each Task and contract related service, the COR and the Contractor’s Representative must respectively provide written confirmation of such to the CO. The VA will strive to provide the Contractor a signed Task Order within 10 days of performance being required on Tasks. Refer to section in this SOW for Service Reports as well as the Ordering clauses in this contract.

F. CONTRACTOR EXPERIENCE REQUIREMENTS

Qualified Contractor: To fully qualify in performing services on this contract, and per this SOW, the Contractor must demonstrate, and maintain throughout the life of the contract, the following requirements:

1) compliance with VA Directive 6371 Destruction of Temporary Paper Records dated 04/8/2014, and

2) obtaining and maintaining a secure mobile containment unit with capacity for approximately 2,500 lbs. of storage of un-shredded material, and

3) obtaining and maintaining a secure mobile containment unit with capabilities to shred and destroy from the large 65-gallon containers, and

4) obtaining and maintaining fifteen 65-gallon containers on-site at the Sheridan VA location to satisfy the accumulation of documents between services at the location.

5) demonstrated service performance in accordance with all applicable laws, ordinances, regulations, and service requirements as enforced by Federal, state, local and industry.

Contractor must provide current certifications to CO and COR upon award, and provide immediate written notice to the CO and COR within 5 days following any change in certification, licensing, or update in equipment, applicable to this contract and SOW. If the records require special protection because they are national security classified or deemed confidential by statute such as the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), regulation, or VA policy, the wastepaper contractor must be required to wet pulp, macerate, chop, shred, or otherwise definitively destroy the information contained in the records so that it is not readable or reconstructable. The destruction of the information must be witnessed either by a federal employee or, if authorized by the organization that created the records, by a contractor employee. This witnessing may be completed by the wastepaper contractor if a documented certification of destruction is provided to VA that certifies complete destruction of the records.

Contractor Personnel Requirements: The Contractor shall provide personnel capable of performing pick up and shred services. Additionally, all personnel shall pass a Government specified background investigation per VA Handbook 0710 prior to working with Personally Identifiable Information. The position sensitivity for this effort has been designated as Low Risk and the level of background investigation is a National Agency Check with Written Inquiries (NACI). The Contractor will coordinate with the COR for all Security Issues. The COR will coordinate the NACI process through the VA Human Resources and with cooperation from the Contractor and Contractor personnel. The Contractor is only required to pay for the cost of the NACI check following failure of each contractor personnel (including subcontractor personnel) to successfully pass for qualification to perform services on this contract. The Contractor is required to provide personnel who will have no criminal history in their record to perform services in accordance with this SOW.

Tasks And Requirements: The Contractor shall provide the tasks and requirements for onsite, secure document destruction services, during the applicable period of performance, and within the constraints of this SOW and the terms and conditions of this contract.

Important: Contractor must comply with VA Directive 6371 Destruction of Temporary Paper Records dated 04/8/2014 during the performance of services on this contract.

1) On-site secure document destruction means the Contractor shall furnish on-site, commercial, secured collection and destruction of confidential documents, paper, and patient privacy information.

2) Contractor must provide secure steps for containment, pickup at point of collection, shredding per Veteran Health Administration (VHA) standards, and end recycling.

3) Contractor is responsible for providing, at no additional cost to the government, fifteen, 65-gallon lockable containers to satisfy every other week services and to reside at the location for use in accordance with this SOW. (Requirement)

4) The Contractor is responsible for collecting the large 65-gallon containers from the secure area at the Location. All containers will be locked and secured until time of destruction. The Government shall provide access to shred bin locations, generally the warehouse, in compliance with pickup services, excluding government holidays.

5) Prior to shredding, each container must be weighed by the contractor to provide an accurate weight of material being shredded by the Contractor.

6) The Contractor will shred the contents from the large 65-gallon containers, on-site.

7) Final Destruction: The destruction process must assure that paper is not readable or reconstructable to any degree.

8) Interim Destruction: Interim destruction does not definitively ensure paper is not readable or reconstructable to any degree but does ensure they are not readable or reconstructable without extraordinary effort. This destruction of temporary records is a preliminary step that will allow for secure transport of records until such time as their final destruction.

9) Site Clean-up: The Contractor shall assure its processes do not create an unclean or unsafe environment for Sheridan VA Healthcare System and do not damage or destroy government property.

10) Final Inspection: The COR will notify the vendor of any issues raised from the destruction of paper from each location.

11) Certification of Destruction - Contractor must provide the COR with a Certification of Destruction, per VA Directive 6371, that attests to the completion of the destruction process after the destruction of VA records has taken place, and for every completed service. The certification is not valid if submitted prior to the actual destruction of the records. The Certificate of Destruction needs to have the following information:

a. Attest to final destruction.

b. What records were destroyed, i.e., medical records, interoffice correspondence, etc.

c. Date

d. What destruction method was used.

e. Where destroyed – should say on-site final destruction.

f. Who responsible – Company Name

g. SVAHCS staff who observe the shredding need to sign and date in the space provided on the current certificate.

12) Contractor should provide a sample of final destruction to ensure the documents could not be reconstructed or read.

13) Contractor shall notify POC if shredding is not possible due to emergency, equipment malfunction, or weather. Initial notice shall occur by phone with contractor providing confirmation in writing to the POC, with a copy to the CO. Contractor is required to notify POC and CO in writing if final locations of waste dump changes from existing City landfill/recycling facility.

Service Reports:

Contractor shall provide the COR with individual Service Reports pertaining to tasks and requirements performed at the location. All Service Reports are to be signed and dated by designated Contractor POC and provided to the COR at the end of each performance. Service reports must be legible. Complete service reports must be received by the VA POC, COR or CO before any invoice can be certified for payment.

Each Service Report must legibly document the following to be considered complete:

14) Name of contractor and contract number

15) Purchase order number

16) Contractor Service Report number/log number/Certificate of Destruction number

17) Contractor Personnel in attendance during the applicable Service period, to include their full name

18) Hours performed during the applicable Service period. Date, Time (starting and ending) of services

19) Description of services performed during the applicable Service period

20) Description of problems reported by the POC/user (if applicable)

21) Identification of containers serviced, if applicable

22) Identify details of any calibrations performed and results of such

23) Signatures, as needed, at time of services from contractor technicians performing service and name of authorized VA Employee who witnessed service described

24) Full name of POC, stating whether present during services or absent

25) Process of destruction

26) Total and tare weight

27) Weight of paper shredded prior to shredding

28) Size of particles after processing

29) Location of waste disposal with date/time of disposal

G. CONTRACT OVERSIGHT BY THE CONTRACTOR

Contractor Representative and Point of Contact (POC) - The Contractor shall specify an individual who shall serve as a single point of contact for all Contract issues. Contractor must provide the COR and Contracting Office with the POC contact details, to include cell phone and email, as a minimum:

1) Within 5 business days of contract award,

2) Within 5 business days after contract Option Period renewal, and

3) Within 5 business days prior to a change in the COR by the Contractor.

The POC must be easily accessible by phone and return COR calls within 48hours of a voice message left by the COR.

Changes in Personnel - Changes to Contractor personnel that involve either:

1) Contractor-proposed substitutes of existing Contractor personnel, or

2) Adjustments to the Contractor personnel qualifications must be disclosed to the COR at least three (3) days prior to making any permanent substitutions of staff, and

3) Providing a detailed written explanation of the circumstances necessitating the proposed substitutions, and any additional information requested by the COR.

Replacement Contractor personnel must have comparable qualifications to those of the personnel being replaced, and must satisfy the requirements listed in the Qualifications section of this SOW. The COR must provide approval of any Contractor replacement personnel prior to being privy to service details or commencing services under this SOW and contract.

The COR will:

1) Notify the Contractor within 15 days after the receipt of all required information of the decision on the proposed substitutes.

2) Only consider changes of key personnel if notified via written communications.

Safety And Compliance: The Contractor must perform services in accordance with:

1) All federal, state, and local laws, whether or not related to the performance of contract services.

2) Local, State, and Federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA).

3) Local, state, and federal guidelines and legislation, as well as Sheridan VA Healthcare System directives and guidelines, relating to privacy protection laws.

Contractor’s Safety Plan: Contractor must submit a Safety Plan to the CO at time of award. This will provide to the COR and SVAHCS Safety Officer for evaluation and approval. Prior to implementation of any changes in the Contractor’s Safety Plan, a revised Safety Plan must be provided to the COR and CO. Written approval from the COR must be received by the Contractor prior to implementing new Safety Plans.

Medical Center Directives and Policies: Each VA Medical Center has directives and policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed. VA universal policies include parking, possession of weapons, cell phone use, and use of photography as well as smoking on VA property. Contractor’s must comply with posted rules and signs on federal property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

H. QUALITY

Contingency Plan - The Contractor’s contingency plan shall be provided at time of award detailing actions that will be taken by the Contractor in the event of equipment failure, insufficient contractor staffing, or unexpected event(s) that result in services not being completed to the standards in the SOW, as well as the VA Directive 6371.

Remedy or Rework - Rework or Remedy is defined as performing the Service again until the Purpose of this SOW is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the COR. Rework or Remedy must occur within a reasonable time, but no more than 5 business days of the notice of the rework or remedy requirement from the COR and at no additional cost to the Government. In the event climate or weather conditions make it unsuitable for Services, the entire service date will be re- scheduled to a date and time mutually agreeable to the contractor and the COR. Postponement because of these circumstances will not reflect any penalties assessed to the Contractor or to the Government.

Federal Holidays and Standard Business Hours - Standard Business House at the VA Medical Center are between 8:00am and 4:30pm Monday-Friday excluding Federal holidays, except by special alternate arrangement, coordinated and authorized by the COR.

The Federal Government observes the following days as holidays. Federal Holidays can be found at the OPM website. At time of writing, the information can be found at https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/ The Federal Government observes the following days as holidays.

*Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.

In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order Any other day designated by the President of the United States to be a federal holiday

I. CONFIDENTIALITY AND NONDISCLOSURE

Standard mandatory language for all task orders.

J. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

New contractor personnel security requirements, which facilitate the security programs for computer systems and automated information systems implemented by the Office of Security and Law Enforcement and Veterans Health Administration.

5. Contractor Registration:

5.1 The contractor must have current registration through Central Contractor Registration (CCR), www.ccr.gov.

DEFINITIONS

Acceptance Signature - VA employee who is authorized to sign-off on the Service Report Authorization Signature - COR's signature; indicates COR accepts work status as stated in Service Report.

CO - Contracting Officer Contractor Employees – has the same meaning as Contractor Personnel Contractor Personnel - has the same meaning as Contractor Employees COR – Contracting Officer’s Representative OSHA – Occupational Safety and Health Administration PWS – Any reference to PWS in this contract means “performance work statement” and is not to be confused P.W.S. which also known in industry to mean potable water system. This is a performance-based service acquisition. Further details can be obtained in FAR Part 37.6.

Service Report - a documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

Services – includes those identified in the Purpose of this PWS SOW – for the purpose of this contract SOW has the same meaning as PWS and refers to the PWS in this contract.

SR –Service Report Contractor Personnel – are personnel and/or employees who shall be suitably knowledgeable in the field related to the services in this PWS to satisfactorily perform services in accordance with the PWS. The contractor shall provide personnel experienced and qualified to perform the required services in accordance with industry practices and standards.

VA - Department of Veterans Affairs VAHCS – VA Health Care System VAMC – Veterans Affairs Medical Center VA Mission Statement: “To fulfill President Lincoln's promise “To care for him who shall have borne the battle, and for his widow, and his orphan” by serving and honoring the men and women who are America’s Veterans.”

VHA - Veterans Health Administration

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

On-site Document Shredding and Destruction Services for the Sheridan VA Medical Center IAW the SOW.

Base Year POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

On-site Document Shredding and Destruction Services for the Sheridan VA Medical Center IAW the SOW.

Option Year 2 POP Begin: 07-01-2025 POP End: 06-30-2026

On-site Document Shredding and Destruction Services for the Sheridan VA Medical Center IAW the SOW.

Option Year 3 POP Begin: 07-01-2026 POP End: 06-30-2027

On-site Document Shredding and Destruction Services for the Sheridan VA Medical Center IAW the SOW.

Option Year 4 POP Begin: 07-01-2027 POP End: 06-30-2028

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) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

(End of Addendum to 52.212-4)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years.

(End of Clause)

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.5 VAAR…