S02-36C77026Q0027-Tucson Secure Shredding Services.pdf

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

NCO 15 Contracting Ofc - CMOP

36C77026Q0027 10-17-2025

Diana Olson 913-946-1980 10-31-2025

5PM CDT

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

X 100

X

561990

$16.5 Million

N/A

X

36C770

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

762- Off-Site Secure Shredding Services

Must be registered as SDVOSB in SBA to be eligible to bid.

Vendor must be registered and in good standing in SAM.gov at time of offer and award.

See B.2. Statement of Work for details

Quotation package shall include:

Form 1449 signed and B.3 pricing schedule completed Email quote package to diana.olson@va.gov

This is a firm-fixed price contract for 5 years with Ordering periods during dates 01/30/2026-01/29/2031.

See CONTINUATION Page

X X

Phillip Reuwer

36C77026Q0027

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 24

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C770 Phillip Reuwer

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP

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

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

Department of Veterans Affairs FSC PO Box 149971 Austin TX 78714-8971

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Statement of Work – Tucson SW CMOP HIPPA Shredding

1.0 BACKGROUND:

The Department of Veterans Affairs (VA) Consolidated Mail Outpatient Pharmacy (CMOP) in Tucson located at 3675 Britannia Drive, Tucson, AZ 85706-5041 is one of seven CMOP facilities located throughout the United States. CMOPs are mail order pharmacies that support VA Medical Centers (VAMC’s) by refilling over 80% of Veterans prescriptions. The Tucson SW CMOP processes 84,000 to 90,000 prescriptions at the facility each day. The Tucson SW CMOP has a requirement for Sensitive Information Shredding.

2.0 SCOPE OF WORK:

The Contractor shall provide all labor, equipment (inclusive of Confidential Information Consoles), supervision, and management to provide On-Site Material Shredding Services of paper containing personal, confidential, and proprietary information, and provide Certificate of Destruction (COD), in accordance with (IAW) federal, state and local laws, and ordinances of the State of Arizona. The Contractor shall provide for weekly, A.M. services, and unscheduled services that may arise from time to time as directed by the Department of Veterans Affairs, Pharmacy Benefits Management (PBM) Tucson CMOP. The Contractor shall perform all services On-Site at the Department of Veterans Affairs, CMOP, located at 3675 Britannia Drive, Tucson, AZ 85706-5041.

The Contractor shall collect and properly dispose of sensitive material/information in accordance with 36 CFR 1225 for On-Site Material Shredding Service in accordance with the specifications, terms and conditions of this solicitation. All work is to be performed in accordance with (IAW) federal, state and local laws and ordinances of the State of Arizona.

3.0 STATION INFORMATION:

3.1 HOURS OF OPERATION:

Work Hours: Services shall be performed Monday through Friday, 07:00 am to 12:00 pm.

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

Holidays: The following federal holidays are observed; however, circumstances may warrant approval for work on those days upon authorization. Additionally, any other day designated by Federal law, Executive Order, or presidential proclamation.

New Year's Day Martin Luther King Jr.'s Birthday Washington’s Birthday Memorial Day Juneteenth Day

Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day

Christmas Day

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday.

When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.

3.2 SMOKING POLICY:

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

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

3.3 SAFETY REQUIREMENTS:

The vendor shall comply with all local, state and federal laws and safety regulations.

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

3.4 WEAPONS, FIREARMS, AND AMMUNITION:

Vendor’s employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at VA Tucson CMOP.

3.5 FIRE PREVENTION AND SAFETY:

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

3.6 STANDARDS OF CONDUCT:

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

3.7 ILLEGAL SUBSTANCES:

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

4.0 OBJECTIVES:

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

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

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

2. Privacy Act of 1974, 5 USC 552a

3. Federal Records Act, 44 USC Chapter 31

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

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

6. VA Directive 6300, Records and Information Management

7. Contractor Rules of Behavior / See Appendix C

8. 36 CFR 1220.14 Subpart A, General Provisions, General Definitions

9. 36 CFR 1226.24, Destruction of Temporary Records (formerly 1228.58)

10. 44 USC 3302 § 1228.58 Destruction of Temporary Records

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

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

Contractor shall execute the terms of this contract in a manner that will safeguard the confidentiality of all materials and information exposed to at any of the facilities.

4.1 GENERAL:

Contractor shall be bonded and insured.

Material destruction will be performed off-site. Prospective contractors must specify where they intend to perform the destruction service in their bids. Once the contract is awarded any deviation in this MUST be approved by a contract modification prior to any changes.

Contractor shall provide a list of personnel and alternate personnel that will perform the work, in the event of regular scheduled personnel not able to perform work or are no longer employed with Contractor.

Contractor shall allow only individuals aged 18 or over, who have appropriate contractor identification, to assist with the shredding/removal.

Contractor’s employees must be identified with their name and company’s logo on the front of their uniform shirt. Contractor personnel involved in the handling and shredding of materials shall wear a contractor-provided, clearly readable identification badge that at a minimum state, the name of the employee and the company. Contractor personnel's clothes are to be clean and maintained in good repair.

Contractor will be required to provide a list of drivers that may be assigned to pick up the shredding at the Tucson CMOP facility. If there are any changes, the Tucson CMOP POC must be notified in advance of the pick-up.

Contractor shall be required to interrupt their work at any time so as not to interfere with the normal functioning at any facility, including utility services, fire protection systems, personnel, equipment and carts.

Contractor shall provide a written schedule of the days and times of anticipated performance at the facility listed in this contract. Contractor is required to perform shredding/pick-up on day agreeable to Tucson CMOP and the Contractor. Any changes to the schedule shall be approved in advance of the Contractor visiting the facility.

Contractor shall schedule the times during normal business hours, which are between 07:00 am to 12:00 pm, Federal holidays excluded.

The CMOP POC shall conduct an initial orientation to the facilities; however, thereafter the Contractor shall be responsible for conducting orientations to new Contractor employees. This will not relieve the Contractor's obligation to provide documentation of trustworthiness of new employees.

Contractor shall provide keys to the lockable containers in the appropriate size (Reference 4.7 ESTIMATED BINS) for the collection of the Materials intended for shredding and extra keys.

Containers shall be locked and the material unable to be retrieved once it is placed in the container unless it is unlocked by a Representative of the Department of Veterans Affairs or by the Contractor. Contractor shall maintain and service the containers on a regular basis, or as requested by Department of Veterans Affairs, Tucson CMOP POC.

Contractor may be accompanied by a VA employee to ensure that all containers are properly collected, sensitive information is being properly handled, and disposed of in accordance with all federal, state, and local regulations. At no time shall the contractor leave containers filled with confidential information unattended, i.e. hallways.

Contractor's vehicles used to perform this contract, shall be locked and the keys removed when not in use. Vehicle(s) shall be identified and parked in a predetermined location agreeable to both Tucson CMOP and the Contractor. It is the responsibility of the Contractor to ensure the contractor's vehicle(s) do not impede the requirements outlined herein.

Under no circumstances shall the contractor engage in arguments, etc. with employees, visitors, volunteers, etc. Contractor shall be pleasant at all times and if a concern arises, he/she shall contact the Tucson CMOP POC.

Contractor shall have a quality control program to assure the requirements of this contract are provided as specified.

4.2 MATERIAL DESTROYED OFFSITE:

Contractor shall be responsible for collecting the locked containers from designated staff at the facility and moving those containers to the Contractor’s vehicle. Contractor shall supply an equal number of empty containers in exchange for the full containers collected.

Contractor shall provide a written statement of assurance that all Materials intended for shredding will be completely destroyed and unreadable (Level 6/P-7). Contractor shall provide a Certificate of Destruction (COD) stating that all material has been destroyed within 72 hours of pickup. Any deviation in this MUST be approved by a contract modification prior to any changes.

The Privacy Officer (PO), Tucson CMOP POC, or his/her representative can be present to witness the material destruction process at the Contractor’s facility.

Contractor shall ensure that data on material being destroyed cannot be reconstructed (Level 6/P-7). If the material being shredded is paper, the final action shall be the blending of the destroyed material into a paper mash (pulping) product that can be used for recycling into new paper products.

All sensitive information shall be made unrecognizable, un-readable, and unreconstructible via shredding (Level 6/P-7). At no time shall contractor leave containers filled with confidential information left unattended, i.e. hallways.

The Privacy Officer (PO), Contractor Officer Representative (COR), or his/her representative can be present to witness the material destruction process at the Contractor’s facility.

4.3 REMOVAL:

Contractor shall coordinate with Tucson CMOP COR for scheduled weekly shredding service and removal. If requested for special pick-ups, contractor shall be required to report to the Tucson CMOP facility, when contacted to shred/destroy confidential information, no later than 36 hours after notification by the Tucson CMOP representative. The removal shall be between 7:00 am to 12:00 pm, except on Saturdays, Sundays, and Federal holidays.

The government shall not furnish equipment, supplies, transportation, and/or labor to effect removal of containers or HIPAA material contained within; all such equipment, supplies, transportation, and/or labor are to be furnished by the contractor.

The government shall not sort paper, remove paper clips, staples, rubber bands or any other fasteners from restricted information.

The Contractor shall provide the necessary recycling containers as requested for use in Government designated storage areas for the storage of the recyclable material accumulations prior to removal by the contractor. The COR shall be responsible for approving container styles and container location/placement.

At the time of each pickup, all material must be removed to the satisfaction of Tucson CMOP.

After materials are completely shredded/made unrecognizable, 100% of the paper shall be recycled. Contractor shall be responsible for disposing of all shredded material off-site at Contractor’s own expense. • Contractor shall do the first shred on site to the size of the refuse small enough that there is reasonable assurance in proportion to the data confidentiality that the data cannot be reconstructed. The final action shall be the blending of the shredded material into a paper mash (pulping) product that can be used for recycling into new paper products.

4.4 SERVICE/COLLECTION SCHEDULE:

For the first three months after contract implementation the Contractor shall monitor the usage on each container placed at the Tucson CMOP facility. Within 15 days after that period the Contractor shall provide a report to Tucson CMOP and the Contracting Officer detailing any suggestions regarding the placement, size or frequency of service.

• Pickups will occur weekly unless otherwise negotiated.

• If the contractor is unable to make a scheduled weekly collection an alternate collection must be made within two business days of the originally scheduled collection date unless otherwise approved by the Tucson CMOP POC.

• If a need arises, the Tucson CMOP may utilize additional bins under a separate CLIN from the monthly pickups. These bins will be used as needed only and the CMOP may not use any or all of the contracted quantity of extra bins.

4.5 REQUIREMENTS:

The Contractor shall provide a signed Business Associate Agreement (BAA) regarding Veteran Privacy to the CO.

4.6 RECEIPTS:

At the time of each removal, Tucson CMOP shall require the contractor or his/her authorized representative to sign a receipt in duplicate for HIPAA material removed. The receipt shall include the following information:

1. Signatures of contractor's representative and Tucson CMOP staff.

2. Number of containers, and type of materials.

3. Date of removal.

4.7 CERTIFICATE/RECORD OF DESTRUCTION:

Along with receipts, the Contractor shall furnish to Tucson CMOP a certificate and/or record of destruction that all confidential materials collected were properly destroyed in accordance with all applicable laws and regulations (such as Sarbanes-Oxley, HIPAA, and the FACTA Disposal Rule). Contractor shall furnish one copy of certificate of destruction to the Tucson CMOP POC prior to or at the time of invoicing. Removal receipts shall be furnished to Tucson CMOP when material is collected.

4.8 ESTIMATED BINS:

Contractor supplies secure locked bins with wheels capable of holding up to 350 pounds of material. Estimated weekly bins: 8 total (95-gallon bins)

4.9 LAWS AND ORDINANCES:

Contractor shall comply with all applicable laws, ordinances and regulations (Federal, state, city or otherwise) pertaining to the operations under the contract.

4.10 REPORTS:

Upon completion of any Shredding service, the Contractor shall provide a written report of the services rendered along with monthly invoice to be submitted.

At a minimum the report shall consist of the following information:

• Service location.

• Service date(s).

• Name of Government POC at service location.

• Destruction Certificate Document number

• Date of Destruction.

• Amount of shredded material (number of containers picked up and/or pounds shredded).

Any violation observed or encountered must be reported IMMEDIATELY to the Contracting Officer, advising the Department of Veterans Affairs of the violation.

Quality Assurance Surveillance Plan (QASP)

PERFORMANCE STANDARDS:

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

Inspections and Acceptance: The Department of VA, Tucson CMOP, will evaluate Contractor's performance using customer complaints, periodic on-site inspections, and may at the Government's discretion, inspect each task to verify conformance and acceptance prior to payment. The Department of VA, Tucson CMOP will also periodically evaluate Contractor's performance in accordance with the following Quality Assurance Surveillance Plan (QASP).

Performance Standard Performance Threshold

Overall Services. Timeliness and Professionalism

Tucson CMOP has 1 or less customer complaints for the month.

Shredding Services.

Protection of Privacy

Zero Tolerance.

Government Property Record. Accuracy and timeliness of destruction and recycling reports.

Tucson CMOP has 1 or less customer complaint in any 3-month period.

(A) Surveillance: Tucson CMOP may receive complaints from VA personnel and pass them to the Contracting Officer for correction.

(B) Standards: Tucson CMOP shall notify the contracting officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items or the appropriate Inspection of Services clause, if any of the above service areas exceed one customer complaints. The CO may consider complaints exceeding the standard as grounds for termination of the contract.

(C) Procedures: Any VA employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives should immediately contact the Tucson CMOP POC and CMOP will complete appropriate documentation to record the complaint. Tucson CMOP will consider the customer complaint valid upon receipt from the customer. Tucson CMOP should inform the customer of the approximate time in which the unacceptable performance will be corrected and advise the customer to contact CMOP POC, if not corrected. Contractor will be given twenty-four (24) hours after verbal notification to address the unacceptable performance. If the Contractor disagrees with the complaint after investigation and challenges the validity of the complaint, the Contractor will notify the Contracting Officer. The Contracting Officer will conduct an investigation to determine the validity of the complaint. If the Contracting Officer determines the complaint is invalid, he/she will document the written complaint of the findings and notify the customer. The Contracting Officer will retain documentation for his/her files.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

52.00 MO ___________ _______________

Secure shredding of patient information, confidential information classified as Health Portability and Accountability Act (HIPPA) Documents, PII, PHI, and confidential personnel information. Includes providing containers and off-site shredding to include providing certificates of destruction.

95 Gallon Locking Bin PLEASE NOTE: This is for 8 Bins

Ordering Period 1:

POP Begin: 01-30-2026 POP End: 01-29-2027

20.00 EA ___________ _______________

Additional 95-gallon capacity locking bin to be utilized on an as-needed basis only.

Ordering Period 1:

POP Begin: 01-30-2026 POP End: 01-29-2027 information classified as Health Portability and Accountability Act (HIPPA) Documents, PII, PHI, and confidential personnel information. Includes providing containers and off-site shredding to include providing certificates of destruction.

95 Gallon Locking Bin PLEASE NOTE: This is for 8 bins

Ordering Period 2:

POP Begin: 01-30-2027 POP End: 01-29-2028 as-needed basis only.

Ordering Period 2:

POP Begin: 01-30-2027 POP End: 01-29-2028 information classified as Health Portability and Accountability Act (HIPPA) Documents, PII, PHI, and confidential personnel information. Includes providing containers and off-site shredding to include providing certificates of destruction.

95 Gallon Locking Bin

PLEASE NOTE: This is for 8 bins

Ordering Period 3:

POP Begin: 01-30-2028 POP End: 01-29-2029 as-needed basis only.

Ordering Period 3:

POP Begin: 01-30-2028 POP End: 01-29-2029 information classified as Health Portability and Accountability Act (HIPPA) Documents, PII, PHI, and confidential personnel information. Includes providing containers and off-site shredding to include providing certificates of destruction.

95 Gallon Locking Bin PLEASE NOTE: This is for 8 bins

Ordering Period 4:

POP Begin: 01-30-2029 POP End: 01-29-2030 as-needed basis only.

Ordering Period 4:

POP Begin: 01-30-2029 POP End: 01-29-2030 information classified as Health Portability and Accountability Act (HIPPA) Documents, PII, PHI, and confidential personnel information. Includes providing containers and off-site shredding to include providing certificates of destruction.

95 Gallon Locking Bin PLEASE NOTE: This is for 8 bins

Ordering Period 5:

POP Begin: 01-30-2030 POP End: 01-29-2031 as-needed basis only.

Ordering Period 5:

POP Begin: 01-30-2030 POP End: 01-29-2031

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ALL SHIP TO: Department of Veterans Affairs VA CMOP Tucson 3675 E. Britannia Dr.

Tucson, AZ 85706 5041

USA

ALL 01/30/2026-

01/29/2031

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.223-10 WASTE REDUCTION PROGRAM MAY 2024

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

(End of Clause)

C.3 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 10 days.

(End of Clause)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a…