36C10E18Q9439-001.docx

36C10E18Q9439

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA

36C10E18Q9439 08-21-2018

GREG STEVENS

313-471-3936 08-31-2018

3 PM

00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 X X 561990 $11 Million X N/A X Department of Veterans Affairs Veterans Benefits Administration Chicago Regional Office 2122 W. Taylor St.

Chicago IL 60612 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006

All invoices must be emailed to:

gregory.stevens@va.gov

See CONTINUATION Page The Contractor shall provide shredding services as described herein to the Chicago Regional Office of the Veterans Benefits Administration pursuant to the terms and conditions contained herein.

See CONTINUATION Page X X Gregory Stevens Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: Name: ___________________________________________

Address: _________________________________________

City, State, Zip: ___________________________________

Telephone Number: ________________________________

Fax Number: _____________________________________

DUNS: __________________________________________

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management, or

[NA] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [NA]

b. Semi-Annually [NA]

c. Other [X] monthly

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted via email to the following address:

gregory.stevens@va.gov

5. SUBMISSION OF OFFER:

a. Offerors shall complete Blocks 17, and 30 of SF 1449, the Contract Administration Data on Page 3, and the Price/Cost Schedule listed on Pages 6 – 7.

b. Offerors shall also complete and return all information designated in:

· 52.212-1, INSTRUCTIONS TO OFFERORS (INCORPORATED BY REFERENCE);

· Instructions for Submission of Bid, pages 48 – 49;

· 52.212-3 Representations and Certifications on page 51 – 67. (Representations and Certifications need not be completed if offeror completed them at the online site www.SAM.gov)

The information/documentation listed above in sections 5 a-b must be returned prior to the date and time specified in Block 8 of SF 1449 in order to be considered for award. Offers will only be received via email sent to gregory.stevens@va.gov The Simplified Acquisition Procedures of FAR Subpart 12.6 and 13.5 are being used to conduct this procurement.

c. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror may be removed from further consideration for award.

d. This procurement is set-aside 100% for Service Disabled, Veteran-Owned Small Businesses. In order to be considered for award, Offerors shall have a valid, current registration at the VA’s Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov/) at the due date and time for the submission of bids. Offerors who are not VIP verified will be rejected as non-responsive.

6. BASIS FOR AWARD: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

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

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE AND STATEMENT OF WORK

ITEM INFORMATION

Pursuant to Statement of Work - provide nine (9) 96 gallon, lockable, wheeled upright bins for the collection of paper and other non-paper materials;

empty biweekly and shred contents (9 bins X 26 weeks = 234 containers) Contract Period: Base POP Begin: 10-01-2018 POP End: 09-30-2019

Pursuant to Statement of Work - provide nine (9) 96 gallon, lockable, wheeled empty biweekly and shred contents (9 bins X 26 weeks = 234 containers) Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

Pursuant to Statement of Work - provide nine (9) 96 gallon, lockable, wheeled empty biweekly and shred contents (9 bins X 26 weeks = 234 containers) Contract Period: Option 2 POP Begin: 10-01-2020 POP End: 09-30-2021

Pursuant to Statement of Work - provide nine (9) 96 gallon, lockable, wheeled empty biweekly and shred contents (9 bins X 26 weeks = 234 containers) Contract Period: Option 3 POP Begin: 10-01-2021 POP End: 09-30-2022

Pursuant to Statement of Work - provide nine (9) 96 gallon, lockable, wheeled empty biweekly and shred contents (9 bins X 26 weeks = 234 containers) Contract Period: Option 4 POP Begin: 10-01-2022 POP End: 09-30-2023

STATEMENT OF WORK

The Department of Veterans Affairs, Veterans Benefits Administration (VBA), Chicago Regional Office, 2122 W. Taylor, Chicago, IL 60612, has a requirement for shredding services. The Contractor shall collect and properly dispose of sensitive material/information in accordance with the specifications, terms and conditions of this Statement of Work for a period of one (1) year to commence on or about October 1, 2018 through September 30, 2019, with four (4) one-year option periods to be exercised at the sole discretion of the government. The Contractor shall provide all labor, equipment (including wheeled shred bin containers), supervision, and management to provide on-site material shredding of personally identifiable information that consists of hard copy media, paper, floppy disks, computer drives, tapes, microfilm, microfiche, audiotapes, videotapes, CD's, DVD's, Mylar, stored data, disks and diskettes, and other similar items containing personal, confidential, and proprietary information. The Contractor’s destruction techniques shall include shredding, pulverization, disintegration, purging, pulping and incineration in accordance with all National Association for Information Destruction (NAID) standards as well as all federal, state and local laws and ordinances. The Contractor shall provide biweekly, service on Wednesdays between 7 am and 12 pm local time plus unscheduled services that may arise from time to time as directed by the Contracting Officer or their designated representative.

OBJECTIVES

This is a Firm Fixed Price Services contract to shred, destroy and dispose of materials with Personally Identifiable Information (PII) and other sensitive HIPAA related materials from the Veterans Benefits Administration including papers, folders, media storage (compact discs, hard drives, floppy discs, microfilm, tape cassettes, and other recording tapes).

The Contractor shall ensure the legal, proper safe-keeping and physical destruction of shred material in accordance with:

1. VA Directive 6371, Destruction of Temporary Paper Records

1. Privacy Act of 1974, 5 USC 552a

1. Federal Records Act, 44 USC Chapter 31

1. VA Directive 6300, Records and Information Management

1. Contractor Rules of Behavior

1. VA Directive 6500, Information Security Program

1. VA Handbook 6500.1, Electronic Media Sanitization

1. 36 CFR 1220.14 Subpart A, General Provisions, General Definitions

1. 36 CFR 1226.24, Destruction of Temporary Records (formerly 1228.58)

1. 44 USC 3302 § 1228.58 Destruction of Temporary Records

1. 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 insure government agencies protect the privacy of individuals and businesses with regard to information held by them. The Contractor shall execute the terms of this contract in a manner that will safeguard the confidentiality of all materials and information exposed to Contractor personnel in performance of this contract.

GENERAL

The Contractor shall be National Association for Information Destruction (NAID) certified, bonded and insured.

The Contractor shall conduct all shredding on-site at the VBA Chicago Regional Office utilizing mobile shredding vehicle(s) capable of shredding all types of material on-site to a shred size in conformance with the NAID standard of 5/8-inch by 1/2-inch cross cuts or smaller.

The Contractor shall shred paper and other medium such as floppy disks, computer drives, tapes, microfilm, microfiche, audiotapes, videotapes, CD's, DVD's, Mylar, stored data, disks & diskettes, and other similar items containing personal, confidential, and proprietary information. The Contractor shall ensure all shredding shall be crosscut, performed hands-free and on-site at the Chicago Regional Office utilizing a mobile shredding truck. The Contractor shall utilize high speed mobile shredding trucks, which will have a camera for viewing the material being shred/destroyed. The Contractor shall ensure all material shredded under this contract can be witnessed by the VBA Privacy Officer (PO) or the VBA Records Management Specialist or their designated representative.

The Contractor shall provide locking, wheeled shred bin containers in the quantity and size referenced in this contract for the collection of materials intended for shredding. The Contractor shall ensure all containers shall be locked and the material unable to be retrieved once it is placed in the container unless it is unlocked by the VBA Privacy Officer or the VBA Records Management Specialist or their representative or by the Contractor solely at the direction of the VBA Privacy Officer or the VBA Records Management Specialist or their designee. The Contractor shall maintain and service the containers pursuant to the Schedule of Services contained herein. The Contractor shall be responsible for collecting the containers from predetermined locations at the Chicago Regional Office and moving the containers from a holding area to the Contractor’s vehicle for on-site destruction. Contractor personnel are expected to come inside the Chicago Regional Office through the dock and retrieve the shred bins from a permanent staging area near the dock door. The Contractor shall then return the empty containers to the same location after the shredding process is complete.

Contractor personnel involved in the actual handling and shredding of materials shall have a VA, low-risk background check to work under this contract. The Contracting Officer will not authorize Contractor personnel to begin work on this contract until Contractor personnel have had their fingerprints electronically captured by the VA, received a favorable fingerprint report, submitted all VA required background investigation documents and have a VA background check favorably completed or in process.

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

Upon completion of destruction the Contractor shall provide a Certificate of Destruction to the VA Privacy Officer and/or Records Management Specialist or their designee. The Contractor shall ensure the Certificate of Destruction is identical to or contains the same information or more than that on the sample Certificate of Destruction attached hereto. The Contractor shall ensure all materials intended for shredding are destroyed and unreadable utilizing the Contractor’s on-site, crosscut shredding device. The Contractor shall provide written assurance that all data is destroyed on site at the Chicago Regional Office and nothing is removed from the Chicago Regional Office site before it is shredded.

When onsite at the Chicago Regional Office, Contractor’s employees shall be uniformed with their name and company logo clearly identifiable. The Contractor shall ensure Contractor personnel’s clothes are clean and maintained in good repair. The Contractor shall be required to interrupt their work at any time so as not to interfere with the normal functioning at the Chicago Regional Office. Examples of potential interruptions which the Contractor shall accommodate are utility service interruptions, fire protection system alerts, and VA personnel, equipment and carts.

The Contractor shall perform shredding/pick-up each week on Wednesday between 7:00 a.m. and 12:00 p.m. Chicago local time, federal holidays excluded.

The VBA Records Management Specialist shall conduct an initial orientation tour of the facilities for the Contractor. Thereafter the Contractor shall be responsible for conducting orientations to new Contractor employees.

The Contractor's vehicles used to perform this contract shall be locked and the keys removed when not in use. The Contractor’s vehicle(s) shall be identified and parked in a predetermined location designated by the VBA Privacy Officer or Records Management Specialist.

The Contractor shall place the required collection containers in the Loading Dock Hallway at 2122 W. Taylor Street, Chicago, Illinois 60612.

The Contractor shall conduct all shredding on-site and in accordance with NAID standards.

The Contractor shall report to the ‘Deliveries and Docking area’ of the Veterans Benefits Administration, Chicago Regional Office located on Ogden Street behind the 2122 W Taylor Street location, Chicago, Illinois to sign-in using name, date, and time reported; collect visitor badge(s), and receive appropriate instructions prior to accomplishing the collection and destruction of sensitive information via cross-shredding. The Contractor shall ensure all shredding is accomplished at the government facility. Under no circumstances shall the Contractor permit shred material to leave the government facility prior to shredding. Upon completion of work, the Contractor shall return visitor badge(s), and sign-out using name, date, and time departed.

At no time shall the Contractor leave containers filled with material to be shredded unattended, i.e. in hallways. Contractor personnel shall conduct themselves in a professional demeanor always and shall immediately contact the Contracting Officer with any questions, concerns, problems, etc. It is the responsibility of the Contractor to ensure the Contractor's vehicle and shred mechanisms are operational and do not impede the requirements outlined herein.

The 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. Should Contractor personnel disagree with the direction and/or representation of any on-site VA personnel the Contractor personnel shall contact the Contracting Officer immediately. Contractor personnel shall not perform any work outside the scope of this contract unless a written contract modification has been created by the Contracting Officer and signed by both the Contracting Officer and an authorized Contractor representative.

REMOVAL

For unscheduled pickups, the Contractor shall report to the Chicago Regional Office no later than 36 hours after request for an unscheduled pickup by the Contracting Officer or their designated representative. The removal shall be between 7 a.m., and 12 p.m., except on Saturdays, Sundays, and federal holidays. The Government shall not furnish equipment, supplies, transportation, and/or labor to effect scheduled or unscheduled removal; all such equipment, supplies, transportation, and/or labor shall 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 for use in Government designated storage areas in sufficient quantities for the storage of the recyclable materials prior to removal by the Contractor. The VBA Records Management Specialist shall be responsible for ensuring containers provided by the Contractor meet the requirements of the contract. After materials are completely shredded/made unrecognizable, the Contractor shall ensure 100% of the paper shall be recycled. The Contractor shall be responsible for disposing of all shredded material off-site at Contractor’s own expense.

For the first three months after contract implementation the Contractor shall monitor the usage on each container placed at the VA. Within 15 days after that period the Contractor shall provide a report to the Privacy Officer (PO), the Records Management Specialist and the Contracting Officer detailing any suggestions regarding the placement, size or frequency of service.

RECEIPTS

At the time of each biweekly pick up the Contractor personnel performing the work shall sign a receipt in triplicate for property removed. The Privacy Officer or Records Management Specialist or their designee shall furnish the Contractor one copy of the receipt. The receipt shall include the following information:

1. Signatures of Contractor personnel and the VBA Privacy Officer or Records Management Specialist or their designee.

2. Number of containers emptied, estimated weight, and type of materials; and

3. Date of removal.

CERTIFICATE/RECORD OF DESTRUCTION

Along with receipts and at the time of shredding, the Contractor shall furnish to the Privacy Officer or Records Management Specialist or their designee a certificate and/or record of destruction that all confidential materials collected were properly destroyed in accordance with all applicable laws and regulations. The Certificate of Destruction shall meet or exceed the contents of the sample Certificate of Destruction attached herein.

ESTIMATED WEIGHTS

Estimated weights of the government materials are based on the best available Government information. The Government does not guarantee these estimated weights. Estimate weight is 300 pounds per 96 gallon wheeled shred bin container.

Estimated Monthly Pounds: 9 containers x 300 lbs. = 2700 lbs. x two scheduled pickups per month = 5400 lbs.

Estimated Annual Total: 5400 lbs. x 12 months = 64,800 lbs.

Bins: 9

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 Veterans Affairs, Veterans Benefits Administration, Chicago Regional Office 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 Veterans Affairs, Veterans Benefits Administration, Chicago Regional Office will also periodically evaluate Contractor's performance in accordance with the following Quality Assurance Surveillance Plan:

Shredding Services.

Protection of Privacy Zero Tolerance.

(A) Surveillance: The Privacy Officer or Records Management Specialist can receive complaints from VA personnel and pass them to the Contracting Officer for review.

(B) Standards: The Privacy Officer or Records Management Specialist 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 (1) customer complaint. The Contacting Officer may consider complaints more than the standard as grounds for termination of the contract.

Procedures: The Contractor shall have 24 hours after verbal notification by the Contracting Officer to address any unacceptable performance. If the Contractor disagrees with the complaint and challenges the validity of the complaint, the Contractor shall notify the Contracting Officer. The Contracting Officer will investigate to determine the validity of the complaint and notify the Contractor of the results.

REPORT

Upon completion of any Shredding Service and within ten (10) business days after such service, the Contractor shall provide a written report of the services rendered to the Contracting Officer or their designee At a minimum the report shall consist of the following information:

· Service location.

· Service date(s).

· Name of Government Representative present during service

· Destruction Certificate Document number

· Date of Destruction Certification.

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

HOLIDAYS

The following federal holidays are observed:

And any other holiday proclaimed by the President as a Federal Holiday.

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.

POINT OF CONTACT (POC):

36C10E18Q9439 The Contracting Officer shall a primary point of contact at the Chicago Regional Office for the Contractor.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

C.1 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 30 days.

(End of Clause)

C.2 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 60 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.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “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).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.6 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Illinois. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[NA] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[NA] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[NA] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[NA] (5) [Reserved] [NA] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[NA] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[NA] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[NA] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[NA] (10) [Reserved] [NA] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[NA] (ii) Alternate I (NOV 2011) of 52.219-3.

[NA] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[NA] (ii) Alternate I (JAN 2011) of 52.219-4.

[NA] (13) [Reserved] [NA] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[NA] (ii) Alternate I (NOV 2011).

[NA] (iii) Alternate II (NOV 2011).

[NA] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[NA] (ii) Alternate I (Oct 1995) of 52.219-7.

[NA] (iii) Alternate II (Mar 2004) of 52.219-7.

[NA] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[NA] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[NA] (ii) Alternate I (NOV 2016) of 52.219-9.

[NA] (iii) Alternate II (NOV 2016) of 52.219-9.

[NA] (iv) Alternate III (NOV 2016) of 52.219-9.

[NA] (v) Alternate IV (NOV 2016) of 52.219-9.

[NA] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[NA] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[NA] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[NA] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[NA] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[NA] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[NA] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[NA] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[NA] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[NA] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[NA] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[NA] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[NA] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[NA] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[NA] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[NA] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[NA] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (OCT 2015) of 52.223-13.

[NA] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (JUN 2014) of 52.223-14.

[NA] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[NA] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [NA] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[NA] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[NA] (ii) Alternate I (JAN 2017) of 52.224-3.

[NA] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[NA] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[NA] (ii) Alternate I (MAY 2014) of 52.225-3.

[NA] (iii) Alternate II (MAY 2014) of 52.225-3.

[NA] (iv) Alternate III (MAY 2014) of 52.225-3.

[NA] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[NA] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[NA] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[NA] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[NA] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[NA] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[NA] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[NA] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[NA] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[NA] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[NA] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[NA] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[NA] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[NA] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[NA] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[NA] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[NA] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the…