36C10E19Q0168-001.docx

36C10E19Q0168

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

36C10E19Q0168 05-10-2019

GREGORY STEVENS

313-471-3936 X2225 05-21-2019 4 pm 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 X X Y 484210 $27.5 Million X N/A X Department of Veterans Affairs Veterans Benefits Administration Detroit Regional Office 477 Michigan Ave.

Detroit MI 48226 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 on-call, intraoffice relocation services 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] pursuant to the terms in the Statement of Work

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--COMMERCIAL ITEMS, incorporated by reference;

· Instructions for Bid Submission, pages 47 – 48;

· 52.212-3 Representations and Certifications on page 50 – 66. (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 they shall be registered in the System for Award Management (SAM). 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 offeror is not registered in SAM at the due date and time for the submission of bids, the offeror will 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.

e. Any resultant contract, if awarded to an SDVOSB, will be subject to the Limitations on Subcontracting clause set forth in this solicitation. For the Government to determine the extent and viability of a contractor being able to comply with this clause, the Government will evaluate the degree to which a prospective offeror will utilize other than service-disabled veteran owned or veteran owned small business concerns in the performance of the contract. (see Instructions for Submission of Bid for further details)

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 PRICE/COST SCHEDULE & STATEMENT OF WORK

ITEM INFORMATION

Swing Phase 2

1 Relocate/dispose furniture and misc boxes/prop from floors 11 - 14 per VBARO POC (est. 150 pieces to dispose/store); provide packing supplies

2 Clean debris from floor of area to be renovated

ALL TRAVEL COSTS INCLUDED

Contract Period: Base POP Begin: 05-28-2019 POP End: 09-30-2019

Swing Phase 3

3 Relocate/dispose furniture and misc boxes/prop from floors 11 - 14 per VBARO POC (est. 150 pieces to dispose/store); provide packing supplies

4 Clean debris from floor of area to be renovated

ALL TRAVEL COSTS INCLUDED

Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

Swing Phase 4

5 Relocate/dispose furniture and misc boxes/prop from floors 11 - 14 per VBARO POC (est. 150 pieces to dispose/store); provide packing supplies

6 Clean debris from floor of area to be renovated

ALL TRAVEL COSTS INCLUDED

Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

Swing Phase 5

7 Relocate/dispose furniture and misc boxes/prop from floors 11 - 14 per VBARO POC (est. 150 pieces to dispose/store); provide packing supplies

8 Clean debris from floor of area to be renovated

ALL TRAVEL COSTS INCLUDED

Contract Period: Option 2 POP Begin: 10-01-2020 POP End: 09-30-2021

Swing Phase 6

9 Relocate/dispose furniture and misc boxes/prop from floors 11 - 14 per VBARO POC (est. 150 pieces to dispose/store); provide packing supplies

10 Clean debris from floor of area to be renovated

ALL TRAVEL COSTS INCLUDED

Contract Period: Option 2 POP Begin: 10-01-2020 POP End: 09-30-2021

STATEMENT OF WORK

The Veterans Benefits Administration’s Detroit Regional Office (VBARO), 477 Michigan Ave., Detroit, MI. 48226, has a requirement for professional office relocation services for an ongoing renovation project. On-call intraoffice move services are required for the duration of swing phases to clear and relocate furniture and boxes from floors 11, 12, 13 and 14 of the VBARO comprising a total square footage of 90,000 square feet.

The contractor shall be part of a construction team and shall follow the construction team’s schedule. The contractor shall work directly with the construction team and the primary VBARO point of contact (POC). The contractor shall provide an on-site supervisor whenever contractor personnel are on-site to perform work.

For all phases of the renovation project the freight elevator will be available on a first come, first serve basis. The use of passenger elevators will not be allowed. The dimensions of the freight elevator are as follows:

· Freight elevator door opening: 5’ W x 7’6” H (1.52mW x 2.28mL)

· Freight elevator Cab: 6’ x 4” W x 9’L x 8’6” H (1.93mW x 2.74mL x 2.59mH)

· Capacity: 6,000 lbs. (2720 Kg) The freight elevator is to be used to move disassembled furnishings to be retained and stored and for the removal of excess furniture/property and/or debris. Freight elevators have a lock-out function for uninterruptable transport of material. The contractor shall provide a dumpster and truck to be used for the removal of all excess property and/or debris from the 11th, 12th, 13th and 14th floors plus any open space or storage areas designated by the VBARO POC.

Please see the estimated schedule below outlining the duration of services required. Dates are subject to change as the project progresses, although overall duration should remain consistent. The contractor’s actual schedule shall be determined by the progress of the ongoing construction.

Estimated Schedule/Phases The contractor shall deliver the relocation services listed below. All dates are estimated. Contractor shall provide, in response to seven (7) days’ notice from the Government, the personnel necessary to complete each phase.

Swing Phase 2 (as directed by VBARO POC, the contractor shall move property from spaces to be renovated to storage areas or vice versa or dispose of property) Estimated Dates: May – September 2019

1. Relocate or dispose of furniture (excluding cubicles) and miscellaneous boxes/property as directed by VBARO POC from floors 11, 12, 13 and 14’s offices, open areas, and storage areas (estimated 150 pieces to be disposed or stored); provide ancillary packing supplies as needed.

1. In preparation for construction the contractor shall clean all debris from the floor of spaces to be renovated.

Swing Phase 3 (as directed by VBARO POC, the contractor shall move property from spaces to be renovated to storage areas or vice versa or dispose of property) Estimated Dates: October 2019 – April 2020

1. Relocate or dispose of furniture (excluding cubicles) and miscellaneous boxes/property as directed by VBARO POC from floors 11, 12, 13 and 14’s offices, open areas, and storage areas (estimated 150 pieces to be disposed or stored); provide ancillary packing supplies as needed.

1. In preparation for construction the contractor shall clean all debris from the floor of spaces to be renovated.

Swing Phase 4 (as directed by VBARO POC, the contractor shall move property from spaces to be renovated to storage areas or vice versa or dispose of property) Estimated Dates: May 2020 – September 2020

1. Relocate or dispose of furniture (excluding cubicles) and miscellaneous boxes/property as directed by VBARO POC from floors 11, 12, 13 and 14’s offices, open areas, and storage areas (estimated 150 pieces to be disposed or stored); provide ancillary packing supplies as needed.

1. In preparation for construction the contractor shall clean all debris from the floor of spaces to be renovated.

Swing Phase 5 (as directed by VBARO POC, the contractor shall move property from spaces to be renovated to storage areas or vice versa or dispose of property) Estimated Dates: October 2020- April 2021

1. Relocate or dispose of furniture (excluding cubicles) and miscellaneous boxes/property as directed by VBARO POC from floors 11, 12, 13 and 14’s offices, open areas, and storage areas (estimated 150 pieces to be disposed or stored); provide ancillary packing supplies as needed.

1. In preparation for construction the contractor shall clean all debris from the floor of spaces to be renovated.

Swing Phase 6 (as directed by VBARO POC, the contractor shall move property from spaces to be renovated to storage areas or vice versa or dispose of property) Estimated Dates: April 2021 – September 2021

1. Relocate or dispose of furniture (excluding cubicles) and miscellaneous boxes/property as directed by VBARO POC from floors 11, 12, 13 and 14’s offices, open areas, and storage areas (estimated 150 pieces to be disposed or stored); provide ancillary packing supplies as needed.

1. In preparation for construction the contractor shall clean all debris from the floor of spaces to be renovated.

Period of Performance

Swing Phases 2- 6 (Exact Dates TBD), are estimated to transpire over the contract period of performance listed below. However, option years may not be exercised if all swing phases are completed prior to the start of the next option year.

1. PERIOD OF PERFORMANCE:

0. Base: Swing Phase 2

0. May 28, 2019 – September 30, 2019

0. Option 1: Swing Phases 3 – 4

1. October 1, 2019 – September 30, 2020

0. Option 2: Swing Phases 5 – 6

2. October 1, 2020 – September 30, 2021

Specifications

i. Conditions Contractors shall be prepared to work under the following conditions:

· narrow hallways, stairs, and access routes into and out of building including loading dock;

· existing location of and intermittent access to freight elevators;

· any common condition in professional office space that may affect the execution of a move.

If furniture or other property at origin is already boxed the contactor shall move it in those boxes and the Government waives all right to claim damage on the contents of anything moved in boxes which cannot be inspected by the contractor.

Failure or neglect in becoming familiar with conditions at the VBARO shall not relieve the contractor from performing the services specified herein. Any existing damage to buildings and property will be noted by the participants on a pre-move walkthrough. A method of marking or noting existing damage shall be used, such as colored tape, a prepared list, or some other means selected by the VBARO POC. The contractor shall be financially responsible, as determined by VBARO POC, for any damage not previously noted which is caused because of the move. Note: The contractor shall verify freight elevator size during initial walkthrough of the building.

PLACE OF PERFORMANCE:

Department of Veterans Affairs McNamara Federal Building 477 Michigan Avenue, Detroit, MI 48226 Building hours are 8am until 5pm, although there can be some flexibility with building hours to complete moves in the most expeditious manner. This will be determined by the contractor and VBA POC.

Loading Dock Particulars Hours: 7:30 am – 3:00pm M-F 14’ Clearance; only a 40’ or shorter trailer will fit; no 53’ trucks allowed (The truck cannot exceed 40 ft. (12.19 meters) to navigate around staggered concrete barriers on the street approach to the dock entrance. The truck cannot exceed 12 feet, 10-inch (3.66 meters) high, which is the height of the shipping door. Availability in on a first come, first served basis. Not for private parking or storage.

ii. Moving Services The contractor shall perform all services required to remove existing office furniture (excluding cubicles), equipment, and related supplies (at times hereinafter called "property") from its existing location(s), transport the property to the designated areas within the new location and place them in accordance with the VBARO POC’s direction and timelines or contractor shall properly dispose (in compliance with all local, state and federal requirements) of excess furniture and/or property as designated by the VBARO POC.

The contractor shall provide an on-site supervisor for moves. The on-site supervisor shall be responsible for directing the daily activities of contractor employees. The on-site supervisor shall also be responsible for coordinating phases of the move with the VBARO POC daily.

The contractor shall be responsible for packing everything in each space being moved except for employees’ immediate work area. The contractor shall not be required to handle computer and hi-tech equipment. The contractor shall ensure lateral filing cabinets are moved with no more than the bottom drawer full. The contractor shall ensure boxes containing files are maintained in proper sequence as labelled by the Government however the contractor shall not be responsible for boxing the contents of filing cabinets. The VBARO POC will specifically indicate prior to the move or during pre-move walkthrough, areas the Government prefers to pack. In these instances, appropriate packing materials and labeling shall be provided by the contractor to the Government.

The contractor shall remove moving and packing materials from the premises once items are unpacked and placed in their final locations as directed by the VBARO POC.

iii. Disassembling, Reassembling, and Special Handling of Property The contractor shall disassemble property when necessary for safe and efficient transportation, as determined by the VBARO POC. The contractor shall reassemble property after transporting to the new location. The contractor will not be requested to disassemble or reassemble cubicles.

The Government will arrange to have electronic equipment disconnected and disassembled at origin then reconnected and reassembled at the destination.

iv. Materials and Equipment

The contractor shall furnish all packing containers and related supplies including boxes, crates, cartons, crating material, padding material, marking material, sealing tape, and color-coded marking tags. The contractor shall determine the number and size of packing containers to be utilized for relocations.

The contractor shall use materials and supplies that contain recovered environmentally preferable and bio-based products as feasible.

The contractor shall ensure supplies, materials and/or equipment shall be delivered to the VBARO far enough in advance of each move to guarantee timely start and completion of the move.

The contractor shall ensure all materials are of a quality sufficient to ensure protection of the property.

The contractor shall remove all padding, packing, empty containers, crating materials and related rubbish from the premises of the VBARO as directed by the VBARO POC. All contractor generated trash shall be removed by the contractor from both origin and destination locations the day of the move. The contractor shall remove empty containers within two (2) business days after the move date unless previous arrangements have been agreed to by the VBARO POC. The contractor shall also pick up all left behind packing materials for use in future moves.

The contractor shall furnish dollies, hand trucks, book-carts, typewriter/computer carts, and glass packing/cartons, and any other type of equipment commonly used for relocation services. The contractor shall ensure hand trucks, dollies and book carts have soft rubber wheels as no metal or hard rubber wheels shall be used in the performance of this contract.

v. Vehicles The contractor shall furnish clean and mechanically sound, closed-type vehicle(s) of sufficient size to accommodate all shipments and properly licensed personnel to operate such vehicle(s). The contractor shall ensure all vehicle(s) shall be in good repair and in compliance with all federal, state, and local laws and regulations for operation and that all vehicles shall be equipped sufficiently with clean pads, covers, and other protective equipment to ensure safe transit and delivery of property. The VBARO POC may reject any vehicle that is determined to be mechanically incapable of adequately protecting the government's property. However, failure to do so by the VBARO POC shall not release the contractor from liability and from any damage caused by usage of such. The contractor shall obtain necessary clearances or permits, if any, which may be required by the local municipality.

vi. Drivers The contractor shall ensure personnel are properly licensed and insured. The contractor is responsible for all traffic tickets, parking violations, fines or citations received.

vii. Scheduling and Protection

The contractor shall:

1. Make all arrangements for all services and facilities needed to accomplish the requirements of this Statement of Work. This may include, but is not limited to, elevator service, access to building, and parking and loading facilities. The contractor shall do this through the building owner/manager (General Services Administration) and/or the VBARO POC. The Government will not be liable for the contractor's failure to make adequate arrangements for any or all services and facilities needed for this contract.

2. Coordinate moving hours with the VBARO POC.

3. Obtain necessary clearances or permits, if any, which may be required by the local municipality for parking on streets during loading or unloading phases of the relocation.

4. Furnish padding, plywood, Masonite, heavy gage plastic and/or other protective material as directed by the VBARO POC for the protection of the interior of the buildings and floors. The freight elevator being used is unfinished and protected w/plywood. The contractor shall take care not to cause damage to the car, doors, and control panel. A walkthrough of the areas, stairwells, floors, and elevators will be conducted to record the condition before any moving takes place.

5. Transport filing equipment in an upright position with file cabinet drawers secured against opening by strapping or other means and use suitable padding between the cabinets to prevent rubbing or chafing.

6. Be responsible for the day-to-day inspection and monitoring of all contractor employee work performed to ensure compliance with the contract requirements. Provide daily status report to VBARO POC.

Deliverables The contractor shall deliver the following to the government in the performance of this contract:

i. Within 14 days of award, participate in a site walk-through, to facilitate completion of the required office relocation services described in this Statement of Work.

ii. Deliver commercial office relocation services by providing all planning, oversight, labor, materials, and equipment necessary to meet the requirements defined in this Statement of Work.

iii. Furnish all vehicles, insurance, fuel, driver, supervision, maintenance, equipment, and operating supplies/services, and perform all services necessary to provide office relocation services.

iv. Ensure that its firm and staff maintain any generally required professional certification, accreditation, license, and proficiency relative to their area of expertise. The contractor shall retain documentation of such records. The Government will not pay for expenses to meet this requirement

v. The contractor's on-site supervisor shall maintain a fully functional mobile cellular device to be used to communicate with the Government Construction Project Manager, VBARO POC, and other parties at any time during normal workday hours. Mobile telephone numbers shall be provided to the VBARO POC five (5) days after award. The contractor shall immediately notify the VBARO POC of any changes in any of these telephone numbers.

Security Requirements

Contractor personnel will not be subject to background investigations as they will be escorted/accompanied by VA personnel always while on site at the VBARO.

The contractor project manager and/or supervisor are responsible for the behavior and whereabouts of their employees while on site. The entire project team shall read and sign the VA’s Rules of Behavior (copy attached). These rules and regulations shall apply to the contractor and its employees while working on the premises.

The contractor shall be responsible for confining their employees/subcontractor employees to the designated project areas.

Asbestos Awareness Requirement

The Contractor shall sign an Asbestos Awareness Form. The contractor may review the building’s Asbestos Containing Materials report in the maintenance office before signing. The contractor must take all precautions necessary not to damage federal property.

Points of Contact To be provided upon award.

Invoicing Contractor may invoice after the following:

Base Period:

a. After Swing Phase 2 is started, 50% of amount of CLIN 0001; and

b. After Swing Phase 2 is completed, remaining amount of CLIN 0001.

Option Year 1:

c. After Swing Phase 3 is started, 50% of amount of CLIN 1001;

d. After Swing Phase 3 is completed, the remaining amount of CLIN 1001;

e. After Swing Phase 4 is started, 50% of amount of CLIN 1002; and

f. After Swing Phase 4 is completed, the remaining amount of CLIN 1002.

Option Year 2:

g. After Swing Phase 5 is started, 50% of amount of CLIN 2001;

h. After Swing Phase 5 is completed, the remaining amount of CLIN 2001;

i. After Swing Phase 6 is started, 50% of the amount of CLIN 2002; and

j. After Swing Phase 6 is completed, the remaining amount of CLIN 2002.

B.3 DELIVERY SCHEDULE

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

313-471-3936

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

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 three (3) years.

(End of Clause)

C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(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 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(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; and

(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 at the current website address provided in the contract.

(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).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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.7 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 Michigan. 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.8 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.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 2018) (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).

[X] (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 (Oct 2018) (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[NA] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (JAN 2017) of 52.219-9.

[NA] (v) Alternate IV (AUG 2018) 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)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[NA] (ii) Alternate I (FEB 1999) of 52.222-26.

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

[NA] (ii) Alternate I (JULY 2014) of 52.222-35.

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

[NA] (ii) Alternate I (JULY 2014) of 52.222-36.

[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 (JAN 2019) (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 (AUG 2018) (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 (Oct 2018) (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.

[NA] (iii) Alternate II (FEB 2006) 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…