36C10E20Q0061-001.docx

36C10E20Q0061

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

3920-000001 36C10E20Q0061 12-14-2019

KIMBERLY TOMASI

kimberly.tomasi@va.gov 12-23-2019 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W./ Room 540-D1 Washington

DC

20420 X X 561990 $12 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Human Resource Center 31 Hopkins Plaza, Suite 1610 Baltimore

MD

21201 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:

stacy.amara@va.gov kimberly.tomasi@va.gov

See CONTINUATION Page The contractor shall provide on-site confidential shredding services for the Department of Veterans Affairs, Veterans Benefits Administration, Human Resources Center, 31 Hopkins Plaza, Suite 1610, Baltimore, MD 21201, pursuant to the terms and conditions contained herein.

Please see secction B.2 - Statement of Work Please see section B.3 - Price/Cost Schedule.

"TIERED EVALUATIONS TO INCLUDE SMALL BUSINESS CONCERNS"

See CONTINUATION Page X X X

KIMBERL M. TOMASI

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10E Kimberly M. Tomasi Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W./ Room 540-D1 Washington DC 20420

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

3. INVOICES: Invoices shall be submitted in arrears:

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

All invoices must be emailed to:

stacy.amara@va.gov kimberly.tomasi@va.gov

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

Page 1 of Page 1 of

STATEMENT OF WORK (SOW)

CONFIDENTIAL ON-SITE SHREDDING SERVICES

HRC BALTIMORE, MD (392)

1. BACKGROUND

The Department of Veterans Affairs, (Veterans Benefits Administration – Human Resources Center), 31 Hopkins Plaza – Suite 1610, Baltimore, MD 21201 has a requirement for onsite confidential shredding services of paper documents in accordance with VA Directive 6371 including all appendices. The contractor shall provide monthly service and unscheduled services that may arise from time to time when VA is purging records. Contractor shall perform all on-site shredding services for its office located 31 Hopkins Plaza – Suite 1610, Baltimore, MD 21201

2. SCOPE OF WORK

The contractor shall provide all labor, personnel, equipment, supplies, secured vehicles, materials, supervision and other related services necessary to provide commercial document destruction services for the Department of Veterans Affairs, (Veterans Benefits Administration – Human Resources Center), 31 Hopkins Plaza – Suite 1610, Baltimore, MD 21201. Proposed contractor shall be HIPA compliant and meet all NIST standards and be in compliance with VA directive 6371. The Records Management Officer shall conduct an initial orientation to the facility; however, thereafter the Contractor shall be responsible for conducting orientations to new Contractor employees. This will not relieve the Contractor’s obligation to provide documentation of trustworthiness of new employees.

3. PLACE OF PERFORMANCE

Department of Veterans Affairs, (Veterans Benefits Administration – Human Resources Center), 31 Hopkins Plaza – Suite 1610, Baltimore, MD 21201.

4. PERIOD OF PERFORMANCE

Services shall be provided for a base period from January 1, 2020 through December 31, 2020, with four (4) one-year pre-priced option periods.

5. CONTRACT TYPE

Firm-Fixed Price

6. PERFORMANCE DETAILS: Monthly, on-site confidential shredding services for seven (4), 32-gallon bins for twelve (12) months. Total estimated number of bins per year is 48 bins. Invoice payments shall be for the exact number of bins shredded.

7. POINTS OF CONTACT

Note: The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract. In the event the Contractor makes any changes at the direction of any other person other than the CO, the change shall be considered to have been made without authority and the Contractor performs at its own risk. All questions concerning this contract shall be directed to the CO.

Station Point of Contact: Stacy Amara Phone: (410)-230-4400 ext. 2324 E-Mail: stacy.amara@va.gov

Contracting Officer: Kimberly M. Tomasi, Email: kimberly.tomasi@va.gov

8. GENERAL CONDITIONS

a. Contractor shall provide four (4), 4-wheeled, 32-gallon, locked security waste container(s) (top-loaded bins), as required without additional cost to the Government. Locks And keys provided by the contractor. Bins will remain property of the contractor.

b. Additional pickups may be scheduled by the RMO to meet mission demands as needed and should be included in the contractors bid.

c. Pickup schedule shall be coordinated with the Records Management Officer. Contractor shall provide a written schedule of the days and times of anticipated performance at the facility stated in this contract. Contractor is required to perform shredding/pickup on a day agreeable to both VA (Veterans Benefits Administration – Human Resources Center) and the contractor. Any changes to the schedule shall be approved in advance of the contractor visiting the facility. The contractor shall schedule the times during normal business hours, which are between 8:00 a.m. and 2:00 p.m. Monday through Friday with the exception of Federal Holidays.

d. The locations for the bulk containers are subject to change by the Government. The Government shall notify the contractor in writing, of location changes or adding of additional bins.

e. Contractor must have a National Association of Information Destructors (NAID) Certification.

9. WORK HOURS

Service for the facility shall be conducted during normal work hours (8:00 a.m. to 2:00 p.m.), Monday through Friday, with pick-up and shredding services monthly unless the date falls on a Federal Holiday.

10. SHREDDING SPECIFICATIONS

a. Under 36 C.F.R. 1228.58, paper records to be disposed of that do not contain sensitive information must be sold as wastepaper. However, if the records require special protection because they are national security classified or deemed confidential by statue such as the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996 (HIPPA), regulation, or VA policy, the wastepaper contractor must be required to wet pulp, macerate, chop, shred, or otherwise definitively destroy the information contained in the records so that it is not readable or re-constructible. The destruction of information must be witnessed by a Federal employee. Documented certification of destruction is to be provided to the VA that certifies complete destruction of the records. The contractor shall protect, safeguard, control, manage and destroy VA designated confidential documents complying with 6371 is dated April 8, 2014.

b. Contractor will ensure personally-identifiable information (PII) and other sensitive temporary records are handled in a secure manner. At a minimum, this contract shall require documentation that any contractor who will handle the records until final destruction is completed, is bonded, insured, National Association for Information Destruction (NAID) certified for paper/printed media destruction and can provide reasonable physical safeguards for the data throughout the destruction process.

c. Contractor must strictly comply with VA Directive 6371, Appendix A and the National Institute of Standards and Technology Special Publication (NIST SP) 800-88 which requires paper to be destroyed using cross cut shredders which produce particles that are 1x5 millimeters in size or to pulverize/disintegrate paper materials using disintegrator devices equipped with 3/32-inch security screen. Contractor must maintain full HIPA compliance at all times. Contractor shall meet or exceed all Federal, State, or local laws and regulations when dealing with protected material. Certificate of Destruction will be delivered to the VA Regional Office by either regular mail or email.

d. Contractor shall be bonded or be covered for Error and Omissions Insurance in the amount of at least $500,000.

11. SPECIFIC TASKS

a. Contractor shall pick up all bins located at Department of Veterans Affairs, (Veterans Benefits Administration – Human Resources Center), 31 Hopkins Plaza – Suite 1610, Baltimore, MD 21201. On-site destruction is required. The contractor shall maintain a chain of security/custody from pick-up to final destruction. Contractor to provide Government number of bins shredded prior to departing the facilities.

b. Contractor shall provide facility, pounds of shredded materials (monthly, quarterly, and/or annually as requested by the Records Management Officer.

c. Estimated weights provided by Government for document destruction are based on the best available information at the time of issuance of this solicitation. The Government does not guarantee these estimated weights to be factual. Containers less than 50% full at the time of dump shall be emptied at a reduced rate. (For example, two containers shall be counted as one).

d. Contractor shall deliver industry standard Certificates of Destruction for completed destruction.

12. NON-DISCLOSURE OF SENSITIVE INFORMATION

a. Contractor staff involved in this contract will have access to some privileged and confidential materials of the U.S. Government. These printed and electronic documents are for internal use only and remain the sole property of the U.S. Government. Some of the materials are protected by the Privacy Act of 1974 (Amended) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials, by any contractor or subcontracted staff, is a criminal offense. The contractor is responsible for actions of contract employees.

b. The contractor acknowledges that in the performance of this contract, the contractor will have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. The contractor agrees to safeguard these privileges and use the information exclusively in the performance of this contract. The contractor shall comply with applicable Government regulations regarding information document security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

13. INSPECTION

Representatives of the Government shall have the right to inspect the contractor’s and/or subcontractor’s facilities and operations provided for the performance of work under this agreement.

14. CONTRACTOR QUALITY CONTROL

a. The contractor shall develop and maintain quality control programs to ensure destruction services are performed in accordance with mandated specifications, regulations, and laws. The contractor shall develop and implement procedures to identify and prevent the occurrence of defective services. Contractor shall execute the terms of this contract in a manner that will safeguard the confidentiality of all documents and information.

b. The contractor shall not resell, in any form, any documents that have been destroyed.

15. CERTIFICATION OF DESTRUCTION

The contractor shall prepare and submit to the Records Management Officer, an original signed Certificate of Destruction for each pick-up for each site within five working days of each pick-up. The Contractor shall maintain proper records concerning each Certificate of Destruction issued.

The Certificate of Destruction shall at a minimum contain the following:

1. Pick-up/Delivery Location.

2. Pick-up/Delivery Date.

3. Name of Government Employee at Pick-up Location.

4. Amount of shredded waste (number of containers picked up and/or pounds shredded).

5. Destruction Certification Document Number.

6. Destruction Certification Date.

7. Any other information as determined necessary by the Records Management Officer.

16. CONTRACTOR PERSONNEL BADGES AND PARKING

a. The contractor shall provide the Records Management Officer with a list of contractor employees expected to enter the buildings to pick up confidential documents. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility. Contractor shall allow only individuals aged 18 or over, who have appropriate contractor identification to assist with the shredding/removal.

b. The contractor’s employees upon entrance into VA buildings will be escorted by a government employee at all times.

c. The contractor shall be required to comply with all security policies/requirements of the VA Regional Office, Baltimore, MD. All security policies/requirements must be met and employees cleared prior to the contractor performing work under this contract. There is no requirement to fingerprint employees of the vendor. However, employees who will be servicing this office will be required to sign the Rules of Behavior and complete the TMS Privacy training. HRC Baltimore will be required to keep track of vendor employees to ensure who ever arrives has completed all necessary requirements, if not they will not be given access to VA and complete shredding tasks. Employees that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract. TMS Training for contractor’s employees will be coordinated with the HRC Baltimore program office POC.

d. It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with the facility Records Management Officer.

e. Department of Veterans Affairs, (Veterans Benefits Administration – Human Resources Center), Baltimore, MD does not validate or make reimbursement for parking violations of the contract personnel under any circumstance.

17. QUALITY ASSURANCE SURVEILLANCE PLAN

The Government will receive and investigate complaints from various customers located at HRC Baltimore, MD office. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

18. CONFIDENTIALITY

All work is to be performed by competent personnel, experienced and qualified to provide services. Contractors shall keep all VA records and related information strictly confidential.

19. INVOICE/BILLING

Contractor will provide the VA Finance Department with a monthly invoice to include both a detailed invoice along with a destruction certification:

a. Monthly invoices of bins destroyed. Note: The Customer Service Representative provides a Certificate of Destruction after each shredding event. The invoice is sent monthly.

b. Date, time, and location service(s) were provided.

c. Invoice Number

d. Contract and Obligation Number. The Contract number will remain the same throughout the term of the contract, however, the obligation number shall change each year.

e. Total monthly charge(s) detailed and outlined.

20. HOLIDAYS

The Government observes the following holidays, also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday is observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. The offices will be closed on the holiday and therefore unavailable.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Estimated annual task order for paper shredding services.

Monthly on-site confidential document destruction/shredding service - four (4) standard 32-gallon locked containers per Statement of Work (SOW).

This is a bulk-funded order for shredding services, not to exceed $TBD. The amount obligated is based on MONTHLY emptying of an estimated 4 bins of paper shred material. The contractor shall only invoice for actual number of bins emptied MONTHLY. Final annual total will be reflected via a bilateral modification based on actual usage.

estimated 4 bins x $________________ per bin = $________________ x 12 months = $___________________ annual estimated cost

OPTION 1

Estimated annual task order for paper shredding services.

Monthly on-site confidential document destruction/shredding service - four (4) standard 32-gallon locked containers per Statement of Work (SOW).

This is a bulk-funded order for shredding services, not to exceed $TBD. The amount obligated is based on MONTHLY emptying of an estimated 4 bins of paper shred material. The contractor shall only invoice for actual number of bins emptied MONTHLY. Final annual total will be reflected via a bilateral modification based on actual usage.

OPTION 2

Monthly on-site confidential document destruction/shredding service - four (4) standard 32-gallon locked containers per Statement of Work (SOW).

This is a bulk-funded order for shredding services, not to exceed $TBD. The amount obligated is based on MONTHLY emptying of an estimated 4 bins of paper shred material. The contractor shall only invoice for actual number of bins emptied MONTHLY. Final annual total will be reflected via a bilateral modification based on actual usage.

OPTION 3

Monthly on-site confidential document destruction/shredding service - four (4) standard 32-gallon locked containers per Statement of Work (SOW).

This is a bulk-funded order for shredding services, not to exceed $TBD. The amount obligated is based on MONTHLY emptying of an estimated 4 bins of paper shred material. The contractor shall only invoice for actual number of bins emptied MONTHLY. Final annual total will be reflected via a bilateral modification based on actual usage.

OPTION 4

Monthly on-site confidential document destruction/shredding service - four (4) standard 32-gallon locked containers per Statement of Work (SOW).

This is a bulk-funded order for shredding services, not to exceed $TBD. The amount obligated is based on MONTHLY emptying of an estimated 4 bins of paper shred material. The contractor shall only invoice for actual number of bins emptied MONTHLY. Final annual total will be reflected via a bilateral modification based on actual usage.

B.3 DELIVERY SCHEDULE

HUMAN RESOURCE CENTER - BALTIMORE

31 HOPKINS PLAZA, SUITE 1610

BALTIMORE, MD 21201

USA

1.00

410-230-4400 EXT 2324

staey.amara@va.gov

HUMAN RESOURCE CENTER - BALTIMORE

31 HOPKINS PLAZA, SUITE 1610

BALTIMORE, MD 21201

1.00

HUMAN RESOURCE CENTER - BALTIMORE

31 HOPKINS PLAZA, SUITE 1610

BALTIMORE, MD 21201

1.00

HUMAN RESOURCE CENTER - BALTIMORE

31 HOPKINS PLAZA, SUITE 1610

BALTIMORE, MD 21201

1.00

HUMAN RESOURCE CENTER - BALTIMORE

31 HOPKINS PLAZA, SUITE 1610

BALTIMORE, MD 21201

1.00

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 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) 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 SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total 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 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.7 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.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 (OCT 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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

[] (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).

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

[] (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.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

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

[] (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).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

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

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

[] (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).

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

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

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

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

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

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

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

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

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

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

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (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)).

[] (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)).

[] (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).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2019) (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).

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

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

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

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

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

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

[] (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).

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

[] (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.)

[] (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.)

[] (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.)

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

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

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

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

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

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

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

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

[] (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) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (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).

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

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

[] (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.

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

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

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

[] (48) 52.225–5, Trade Agreements (OCT 2019) (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).

[] (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).

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

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

[] (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)).

[] (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).

[] (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).

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

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (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).

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

[] (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 acquisitions of commercial items:

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

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (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).

[] (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).

[] (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).

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

(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 Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 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.