36C10E22Q0033_1.docx

36C10E22Q0033

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

VA

36C10E22Q0033 01-12-2022

GREGORY STEVENS

313-354-2194 01-26-2022

3 PM

EST

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

Washington DC 20006 X X 561621 $22 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Detroit Regional Office 477 Michigan Ave.

Detroit MI 48226 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006

All invoices must be submitted via the Tungsten Network website.

See CONTINUATION Page The contractor will provide PACS and IDS maintenance pursuant to the terms and conditions contained herein.

See CONTINUATION Page X X X Gregory Stevens

VA-VBA-2020-C7F3A1FC

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] quarterly

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted via the Tungsten Network.

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 Submission of Quote, pages 55 – 56;

· 52.212-3 Representations and Certifications on pages 61 – 78. (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 quotes, the offeror will be removed from further consideration for award.

d. This price evaluation preferences described in FAR 52.212-2 are for Service Disabled, Veteran-Owned Small Businesses and Veteran Owned Small Businesses. In order to be considered for price evaluation preference, 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 quotes. Offerors who are not VIP verified will not be considered for price evaluation preferences.

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

PACS and IDS Maintenance and Repair pursuant to the Statement of Work Contract Period: Base POP Begin: 03-01-2022 POP End: 02-28-2023 PRINCIPAL NAICS CODE: 561621 - Security Systems Services (except Locksmiths) PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

PACS and IDS Maintenance and Repair pursuant to the Statement of Work Contract Period: Option 1 POP Begin: 03-01-2023 POP End: 02-29-2024

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

PACS and IDS Maintenance and Repair pursuant to the Statement of Work Contract Period: Option 2 POP Begin: 03-01-2024 POP End: 02-28-2025

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

PACS and IDS Maintenance and Repair pursuant to the Statement of Work Contract Period: Option 3 POP Begin: 03-01-2025 POP End: 02-28-2026

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

PACS and IDS Maintenance and Repair pursuant to the Statement of Work Contract Period: Option 4 POP Begin: 03-01-2026 POP End: 02-28-2027

PRODUCT/SERVICE CODE: J063 - Maintenance, Repair, and Rebuilding of Equipment - Alarm, Signal, and Security Detection Systems

Statement of Work (SOW) Physical Access Control System (PACS) and Intrusion Detection System (IDS) Maintenance and Repair

Introduction: The Department of Veterans Affairs, Detroit Regional Office (VARODET) located at 477 Michigan Ave., Detroit MI, 48226, requires a base year plus four (4) option year contract for maintenance and repair services of the IDS and PACS system utilized by the Regional Office.

Scope: VARODET intends to enter into a Firm-Fixed Price (FFP) contract for maintenance and repair services to ensure the IDS and PACS system equipment continuously operate at optimal levels of performance. The IDS and PACS system equipment includes, but is not limited to, card readers, panic buttons, motion sensors, door contacts, control panels, workstations, etc. The maintenance and repair services are not limited to major pieces of equipment only but will also include all devices and components that are related to each system. This will include cabling and connections for communications or power between any of the equipment that ensures the proper function of the systems as designed. Cabling, connections, and battery replacement as required will be included in the FFP. The contractor will furnish all labor, tools, materials, transportation, equipment, and supervision necessary to perform all required on-site maintenance, repair, and database backups as required.

The Government’s regular (normal) working hours are 8:00AM to 4:00PM Monday through Friday, except for federal holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.

Some services are required outside normal working hours, and repair service response may be required from the contractor at any time twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year.

Description of Supplies/Services:

The system consists of the following equipment:

Z240 Lenel OnGuard Workstation L9K19UT#ABA 3.4GHz i7 1TB 8GB

FPO150-B100C8D8PE4M1

MCLASS™ UNIFIED POWER SYSTEM 150W 12/24VDC 8 DOORS

FPO150/250 - 2C82D8PE8M2

MCLASS™ UNIFIED POWER SYSTEM 250W 12/24VDC 16 DOORS

1076C-N

General Requirements:

The contractor will provide the following preventive maintenance services under this contract:

Provide preventative maintenance on a day mutually agreed to by the Government and the contractor for the devices indicated on the Equipment List in this Statement of Work. Services will be performed during the hours of 8:00AM and 4:00PM local time, Monday through Friday.

(a) four (4) quarterly preventative maintenance visits a year.

(b) four (4) times a year - Verify functionality of access control doors, duress/panic buttons and head end equipment, quarterly.

(c) four (4) times a year - Perform back up of the database and overall software maintenance and functionality, quarterly.

(d) Provide emergency repair after hours, on weekends, or holidays, if needed.

(e) 100 Hours of repair and maintenance at a fixed price. To be scheduled separately on an as needed basis.

(f) See detailed description of above items below:

The contractor will conduct an Inventory Assessment to determine the exact status and serviceability of the equipment and security system. This task must be coordinated with a VARODET representative and will be conducted during normal business hours.

The contractor will schedule and coordinate the initial Inventory Assessment to be conducted within five (5) calendar days of the start date of the base year and each option year.

Within ten (10) calendar days of the inspection date, the contractor will prepare and submit to the VARODET Point-of-Contact (POC) an Inventory Assessment report. This report will include a listing of equipment inventory and a written detailed analysis addressing the current status and health of the security equipment and security system. The contractor will officially certify this report as true and correct to the best of their knowledge, and thereafter this report will be updated as required (i.e. if equipment is replaced or additional equipment is added).

The contractor will perform quarterly preventive maintenance inspections of the security system during the base year and each option year of the contract. This maintenance inspection will include operational testing of the equipment. Preventative maintenance will include at a minimum, load testing of all power supplies and back-up batteries in all systems, cleaning and adjusting of equipment, checking equipment for loose mountings or connections, adjusting electric locks, etc.

The inspections will be performed during normal working hours, and they must be scheduled and coordinated with a VARODET representative. Within five (5) calendar days of the inspection date, the contractor will prepare and submit to the VARODET POC a report identifying any deficiencies and a timeline of corrective actions that will be taken.

The contractor will perform as part of its Preventative Maintenance, two (2) scheduled Controlled Power Outages per base year and each option year of the contract whereby the security system would be powered down in an orderly fashion in preparation for an extended power outage and then safely restored to full operation. Additional Controlled Power Outages per base year and each option year may be required, and the contractor will provide pricing for additional Controlled Power Outages beyond the included two (2) for the base year and each option year.

The Controlled Power Outages may need to be done outside normal working hours and must be scheduled and coordinated with the VARODET POC to ensure they can be present. Within five (5) calendar days of the performance date, the contractor will prepare and submit to the VARODET POC a report identifying any deficiencies and a timeline of corrective actions that will be taken.

Repairs:

The contractor will provide emergency and unscheduled repair service that includes inspecting and troubleshooting the security system equipment as appropriate in order to determine the cause of the problem(s) and actions needed to restore the system equipment. These actions include any maintenance and repair service necessary to restore the security system to optimal performance.

The contractor will prepare and submit a Repair Service Report to the VARODET POC within five (5) calendar days after completion of all repair work. The Repair Service Report should include at a minimum the name of the VARODET representative who contacted the contractor, the date and time contacted, the name of the Government representative who authorized the repair(s), the start and end date of the repair, a description of service rendered to correct the problem, and itemized cost estimate of contractor effort for performing repairs.

This contract includes 100 Hours of repair and maintenance at a fixed price that will be scheduled separately on an as needed basis.

Replacement of Equipment:

If emergency and unscheduled repair service is due to major/total component failure of equipment AND equipment is beyond its suggested life cycle, then the contractor will perform the following assessment:

Provide detailed written documentation that identifies the cause of the failure.

Demonstrate equipment is beyond its suggested life cycle and should be upgraded.

If the Government agrees with the contractor’s assessment, then the contractor will provide a suggested vendor list with an estimated replacement cost. Replacement equipment and/or components must be compatible with the C-Cure 9000 series and Software House technology as well as meet HSPD-12 and FIPS 201 federal requirements. Any replacement card readers must be similar to or like the RP40.

Requirement & Task Performance Standards Quality Standards:

The contractor will ensure all security system equipment continuously operates at an optimal level of performance. Optimal is defined as fully functional in accordance with the equipment manufacturer’s recommended maintenance requirements and/or repair services necessary for the overall security system to operate at its maximum level of capabilities. An optimal performance level may require the contractor to perform preventative maintenance, remedial maintenance, inspections, adjustments, tests, parts replacement, and/or repairs to security system equipment and related devices and components. It is the contractor’s responsibility to have familiarity with the security system equipment, the equipment manufacturer’s recommended maintenance requirements, and instructions pertaining to optimizing equipment performance and realizing the full capabilities of the equipment.

The contractor will be licensed by their home state’s licensing authority to perform all services specified in this SOW. All work will be performed by contractor personnel specifically qualified and trained to work on the specified equipment. Within 10 calendar days of the award date of the contract, the contractor will forward to the Contracting Officer and VARODET POC proof of all state licenses and any other certifications or documentation of qualifications of contractor personnel who will perform services under this contract. The contractor will be responsible for ensuring those employees' required licenses and certifications remain current. Any changes to personnel will be reported to the Contracting Officer in writing as they occur.

All work will be accomplished in conformance with the approved and accepted standards of the Security System trade industry; equipment manufacturers; local, state, and federal standards; all applicable building and safety codes; and the National Electrical Code. Corrective or repair/replacement work will be carried to completion, including operational checks and cleanup of the job site. Except where otherwise noted, replacements will match existing dimensions, finish, designs, and function.

Timeliness Standards In the event maintenance and/or repair services are required during non-business hours, the contractor will have an emergency service response system. The emergency service response system should be a professional manned telephone answering service. The system will have a robust message notification system with redundancy and backup notification and power failure protection.

Within four (4) hours of Government notification to the contractor emergency service response system, the contractor will respond in person to the work site and perform repair service. The four (4) hour response requirement may be lengthened at the discretion of the authorized VARODET representative requesting service. The contractor will complete all repairs within two (2) calendar days of the original notification. If the contractor cannot complete repairs within this time frame, then loaner equipment of equal or greater capability will be provided at no additional cost to the VARODET until repairs are completed.

The contractor will also perform repair service on any deficiencies or unsatisfactory items identified during routine Government inspections within (2) two business days of being notified.

The VARODET POC, upon written request from the contractor, may grant a time extension for any of the above circumstances.

Under no circumstance will contractor temporary loaner equipment be in use during the overlap of a Period of Performance (i.e. Base Year to Option Year 1, Option Year 1 to Option Year 2, etc.), and repairs to all equipment in accordance with the standards set forth in the SOW must be completed prior to the start of any option period.

Employee Identification: Contractor personnel will wear an identification badge that, at minimum, displays the company’s name, the employee’s photo, and employee’s name. Contractor personnel will comply with all VARODET rules and regulations while at the facility.

Period of Performance: Twelve (12) months from the date of award, with four (4) one year option periods.

Hours of Operation: All work will be completed during the site’s normal operating hours of 8:00AM to 4:00PM local time, Monday through Friday excluding federal holidays. Federal holidays are New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Payments: The VARODET will pay invoices in arrears on a quarterly basis.

Deliverable Schedule: Monday through Friday, 8:00AM-4:00PM local time, normal business hours, (except Federal holidays). Technical support to users is required Monday through Friday, 8:00AM-4:00PM local time. The normal duty day will consist of eight consecutive hours, performed Monday through Friday, 8:00AM-4:00PM local time with a one half hour (30 minute) lunch break. The contractor must be willing and able to adjust to these hours to support the VA’s mission. The contractor will submit all deliverables to VARODET POC at the following address: 477 Michigan Ave., Detroit, MI. 48226 Security: No security clearance will be required. Release of information generated by the Department of Veterans Affairs is prohibited without prior written consent of the Contracting Officer.

Homeland Security Presidential Directive-12 (HSPD-12) was issued to implement the policy of the United States to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy by establishing a mandatory, Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors (including contractor employees). Under this directive, the heads of executive departments and agencies are required to implement programs to ensure identification issued by their departments and agencies to Federal employees and contractors meets the standard. This policy can be found at the following website:

http://www.whitehouse.gov/news/releases/2004/08/20040827-8.html In performance of services under this task, contractor will insure all its personnel who require physical access to federal facilities and access to federally controlled information systems, have been issued identification in compliance with HSPD-12 policy. The contractor will comply with all HSPD-12 policy.

The contractor will comply with agency personal identity verification procedures that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The contractor will account for all forms of Government-provided identification issued to contractor employees under this contract. The contractor will return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the contractor employee’s employment.

(3) Upon contract completion or termination.

The Contracting Officer may delay final payment under a contract if the contractor fails to comply with these requirements.

Point of Contact: The VARODET POC is responsible for monitoring technical performance under this contract however, the VARODET POC has no express or apparent authority under the contract to make commitments on behalf of the Government.

B.2 DELIVERY SCHEDULE

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

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

C.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 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[NA] 852.209–70, Organizational Conflicts of Interest.

[NA] 852.211–70, Equipment Operation and Maintenance Manuals.

[NA] 852.214–71, Restrictions on Alternate Item(s).

[NA] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [NA] 852.214–73, Alternate Packaging and Packing.

[NA] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[NA] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[NA] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[NA] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[NA] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[NA] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[NA] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[NA] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[NA] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[NA] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[NA] 852.228–70, Bond Premium Adjustment.

[NA] 852.228–71, Indemnification and Insurance.

[NA] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[NA] 852.233–70, Protest Content/Alternative Dispute Resolution.

[NA] 852.233–71, Alternate Protest Procedure.

[NA] 852.237–70, Indemnification and Medical Liability Insurance.

[NA] 852.246–71, Rejected Goods.

[NA] 852.246–72, Frozen Processed Foods.

[NA] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[NA] 852.271–72, Time Spent by Counselee in Counseling Process.

[NA] 852.271–73, Use and Publication of Counseling Results.

[NA] 852.271–74, Inspection.

[NA] 852.271–75, Extension of Contract Period.

[NA] 852.273–70, Late Offers.

[NA] 852.273–71, Alternative Negotiation Techniques.

[NA] 852.273–72, Alternative Evaluation.

[NA] 852.273–73, Evaluation—Health-Care Resources.

[NA] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[NA] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 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.5 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.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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 2020) (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:

[NA] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (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. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

[NA] (ii) Alternate I (MAR 2020) of 52.219-3.

[NA] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[NA] (ii) Alternate I (MAR 2020) of 52.219-4.

[NA] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[NA] (ii) Alternate I (MAR 2020) of 52.219-6.

[NA] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[NA] (ii) Alternate I (MAR 2020) 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 (JUN 2020) (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 (JUN 2020) of 52.219–9.

[NA] (v) Alternate IV (JUN 2020) of 52.219–9.

[NA] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[NA] (ii) Alternate I (MAR 2020) of 52.219-13.

[NA] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[NA] (ii) Alternate I (MAR 2020) of 52.219-28.

[NA] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[NA] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[NA] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[NA] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[NA] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[NA] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[NA] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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] (36) 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] (37)(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] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[NA] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[NA] (40)(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] (41)(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] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[NA] (43)(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] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[NA] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[NA] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[NA] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[NA] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 II (JUL 2020) (DEVIATION) of 52.225-3.

[NA] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[NA] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 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] (52) 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] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[NA] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[NA] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[NA] (56) 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] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[NA] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[NA] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[NA] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[NA] (63)(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 acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[NA] (3) 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).

[NA] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[NA] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[NA] (6) 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] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[NA] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 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).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 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).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor…