36C10X20Q0195 Attachment A.pdf

RFQ 36C10X20Q0195

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

1. GENERAL INFORMATION

Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C10X20Q0195 Posted Date: 08/27/2020 Original Response Date: 09/04/2020 12:00 PM Eastern Current Response Date: 09/04/2020 12:00 PM Eastern Product or Service Code: U099 Set Aside: Unrestricted NAICS Code: 611430 – Professional and Management

Development Training is most appropriate for this requirement. Size standard is 12.0 million

Contracting Office Address Strategic Acquisition Center—Frederick (SAC-F) Department of Veterans Affairs 5202 President’s Court, Suite 103 Frederick, MD 21703

Description

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; “quotations” are being requested, and a written solicitation document will not be issued.

(ii) This solicitation is a request for quotations (RFQ) 36C10X20Q0195.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-03.

(iv) All Access Leadership Development Training Courses for VHA Employees

(v) This first page is to be removed upon award and replaced with a SF1449 and table of contents.

Questions are due by 12 PM EST, August 31, 2020. Any questions received after this date may not be answered.

Name and contact information for information regarding the solicitation:

Gary J. Ruc, Contract Specialist, Department of Veterans Affairs, SAC-F, Gary.Ruc@va.gov Wanda Y. Edwards, Contracting Officer, Department of Veterans Affairs, SAC-F, Wanda.Edwards@va.gov

All interested companies shall provide quotations for the following:

mailto:Gary.Ruc@va.gov mailto:Wanda.Edwards@va.gov

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 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

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

[ X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly, after completion of deliverables.

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.

U.S. Department of Veterans Affairs Financial Services Center

(see invoicing/payment instructions)

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

AMENDMENT NO DATE

DEPARTMENT OF VETERAN AFFAIRS

STRATEGIC ACQUISITION CENTER-FREDERICK

CONTRACTOR INSTRUCTIONS

TUNGSTEN OB10/IPPS ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Vendor Electronic Invoice Submission Methods:

COR (Contracting Officers Representative): TBD Contract/Task Order Number: TBD Purchase Order Number: TBD Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

• VA’s Electronic invoice presentment and payment system-The FSC uses a third-party Contractor, OB10, to transition vendors from paper to electronic invoice submission. Please see OB10 contact information below to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

• The X12 EDI Web site (http://www.x12.org).

Vendor e-invoice Set-up information:

Please contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below.

• OB10 e-Invoice setup information: 1-877-489-6135

• OB10 e-Invoice email: VA.Registration@ob10.com

• FSC e-Invoice contact information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov

• http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

• https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

• http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

• VAFSCFiscalSection101@va.gov or you can call 512-460-5401 mailto:VA.Registration@ob10.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily mailto:VAFSCFiscalSection101@va.gov

B.2 PERFORMANCE WORK STATEMENT

LEADERSHIP DEVELOPMENT TRAINING COURSES

1.0 INTRODUCTION:

Employee Education System (EES) Support Division requires products and services to teach a course to multiple Veterans Health Administration (VHA) staff, both in-person and in virtual formats that are instructor-led and self-directed, on-demand. Rather than having to purchase each course and its necessary materials separately, EES-Support Division requires unlimited access to a course catalog for over 300,000 employees and up to 40 VHA instructors. EES Support Division desires that each student be assigned a “slot” that would allow them to take any of the catalog courses when they have the availability to do so.

2.0 SCOPE:

The Contractor shall provide all resources necessary including supervision, management, equipment, labor, and material, for all deliverables described herein, except as otherwise specified below.

3.0 PERIOD OF PERFORMANCE

The period of performance shall be one year. Performance shall begin 10 calendar days after contract award.

4.0 PLACE OF PERFORMANCE

Upon request of the COR, Contractor facilitation support will be conducted in-person and/ or virtually. All other work will be conducted by trained VHA employees on site and via virtual means.

4.1 HOURS OF OPERATION

The business hours of operation are Monday through Friday, 8:00 AM to 4:30 PM excluding federal holidays. Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, four are set by date:

New Year's Day January 1 Independence Day July 4 Veterans Day November 11 Christmas Day December 25

If any of the above falls on a Saturday, then Friday shall be observed as a holiday.

Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November

4.2 CONTRACT TYPE:

This contract shall be a firm fixed price contract.

5.0 TRAVEL:

The Government anticipates minimal travel to perform the tasks associated with this effort.

See Attachment B for a list of possible travel destinations.

Travel costs will be directly reimbursed by the Government. No general and administrative (G&A) or overhead shall be allowed unless indicated so in the price schedule. Travel within a 50-mile radius of the contractor’s facility and government locations are considered “local travel” and will not be reimbursed. Travel to and from work is consider the cost of doing business and shall not be reimbursed. Contractor shall perform travel outside the local travel radius required to complete the requirements of this PWS as authorized, in advance, by the COR and funded by the government.

Travel costs will be paid in accordance with the Federal Acquisition Regulations (FAR) and Federal Travel Regulations (FTR) in effect at the time travel is taken. The government will reimburse contractor for all appropriate costs associated with official travel. Contractors performing official travel shall file a standard contract expense report (with receipts) upon completion of the travel.

6.0 TASK STATEMENT

6.1 The Contractor shall provide: all of VHA with unlimited access to their course catalog that provides various leadership and personal development based trainings that range from short five minute trainings to multiple day trainings; 1,000 facilitator kits (Instructor Material: Workbooks, CDs, Facilitator Guidebooks); 10,000 participant kits (Student Material: Workbooks, CDs, Participant Guidebooks); 30 (1-day) consultant service (expert facilitation of the contractors content, reinforcement coaching, and skill building);

5 (2-day) consultant services; 5 (3-day) consultant services, which are for face-to-face (F2F) or virtual Train the trainer courses.

6.2 Contractor facilitation support shall be provided to those organizations requiring Train-The-Trainer (TTT) support via face-to-face (F2F) or virtually. The Contractor shall:

a. Provide all required services at time of contract award or within 30 days for services that require scheduling, with no delays due to development.

b. Be able to offer each enrolled student all the course content at one basic per student fee. Once a student is enrolled in the contractors’ program, they must be able to use all the educational modalities in the program.

c. Prepare VHA instructors to teach courses and certify them to use the product, as Instructor-led courses will be taught by VA staff.

d. Provide VHA instructors the ability to purchase, via credit card or purchase order, course materials as independent purchases after the 12-month subscription ends.

e. Ensure online, self-directed courses be on-demand for 24 hours/7 days a week during the contract period to allow personnel to access content in alignment with the 24/7 schedule of a healthcare facility and as appropriate within their respective shift.

f. Provide an online tracking and reporting system that provides reports on what online courses have been completed by each learner.

g. Allow EES Support Division to have the ability to enroll students into the contractor’s program directly to allow them access to material.

h. Ensure courses are sorted by the competencies so that instructors can determine which courses address which competencies.

i. Provide suggested curricula of courses that can be taught together for students to learn a specific competency. For instance, a curriculum for a competency might include developmental assessments, on-demand online courses, instructor-led virtual courses, and instructor-led in-person courses that work together to teach a competency. This will allow instructors to use “ready-made” curriculum packages of different learning products without having to research what courses work together for a competency.

j. Provide consulting services/vendor support on how to use the educational products and technical support for problems that may arise for administrators, instructors, and students.

k. Ensure courses shall be based on adult learning principles, with heavy emphasis on student participation and active learning exercises.

l. Ensure courses include real-life examples to illustrate points. Any videos must teach principles, give real-life examples of concepts at work, and demonstrate how to implement the skills.

m. Allow the students and instructors to print their own handouts, workbooks, guides, and other materials required for the class.

n. Provide an option to purchase, via credit card, copies of ready-made handouts, workbooks, guides, and other materials required for the class when those are more feasible than printing our own.

o. Provide a comprehensive instructor guide and lesson plans that explain how to teach the course(s), gives timings for durations, provides an instructor script, and offers pictures of the slides that follow along with what is being taught in the lesson plan.

p. Ensure videos for instructor-led courses have at least 3 ways to access them:

a) Embedded videos in course PowerPoint slides

b) Online access to video files.

c) One set of DVDs’ for instructors to share when the other methods are not feasible.

q. Provide monthly usage and completion reports the first Friday of each month outlining the following elements for the month prior:

a. volume of participant access per VISN

b. frequently completed content

c. volume of administrative support

d. frequently asked questions and requests

e. additional service requests

f. VA instructor-led facilitation volume

6.3 REQUIREMENTS FOR COURSE MODALITIES AND FEATURES

6.3.1 On Demand, Online Courses

a. These shall be hosted on the contractor site and be online, asynchronous, and on demand for self-directed, independent learning by the student.

b. Shall include a wide variety of courses for leadership and personal development with various durations, including a substantial number that are less than 30 minutes in duration and some that are less than 60 minutes in duration. This is required to promote micro-learning for busy students and will allow us to tie self-directed learning to instructor-led courses.

c. Students shall have unlimited access to these courses during the contract period.

d. The contractor’s system shall provide reports on course completions.

e. Student shall have the ability to print job aids or handouts related to the concepts taught.

6.3.2 Instructor-led, Virtual Courses (Web-based)

a. Contractor must include all the materials, PowerPoint slides, handouts, workbooks, videos, polls, chat rooms, white boards, lesson plans, and any other instructional items required by the course on a pre-loaded virtual, online, instructor-led learning platform hosted on the contractor’s web site. An example would be a pre-loaded class on Adobe Connect that the virtual instructor would use to teach the course to virtual students.

b. Shall include course facilitation features that allow the instructor to move from each section of the course seamlessly, with slides, videos, and interactive activities, etc. moving automatically with each section.

c. Each virtual course shall use good adult-learning principles, including interactive activities and exercises that keep the student engaged with the instructor during the course and reduce distractions and student multi-tasking on non-course tasks. For most class activities, the instructor shall be able to determine who has submitted an activity during class so that they call on the student by name.

d. The Contractor shall host the virtual classrooms and provide a web link that the student and instructor can use to access it.

e. VA will provide phone numbers for the audio portion of the course.

f. Shall include versions that run from 2 – 8 hours in duration.

6.3.3 Instructor-led, In-person Courses

a. Contractor shall provide all the materials, slides, handouts, workbooks, videos, polls, chat rooms, white boards, instructor guides, lesson plans, and any other instructional items required by the course to be taught in-person.

b. Shall include optional durations for courses with fully functioning lesson plans for each length. The greatest need is for 1-day versions.

c. Each course shall use good adult-learning principles, including interactive activities and exercises.

6.3.4 Certification for Instructors (Facilitators)

a. Shall provide on demand, asynchronous online certification for instructors on all the courses offered by contractor.

b. Online certification should include video examples of instructors teaching the course.

c. Instructors shall be able to teach all the courses offered by the contractor on which they are certified on an unlimited basis during the contract period.

6.3.5 Developmental Assessments

a. Contractor shall provide online, on demand, developmental assessments that allow student to assess how well they are applying the course concepts. These must be available to take before and after the courses to measure progress and allow instructors to use the results during class.

6.4 Information Technology (IT) requirement

a. All software provided within this contract shall be hosted on a non-VA external site.

b. All software provided within this contract cannot require use of social security numbers as an identifier.

c. All software provided within this contract shall be compatible with VA firewall.

d. All software provided within this contract shall be compatible with VA systems.

e. All on demand training and web-based training must be 508 compliant.

6.5 Implementation Support

The contractor shall provide implementation support to work with the VHA client to:

a. Serve as Lead Administrator for the web-based architecture of the course catalog.

b. Identify clear, measurable success criteria at all levels of engagement.

c. Develop a learner and Designated Learning Officer (DLO) playbook for deployment of the solution, which is a guide describing the interaction and expectations between vendor and VHA DLO’s or Designated learning leaders.

d. Outreach to all facilities and divisions across the enterprise to ensure engagement and usage of this resource and content within the first 60 days of implementation.

e. Diagnose circumstances and determine the right combinations of content.

f. Map competencies specific to outcomes in alignment with VA’s strategic plan and priorities.

g. Provide templates and support for implementation to include learning journeys aligned to career path. For example, nurse managers, clinicians, voluntary service managers, etc.

h. Help orient facilitators to the platform and virtual certification.

i. Support completion of aforementioned monthly reporting outlining usage and value.

j. Lead quarterly and annual business reviews to review components of the monthly report, ensure alignment to strategy, highlight success and coordinate response to emerging issues and needs.

k. Build a business case to share with executives at the VISN and enterprise levels.

At a minimum the business shall include:

• Quarterly level 1-4 evaluation of user groups

• Quarterly customer satisfaction metrics

7.0 DELIVERY SCHEDULE

Task Deliverable Quantity Delivery Date

6.2.q Report on course completion Based on usage

Based on user completion

6.2.q Provide monthly usage reports 1 per month First workday of the month

6.1 Course Catalog (Access) Unlimited Within 10ays of

contract award.

6.1 Facilitator kits (instructor material) 1,000 Within 10ays of contract award

6.1 Participant kits (student material) 10,000 Within 10ays of contract award

6.1 (1-day) consultant service 30 Based on customer timelines

6.1 (2-day) consultant services 5 Based on customer timelines

6.1 (3-day) consultant services 5 Based on customer timelines

6.5 Business Case 1 Within 30 days of

contract expiration

8.0 Task Order Quality Assurance Surveillance Plan (QASP)

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which the work will be evaluated for compliance with the requirements of the contract.

The following assessment/inspection process will be conducted to determine if the contractor’s performance meets the performance standards contained in the contract.

Task Standards/AQLs Inspection Method Comments

6.1 Unlimited

Course Catalog Access

Ensure courses are available 24/7

AQL: 95% of the time

Usage reports, which allow day-to-day usage and completions

Performance will be documented annually as part of the contractor performance review in the Contractor Performance Assessment Reporting

(CPAR)

System

6.2 Facilitation

Support

Provide resolutions to problems as requested

AQL: 90% of the time

Random customer surveys will be provided to customers and include a question regarding support request. Survey results will provide insight on resolution to request ratio.

6.3 On

Demand, Online Courses

Ensure courses are available when needed

AQL: 99% of the include a question regarding availability. Survey results will provide insight on availability to request ratio.

6.3 Instructor-

led, Virtual Courses (Web-based)

Ensure course are available when needed

AQL: 99% of the include a question regarding availability. Survey results will provide insight on availability to request ratio.

6.5 Business

Case

Ensure Business Case reflects customer usage and completion

AQL: 99% of the time

Evaluation of Business Case that results in:

• Quarterly level 1-4 evaluation of user groups

• Quarterly customer satisfaction metrics

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 Report on Course Completion (Quantity Based on Usage) IAW PWS Section 6.2.q Delivery date is based on user completion Contract Period: Base

1 LT __________ __________

0002 Provide monthly usage reports (1 per month) IAW PWS Section 6.2.q Delivery date is the first workday of the month Contract Period: Base

12 EA __________ __________

0003 Course Catalog (Access) Quantity is unlimited, IAW PWS Section 6.1 Delivery date is within 10 days of contract award Contract Period: Base

1 LT __________ __________

0004 Facilitator kits (instructor material) IAW PWS Section 6.1 Delivery date is within 10 days of contract award Contract Period: Base

1000 EA __________ __________

0005 Participant kits (student material) IAW PWS Section 6.1 Delivery date is within 10 days of contract award Contract Period: Base

10,000 EA __________ __________

0006 (1-day) consultant service IAW PWS Section 6.1 Delivery is based on customer timelines Contract Period: Base

30 EA __________ __________

0007 (2-day) consultant services IAW PWS Section 6.1 Delivery is based on customer timelines Contract Period: Base

5 EA __________ __________

0008 (3-day) consultant services IAW PWS Section 6.1 Delivery is based on customer timelines Contract Period: Base

5 EA __________ __________

0009 Business Case IAW PWS Section 6.5 Delivery date is within 30 days of contract expiration Contract Period:

Base

1 EA __________ __________

0010 Travel

(OPTIONAL)

1 LT __________ __________

GRAND TOTAL ___________

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR

2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

C.2 FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS—REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision—

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Provision)

C.3 FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG

2020)

(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 89(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, 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:

_X__ (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).

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

___ (5) [Reserved]

_X__ (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

_X__ (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 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 (Nov 2016) 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 (Nov 2011) (15 U.S.C. 657f).

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

___ (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).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (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.

_X_ (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.

_X_ (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 Television (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) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (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 (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 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).

__ (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).

_X_ (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:

[Contracting Officer check as appropriate.]

___ (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).(Employee Class: 15090 Technical Instructor | Monetary Wage - Fringe Benefits: GS-7/$22.53);

___ (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) (E.O.

13658).

_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 (Jan 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O. 13627).

(xv) 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.)

(xvi) 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)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.4 FAR 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.5 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUN 2013)

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

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

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

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

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

(End of Clause)

C.6 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

C.7 FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR

PROPERTY DAMAGE (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor's vehicles or other equipment by, or the action of, the Contractor or the Contractor's employees and agents.

(b) The Contractor, at the Contractor's expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers' Compensation and other legally required insurance with respect to the Contractor's own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor's employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

(End of Clause)

C.8 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR/VAAR

Number Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC

(End of Addendum)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS

HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

C.11 IF APPLICABLE VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)

(DEVIATION)

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

(1) Means a small business concern:

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

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

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

(iv) The business has been verified for…