36C10X22Q0183_1.docx

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

SET-ASIDE

Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

Dante Ruiz Dante.ruiz@va.gov Carey M. Kauzlarich Carey.Kauzlarich@va.gov

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C10X22Q0183.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-06, effective April 26, 2022, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/.

This Solicitation is being conducted as a tiered evaluation.

The tiers are defined as follows (See Evaluation Section for details):

Tier 1 - Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Tier 2 - Veteran-Owned Small Business (VOSB) Concerns Tier 3 - Small Business Concerns Tier 4 - Large Business Concerns

The North American Industrial Classification System (NAICS) Code is 813910 – Custom Business Associations Services, and the business size standard is $13.5 million.

All interested companies shall provide quotations for the following services:

· See Attachment A Questions Template

· See Attachment B, Facilities List

The contract resulting from this solicitation will be a Firm-Fixed Price contract.

The anticipated Period of Performance will be Base with four 12-month option periods.

Respondents are to quote Firm Fixed Prices for all line items on the B.3 Price Cost Schedule.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

Note: To receive an award resulting from this solicitation, respondents must be registered in the System for Award Management (SAM) database IAW FAR 52.212-(k). Registration may be done online at: www.acquisition.gov or www.sam.gov .

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 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:

3. INVOICES: Invoices shall be submitted in arrears:

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

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917 ACKNOWLEDGMENT OF AMENDMENTS: The respondent acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

Veterans’ Health Administration (VHA) Environmental Programs Service (EPS)

1.0 TITLE: Health care educational resources and professional/Institutional memberships

2.0 BACKGROUND

The Veterans’ Health Administration (VHA) is the largest integrated health care system in the United States, providing care at a network of health care facilities, including 171 Veterans Affairs (VA) Medical Centers and 1,113 outpatient sites of care of varying complexity (VHA outpatient clinics), serving more than 8.9 million Veterans each year. VHA has over 340,000 employees and amongst the many professions represented in the VA workforce are physicians, nurses, environmental technician, engineers, computer specialists, and attorneys. As advocates for veterans and their families, these employees are committed to providing the very best services with an attitude of caring and courtesy.

VHA has a continued need to provide access to health care information and data resources for its facilities and employees. The VA employs specialized health care professionals who must remain in the standard of healthcare treatment protocol to provide quality health care. An acquisition of memberships in an association of peers and experts providing development resources, group products and publications, specialize web sites and links to other health resources for VA facilities and employees will facilitate employees in maintaining currency.

The purpose of this contract is to provide VHA facilities and its professional employees with a variety of continuous educational webinars, certifications, professional development, specialized membership organizations, and effective group products related to the standard and treatment of healthcare. This is to ensure that all VA personnel: including, senior leadership, health care facility directors, and all clinical staff are well versed in various essential standards of care for our Nation’s Veterans.

3.0 SCOPE

The contractor shall provide an annual institutional membership for each VA hospital, medical center, medical and regional office center, and independent health care system or outpatient clinic; the domiciliary; each VISN director office; and the VHA Headquarters in VA Central Office.

The contractor shall administer certifications in health care management disciplines to include:

· Certified Materials & Resources Professional (CMRP)

· Certified Professional in Healthcare Risk Management (CPHRM)

· Healthcare Environmental Services Professional (CHESP)

· Certified Healthcare Facility Manager (CHFM)

· Certified Healthcare Constructor (CHC)

· Certified in Healthcare Human Resources (CHHR)

4.0 PERIOD OF PERFORMANCE

The Period of Performance (POP) will be a base period of 6 months, plus four 12 months option year periods,

5.0 PLACE OF PERFORMANCE

Tasks under this PWS shall primarily be performed through the VA Virtual environment or in VA facilities located in the Washington, DC area and across the nation. The contractor is not required to reside in the DC.

8.1 Ordering, Subscriptions, and Deliverable

Individual/ Personal Memberships within 6 separate professional group/ societies:

The contractor shall provide, to the VA on a quarterly basis, an easy-to-read report which will break-down each professional society/group membership totals. This report shall also include the individual’s name, location, month/year of joining, and date his or her membership expires (as available). This report is due by the 21st day of the month following the end of each respective quarter: July 21st, October 21st, January 21st and April 21st. The report provided on January 21st shall provide a yearly summary to include all information as required above as well as a grand total of all subscriptions billed to the VA for each professional group/society.

The VA shall receive 275 subscriptions for each professional society/group. The contractor shall provide all subscriptions for each group:

· PMG - American Society of Healthcare Engineering (ASHE)

· PMG- Association for the Healthcare Environment (AHE)

· PMG-Association for Healthcare Resource & Materials Management (AHRMM)

· PMG- American Society for Healthcare and Risk Management (ASHRM)

· PMG-The Society for Healthcare Strategy and Market Development (SHSMD)

· Institutional Associate Membership VHA

Each professional society / group membership shall include at least one individual membership aligned with each facility. In other words, there will be one membership from each of the five societies / professional groups assigned to each institutional / associate facility. Individual subscriptions may be transferred from one person to another at the VA’s convenience.

A. PMG (ASHE):

As members of this society, the facility program official responsible for Engineering Service, shall receive a variety of member benefits and communications such as or similar to:

· Resource Libraries

· Membership directories

· Career industry job boards

· Management monographs

· Access to SustainabilityRoadmap.org

· Advocacy and Regulatory Compliance

· Representation for regulatory needs

· Alerts for impending regulatory issues

· Webinars

· Advisory role on committees

· Various certifications to include:

· Certified Healthcare Facility Manager (CHFM)

· Certified Healthcare Constructor (CHC)

PMG (AHE):

As members of this society, the facility program official responsible for Environmental Management Service (EMS) will receive a variety of member benefits and communications such as or similar to:

· Online news communications

· Magazine subscriptions

· Webinars and videos/podcasts

· Various certifications to include:

· Certified Healthcare Environmental Services Technician (CHEST) Trainer the Trainer program,

· Certificate of Mastery in Infection Prevention (CMIP),

· Certified Technician in OR Cleaning

· Certificate of Mastery in Disinfection Methodologies

· Web boards on EMS issues

· Advisory role on committees

C. PMG (AHRMM):

As members of this society, the facility program official responsible for Acquisition and Materials Management Service will receive a variety of member benefits and communications such as or similar to:

· Webinars and on-demand recordings

· eLearning courses and publications

· Membership directories

· Mentor Programs

· Resource Libraries

· Certified Material & Resources Professional (CMRP)

· Advisory role on committees

D. PMG (SHSMD):

As members of this society, the facility program official responsible for “public affairs” or facility communications will receive a variety of member benefits and communications such as or similar to:

· Webcasts

· Essential information for healthcare strategists

· Development resources

· Access to discussion groups for peer sharing through topic-based discussion groups

· Advisory role on committees

E. PMG (ASHRM):

As members of this society, the facility program official responsible for facility risk management will receive a variety of member benefits and communications such as or similar to:

· Publications

· Membership directories

· Online risk management communities

· Access to websites

· Resource Libraries

· Certified Professional in Healthcare Risk Management (CPHRM)

· Advisory role on committees

Deliverables:

8.1.1 Quarterly Progress Reports – For all Personal Membership Groups

8.2. Institutional Memberships/Associated Memberships

Institutional Memberships encompasses hospitals and healthcare systems to ensure members’ perceptions and concerns are addressed through advocacy activities such as legislative and regulatory debates. The Institutional membership shall include many VA facilities, such as VA hospitals and medical centers, medical and regional office centers, independent health care systems and outpatient clinics, the domiciliary, VISN director offices, and the VHA Headquarters in VA Central Office. Those facilities not receiving an Institutional Membership shall receive an associate membership as noted in Attachment A- Facilities List As member of the Institutional/ Associate Membership those will receive a variety of member benefits and communications such as or similar to:

· Manuals

· Monographs

· Pamphlets

· Guides

· Journals

· News publications

· Brochures

The contractor shall maintain a spreadsheet or other report which identifies all facilities, their location, and a point of contact which receives the contractor’s deliverables. This report / spreadsheet is a semi-annual deliverable due to the VA COR/POC under this contract.

The COR/POC for the VA is responsible for notifying the contractor of new facilities which are eligible for deliverables as well as VA facilities which are closing.

Deliverables:

8.2.1 Quarterly Progress Reports – For all Institutional/ Associate Memberships

8.3 Library Services

The contractor shall provide: Document and literature services, visual aids, film services and resources catalog.

Deliverables:

8.3 Quarterly Progress Reports – For all for PMGs, Institutional, Associate Memberships

8.3.1 Institutes. Workshops, Conferences. Meetings

The contractor shall provide reduced or discounted rates to VA employees and VHA facilities to participate in institutes, workshops, conferences, and meetings.

Deliverables:

8.3.1 Quarterly Progress Reports – For all Institutional/ Associate Memberships/ PMGs

8.3.2 Web Site and Fax-On-Demand Services

The contractor will provide VA employees and VHA facilities to the Members section of the contractor web site, as well as fax-on-demand services.

Deliverables:

8.3.2 Quarterly Progress Reports – For all for PMGs, Institutional, Associate Memberships

8.3.3 Permits and Responsibilities

The contractor shall, obtaining any necessary licenses and permits, and for complying with any Federal, State, and Municipal laws, codes, and regulation applicable to the performance of this contract. The contractor shall also be responsible for all damages to persons or property that occurs as a result of the contractor’s fault or negligence.

Deliverables:

8.3.3 Quarterly Progress Reports – For all for PMGs, Institutional, Associate Memberships

9.0 DELIVERABLE SCHEDULE

Contractor will be paid yearly for completed deliverables accepted by the COR. Acceptability criteria are provided in the table below:

INDIVIDUAL/PERSONAL MEMBERSHIP GROUP (PMG) MEMBERSHIPS: The American Society for Healthcare Engineering (ASHE)

Member benefits shall include:

· Resource Libraries

· Membership directories

· Career industry job boards

· Management monographs

· Access to SustainabilityRoadmap.org

· Advocacy and Regulatory Compliance

· Representation for regulatory needs

· Alerts for impending regulatory issues

· Webinars

· Advisory role on committees

· Various certifications to include:

· Certified Healthcare Facility Manager (CHFM)

· Certified Healthcare Constructor (CHC)

following the end of each respective quarter: July 21st, October 21st, January 21st, April 21st.

INDIVIDUAL/PERSONAL MEMBERSHIP GROUP (PMG) MEMBERSHIPS:

Association for the Healthcare Environmental (AHE)

Member benefits shall include:

· Online news communications

· Magazine subscriptions

· Webinars and videos/podcasts

· Various certifications to include:

· Certified Healthcare Environmental Services Technician (CHEST) Trainer the Trainer program,

· Certificate of Mastery in Infection Prevention (CMIP),

· Certified Technician in OR Cleaning

· Certificate of Mastery in Disinfection Methodologies

· Web boards on EMS issues

· Advisory role on committees

INDIVIDUAL/PERSONAL MEMBERSHIP GROUP (PMG) MEMBERSHIPS:

Association for Healthcare Resource & Materials Management (AHRMM)

Member benefits shall include:

· Webinars and on-demand recordings

· eLearning courses and publications

· Membership directories

· Mentor Programs

· Resource Libraries

· Certified Material & Resources Professional (CMRP)

· Advisory role on committees

INDIVIDUAL/PERSONAL MEMBERSHIP GROUP (PMG) MEMBERSHIPS:

Society for Healthcare Strategy and Market Development (SHSMD) Member benefits shall include:

· Webcasts

· Essential information for healthcare strategists

· Development resources

· Access to discussion groups for peer sharing through topic-based discussion groups

· Advisory role on committees

INDIVIDUAL/PERSONAL MEMBERSHIP GROUP (PMG) MEMBERSHIPS:

American Society for Healthcare Risk Management (ASHRM)

Member benefits may include:

· Publications

· Membership directories

· Online risk management communities

· Access to websites

· Resource Libraries

· Certified Professional in Healthcare Risk Management (CPHRM)

· Advisory role on committees

Institutional/ Associate Membership:

VA hospitals and medical centers, medical and regional office centers, independent health care systems and outpatient clinics, the domiciliary, VISN director offices, and the VHA Headquarters in VA Central Office Member benefits shall include:

· Manuals

· Monographs

· Pamphlets

· Guides

· Journals

· News publications

· Brochures

following the end of each respective quarter: July 21st, October 21st, January 21st, April 21st.

following the end of each respective quarter: July 21st, October 21st, January 21st, April 21st.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Personal Membership Group - American Society of Healthcare Engineering (ASHE)

Contract Period: Base POP Begin: TBD POP End: 12-31-2022

PMG- Association for the Healthcare Environment (AHE)

PMG-Association for Healthcare Resource & Materials Management (AHRMM)

PMG- American Society for Healthcare and Risk Management (ASHRM)

PMG-The Society for Healthcare Strategy and Market Development (SHSMD)

Institutional Associate Membership VHA

Personal Membership Group - American Society of Healthcare Engineering (ASHE)

Contract Period: Option 1 POP Begin: 01-01-2023 POP End: 12-31-2023

PMG- Association for the Healthcare Environment (AHE)

PMG-Association for Healthcare Resource & Materials Management (AHRMM)

PMG- American Society for Healthcare and Risk Management (ASHRM)

PMG-The Society for Healthcare Strategy and Market Development (SHSMD)

Institutional Associate Membership VHA

Personal Membership Group - American Society of Healthcare Engineering (ASHE) Contract Period: Option 2 POP Begin: 01-01-2024 POP End: 12-31-2024

PMG- Association for the Healthcare Environment (AHE)

PMG-Association for Healthcare Resource & Materials Management (AHRMM)

PMG- American Society for Healthcare and Risk Management (ASHRM)

PMG-The Society for Healthcare Strategy and Market Development (SHSMD)

Institutional Associate Membership VHA

Personal Membership Group - American Society of Healthcare Engineering (ASHE) Contract Period: Option 3 POP Begin: 01-01-2025 POP End: 12-31-2025

PMG- Association for the Healthcare Environment (AHE)

PMG-Association for Healthcare Resource & Materials Management (AHRMM)

PMG- American Society for Healthcare and Risk Management (ASHRM)

PMG-The Society for Healthcare Strategy and Market Development (SHSMD)

Institutional Associate Membership VHA

Personal Membership Group - American Society of Healthcare Engineering (ASHE) Contract Period: Option 4 POP Begin: 01-01-2026 POP End: 12-31-2026

PMG- Association for the Healthcare Environment (AHE)

PMG-Association for Healthcare Resource & Materials Management (AHRMM)

PMG- American Society for Healthcare and Risk Management (ASHRM)

PMG-The Society for Healthcare Strategy and Market Development (SHSMD)

Institutional Associate Membership VHA

36C10X22Q0183

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SECTION C - CONTRACT CLAUSES

C.1 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.2 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.3 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.4 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.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 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.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 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.

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

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

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 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:

[] 852.237–74, Nondiscrimination in Service Delivery.

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

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: TBD at award based on respondent

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.7 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)

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(End of Addendum to 52.212-4) C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES- (MAY 2022)

(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 products and commercial services:

(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 Kapersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 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 products and commercial services:

[X] (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).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 & First-Tier Subcontract Awards (JUN 2020) (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 (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved].

[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

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

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (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 (NOV 2021) (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 (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (SEP 2021) of 52.219-9.

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

[ ] (ii) Alternate I (MAR 2020) of 52.219-13 [ ] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

[ ] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f) [X] (22) (i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28 [ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)) [ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (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).

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

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

[ ] (ii) Alternate I (JUL 2014) of 52.222-35 [X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (JUL 2014) of 52.222-36[X] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (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 (NOV 2021) (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).

[ ] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

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

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

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

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

[ ] (ii) Alternate I (JUN 2014) of 52.223-14 [ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[ ] (43)(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] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513) [ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) [ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693) [ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

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

[ ] (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (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 (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III [ ] (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 (FEB 2021) (E.O’.s, proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (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) [ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150) [ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150) [ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) [ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (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).

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

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

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

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

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.] [ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[ ] (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).

[ ] (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).

[ ] (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).

[ ] (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) [ ] (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) [ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[ ] (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, 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 products and commercial services. 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 (NOV 2021) (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, or 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (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).

(xii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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 Standards to Contracts for Certain Services – Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xx) 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)

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT A Questions Template

ATTACHMENT B Facilities List

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SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL…