36C24119Q0042-001.docx

36C24119Q0042

OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL

BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SI

GN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGN

ATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR

LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

631-19-1-4813-0016 36C24119Q0042 11-09-2018

MERCEDES BLANTON

401-455-4904 11-22-2018

10AM

Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90c) 830 Chalkstone Avenue Providence RI 02908 Mercedes Blanton, (401) 455-4904 or Mercedes.Blanton@va.gov X X 562111 $38.5 Million X N/A X Department of Veterans Affairs VA Central Western Massachusetts Healthcare (Facilities 001-F) 421 North Main Street Leeds MA 01053 Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90c) Chalkstone Avenue Providence RI 02908

All invoices from the Contractor shall be submitted electronically as per VAAR Clause 852.232-72 Electronic Submission of Payment Request.

http://www.fsc.va.gov/einvoice.asp TX 78714-9971 1 (877) 353-9791 See CONTINUATION Page Contractor shall provide all equipment, labor, materials, apparatus, tools, transportation, supervision, permits, and disposal necessary to perform Solid Waste and Recylcing services at the VA Central Western Massachusetts Healthcare System located at 421 North Main Street, Leeds, MA, 01053 as identified in this Performance Work Statement (PWS).

Period of Performan ce:

Base Year: 12/01/218 - 12/02/2019 Option Year One (1): 12/03/2019 - 12/02/2020 Option Year Two (2): 12/03/2020 - 12/02/2021 Option Year Three (3): 12/03/2021 - 12/02/2022 Option Year Four (4): 12/03/2022 - 12/02/2023 Following Wage Determination 2015-4095, Rev. -9, dated 07/03/2018 at www.dwol/gov applies to this solicitation.

Email all quotes to Mercedes.Blanton@va.gov by due date.

See CONTINUATION Page 631-3690162-4813-856700-2543 0100C10Z2 X X 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:

b. GOVERNMENT: Contracting Officer 36C241 Mercedes Blanton Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90c) 830 Chalkstone Avenue Providence RI 02908

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

3. INVOICES: Invoices shall be submitted in arrears:

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

All invoices from the Contractor shall be submitted electronically as per VAAR Clause 852.232-72 Electronic Submission of Payment Request.

http://www.fsc.va.gov/einvoice.asp TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

Solid Waste and Recycling Service Contract VA Central Western Massachusetts Healthcare System (VA CWM) has a mandated goal to achieve a 50% or greater recycling rate across all medical centers. Currently, at the conclusion of FY17, VA CWM has a recycling rate of approximately 57%. As such, VA CWM is looking for solid waste service providers who can help assist in increasing this diversion rate. Bidders will be afforded the opportunity to conduct a site visit of the main campus and outpatient clinics to observe current waste management and recycling practices. It is the VA’s intent to allow each bidder to develop and submit a Recycling Plan that will help the VA manage waste in the most efficient, economical and best way possible to sustain a greater than 50% recycling rate.

The Contractor shall furnish all labor, materials, equipment, and expertise necessary to perform refuse removal and recycling services consisting of municipal solid waste (MSW) and recycling of numerous materials including but not limited to cardboard, metal, plastic, wood, yard waste, food waste, solid fill, wooden pallets and construction debris typical of healthcare, institutional, and office occupancy’s This service contract shall exclude regulated medical waste, pathological and anti-neoplastic (chemotherapeutic) waste, and hazardous waste for VA CWM.

The Contractor shall provide all equipment to include roll-offs, hazardous materials roll-offs, tip dumpsters, compactor units, guide rails, collection units, etc. to accomplish proper MSW and recycling removal.

For single stream recycling the Contractor shall provide all labor for segregating recyclable materials from MSW that ends up in the roll-offs, dumpsters, etc. to ensure all potentially recyclable materials are segregated, recycled, and diverted from landfills.

MSW, recycling, C&D waste and provide all equipment for waste removal service is required at the following sites:

1. Northampton Campus, 421 North Main Street, Leeds, MA, 01053

WORK STATEMENT/GENERAL SPECIFICATIONS:

A. This contract shall include a base year and four (4) option years. Option years will be exercised at the option of the VA Central Western Massachusetts Healthcare System.

B. Days of service exclude the following federal holidays: New Year's Day, Martin Luther King's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day and any other day that the President specifically declares a holiday. Contractor shall arrange in advance with the VA's Contracting Officer's Representative (COR) substitute refuse services for those scheduled services that fall on these federal holidays.

C. The VA reserves the rights to require refuse removal on days other than or in addition to those indicated in the pricing schedule, on Sundays, and holidays at the rates specified in the pricing schedule.

D. The contractor shall remove and dispose of refuse in a manner that shall not create or cause conditions detrimental to public health or that constitute a public nuisance. The contractor maintains full responsibility for compliance with all federal, state and local laws governing removal of waste materials. Special emphasis needs to be placed on ensuring that the loads removed are covered and secured in such a manner as to prevent accidental spillage during transport.

E. The contractor shall provide and utilize containers that are fully enclosed, rodent-proof, leak-proof, fire-retardant, clean and sanitized.

F. The contractor shall provide self-contained units with permanent hose couplings compatible with the city or town fire department's equipment in which the unit is located.

G. The contractor shall dispose of metal, wood, cardboard, plastic, construction debris, solid fill, yard waste and all such other waste that is capable of being recycled in such a manner that the items are in fact recycled. Certificates of Recycling/ LEED Certificate or an equivalent demonstrating that the material has been recycled shall be provided to the VA within 30 days of processing material.

H. The Contractor will work with VA personnel to develop a comprehensive recycling plan for the identified site. The Recycling Plan shall include at a minimum the following:

1. Identification of specific waste streams and collection methods.

2. Locations of specific waste stream containers and management/pickup frequencies.

3. Solid waste stream assessment (identification of waste stream components and percentages).

4. Opportunities for new recyclable waste streams and best management practices for collection/removal.

5. Employee training.

6. Signage for specific waste stream collection.

I. A meeting will take place between the Contractor and VA personnel every 6 months. Topics of discussion will include past performance, issues and concerns, a review and update (modification as needed) of the comprehensive recycling plan, to name a few. The Contractor will provide personnel with healthcare industry experience in waste minimization and implementing recycling programs to attend these meetings. The goal of VA CWM is to recycle as much material as possible. Here is a list of potentially recyclable materials. This list is not meant to be all-inclusive.

ABS Computer Trays ABS Plastic ABS Regrind Alum Scrap Asphalt Paving Asphalt Shingles Biotech Plastics Biotech Recyclables Blue Wrap Brick/Concrete Mix Bronze Bubble Wrap Bulk Plastics Business Mach Housin C & D Debris Cable Housing Cardboard Cores Carpet - N6 Carpet - N66 Carpet - PET Carpet - PP Carpet - WTE Ceiling Tiles Chipboard Circuit Boards/Pop Circuit Boards/UnPop Clothing Commingled Compact Disks Computer Electronics Computer Paper (Non-HIPPA) Concrete Copper Corrug/Mix Paper (Non-HIPPA) Corrugated Boxes

CPU

Crepe Paper CRT's Each Drums Electrical Meters

EPDM

EPS Foam EPS Foam/Food Relate Fiber Board Fiber Drums Film Plastics Flower Pots Foam Insul/Composite Foam Insul/EPS Foam Insul/ISO Foam Insul/XEPS Foam plastics Furniture Glass Bottles Glass Vials Glass, Brown Glass, Clear Plate Glass, Green Glass, Mixed Bottle Glass, Mixed Color Gypsum HDPE # 2 - Baled HDPE Containers HDPE Crate Grade HDPE Drums HDPE Milk Bottles HDPE Molders Waste HDPE Tanks/Trays HDPE Turnings HDPE/LDPE Film HH Debris HID Lamps Hospital PPE Hotel Recyclables Household Materials Industrial Mix Latex Foam LDPE Foam LDPE Plastics LDPE/PP/EPS Foam Light Bulbs/No Merc Light Iron Magazines Mattress Fluff Mattress Quilt Scrap Mattress Springs Mattresses Metal Metal Door Cutout Metal Drums Metal Fixtures Metal Framed Window Metal Machinery Metal Motors Metal Wire Spools Mixed C&E Mixed Drums Mixed Paper (Non-HIPPA) Mixed Plas Agg Mixed Wood Munip Plas #1-#7 Newspaper Nylon Regrind Obsolete Boxes Goods Ofc Cleanout Debris Ofc Partitions OR Plastics Other Lamps Outthrow Paper Files (Non-HIPPA) Paper Stock (Non-HIPPA) PC Eng Plastic PC Water Bottles PE Film Personal Computer PET Fluff/PVC PET Mylar Film PET Rolls PET Soda Bottles PET Strapping PET Trays PET/HDPE Plastic Pill Bottles (Non-HIPPA) Plastic Aggregate Plastic Film Plastic Housings Plastic Pallets Plastic Pipe Plastics #3-#7 Porcelain items PP - Rope PP #5 Film PP Foam PP Non-Woven PP Regrind PP Rigid PP Woven PS Rigid Plastic PS#6 - Rigid PUR Foam

PVC

PVC Flex Roof PVC IC Tubes PVC ID Cards PVC IV Bags PVC Scrap PVC Siding Retail Retail Carpet Square Retail Kiosks Rigid plastics Roof Ballast Rock Rubber Rubber Tires Sand/Agg Fines Single Stream Slate Shingles SMS Fabric Solder Dross Steel Cans Steel Disks Stumps/Brush Textiles Tires Titanium Chips Toner Cart TPO Membrane Baled Treated Wood Uph Furniture VHO Powergrooves White Goods White Goods W/Freon Windows Wire Wood Pallets Wood, misc.

Work Surfaces

J.

K. The following is a list of current waste streams from FY17 for VA CWM:

1. Solid Waste – 187.91 tons (landfilled)

2. Cardboard – 33.58 tons (recycled)

3. Comingled (Metal/plastic/glass containers) – 29.56 tons (recycled)

4. Pallets – 22.30 tons (re-used)

5. Construction Debris – 268.02 tons (recycled)

L. Monetary Recycling Credit. VA CWM understands the recycling market varies over time with respect to waste streams that have value rather than cost. The Contractor will furnish to the COR every six months a revised listing of all waste streams with credits reflecting increases or decreases. The listing will be broken out by waste stream and when feasible reference industry markets or demands citing increases or decreases.

M. Compactor Maintenance

1. The contractor shall maintain all compactors in proper operating condition according to the manufacturer's specifications. In the event of failure, the contractor shall respond to the maintenance request within 24 hours from the time the contractor is notified of any failure. Contractor will provide a 24-hour Emergency Number for the VA to call in the event of an emergency. If the contractor cannot repair the compactor(s) within 24 hours of notification, the contractor shall replace the self-contained unit associated with the inoperative compactor with a comparable size open-top container. In this event, unless the self-contained unit is full, the contractor shall not charge the VA for removal of the waste within the self-contained unit. Furthermore, upon repair of the compactor(s), the contractor shall not return the associated self-contained unit until the replacement open-top container is full and the VA requests its removal.

2. Only the contractor's experienced and qualified personnel shall repair and maintain the equipment. In addition, the contractor shall repair and maintain the equipment in accordance with manufacturer's specifications. There should be no charge to VA CWM for any repairs or maintenance on Contractor’s equipment unless such damage was due to negligence or vandalism on behalf of VA CWM.

3. Keys. All compactors and other equipment that require keys will be keyed alike throughout VA CWM. An adequate supply of keys will be provided to the COR upon request without additional charge.

N. Hydraulic Fluid. All hydraulic equipment shall utilize vegetable or other non-toxic environmental friendly fluid that will minimize impact to the environment. All incidents of leaking equipment will be reported to the COR without delay and without failure regardless of the size of the leak.

O. Roll-off Containers. Contractor shall provide additional roll-off containers as needed to support Internal VA CWM projects.

Lead paint debris is routinely generated from projects at VA CWM. Additional hazardous materials roll-off containers (20-yd, 30-yd, 40-yd poly-lined) may be necessary to support these projects. VA CWM will coordinate the sampling and subsequent Toxic Characteristic Leaching Procedure (TCLP) analysis via existing Network 1 Hazardous Waste Contract. Should the sample pass TCLP, waste can be transported to the contractor’s waste transfer facility for appropriate diversion. If the sample does not pass TCLP, the waste will need to be transported to a properly licensed Treatment, Storage, and Disposal Facility for proper management. All hazardous waste transport shall be coordinated via GEMS Program Manager utilizing the existing Network 1 hazardous waste contract.

P. Insurance

1. Worker's compensation. The contractor shall procure and maintain for the contract period worker's compensation and employee public liability insurance in accordance with the Laws of Massachusetts and at rates not less than the minimum rates established and prescribed by the Massachusetts Insurance Commission.

2. Liability and insurance coverage. The contractor shall be responsible for injuries or damage to persons or Government property caused by acts or omissions of the contractor or anyone in their employment while executing the contract. The contractor shall maintain personal liability and property damage insurance in accordance with the Laws of Massachusetts and at rates not less than the minimum rates established and prescribed by the Massachusetts Insurance Commission.

3. Evidence of coverage. After contract award but before commencing work, the contractor shall furnish to the contracting officer certificates of insurance indicating that the requisite insurance coverage has been obtained. Such coverage may not be changed or cancelled without written notice to the contracting officer.

Q. Licenses/permits. The Contractor shall obtain all necessary licenses and permits necessary to perform the work under the contract.

R. Documentation. Contractor will be required to supply monthly data to the COR and/ or GEMS Coordinator. This data will include (1) weight of waste picked up in VA CWM for the prior month, (2) the cost that VA CWM paid to the contractor for the prior month, (3) the amount of waste diverted toward recycling and applicable credits from recycling proceeds. All data will be broken down by campus (and outpatient clinic as applicable). All data will be broken down by disposed/recycled items (e.g. Solid Waste, Cardboard, Metal, Yard Waste, etc.) and shall be reported in pounds or tons. All data shall be submitted to the COR and/ or GEMS Coordinator by the 7th day of the following month. The COR and/ or GEMS Coordinator may provide a standard form to the contractor for the contractor to complete. Contractor will provide Certificates of Recycling or an equivalent to validate material sent for recycling. The data shall be emailed to the COR and GEMS Coordinator.

S. Invoicing. Vendor will submit one invoice per campus, monthly in arrears to the Financial Services Center in Austin, Texas. Invoice will include the dates of service performed during that month along with the number of containers pulled. Invoice format shall reflect and not deviate from the pricing cost quote submitted (sample provided below).

SAMPLE

VA CWM

March 2018 Line 01…8 CU YD self-contained unit for general trash located at Building #5 loading dock serviced on Wednesdays:

2/6 (891 lbs.)

2/13 (1,023 lbs.)

2/20 (999 lbs.)

2/27 (1,117 lbs.)

4,030 lbs. @ $.06/lb. = $241.80 T. Contractor will service all sites. There shall be one Contractor contact phone number for all sites. There shall be one Contractor representative who will function as contact person for all sites.

U. Contractor shall verbally inform the VA's COR of any cancellations or deviations from scheduled services. Contractor shall reschedule said services at a mutually agreed upon timeframe.

V. To avoid conditions detrimental to public health or that constitute a public nuisance, Contractor shall coordinate with VA's COR (at least 24 hours in advance) before removing any proprietary equipment from VA owned property during the entire period of performance of this contract. Full performance of this contract does not conclude until midnight on September 30 of the year indicated in the contract. Contractor shall ensure that safety precautions are taken when removing proprietary equipment that is electrically powered.

: Specific site requirements A. All Locations.

1. Noise Ordinance. No pickups will be made at any campus during noise restriction periods as set forth by the town/city in which the facility is being serviced. At the discretion of the COR, this requirement may be changed and made more restrictive based on complaints or concerns from the residential areas around the VA CWM sites.

2. At the time of service, the contractor shall recover and remove any debris, trash, or waste on VA grounds around the containers regardless of how it managed to get there.

A. NORTHAMPTON CAMPUS – The following are the current locations, container size and disposal frequencies at this campus.

Compactors & Dumpsters

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Solid Waste and Recycling Services

Contract Period: Base POP Begin: 12-03-2018 POP End: 12-02-2019

Solid Waste and Recycling Services

Contract Period: Option 1 POP Begin: 12-03-2019 POP End: 12-02-2020

Solid Waste and Recycling Services

Contract Period: Option 2 POP Begin: 12-03-2020 POP End: 12-02-2021

Solid Waste and Recycling Services

Contract Period: Option 3 POP Begin: 12-03-2021 POP End: 12-02-2022

Solid Waste and Recycling Services

Contract Period: Option 4 POP Begin: 12-03-2022 POP End: 12-02-2023

SECTION C - CONTRACT CLAUSES

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

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

C.1 52.252-2 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)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.3 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 15 days.

(End of Clause)

C.4 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

(End of Clause)

C.5 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.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes .

(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.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Massachusetts. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) (End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[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 2016) (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 (Jul 2013) (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] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

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

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

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

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

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

[] (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).

[X] (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 (MAR 2015) (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).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

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

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

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

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

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (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 (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (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).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 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) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

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

(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 (OCT 2015) (38 U.S.C. 4212).

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

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

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

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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 (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 (MAY 2014) (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 (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…