36C24120Q0469.docx

36C24120Q0469

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTA

CHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE 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

650-21-1-4815-0001 36C24120Q0469 08-26-2020

MERCEDES BLANTON

401-455-4904 09-10-2020

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 Y 562112 $41.5 Million N/A X Department of Veterans Affairs Providence VA Medical Center + facilites Environmental Mgmt. Service (138C) 830 Chalkstone Avenue Providence RI 02908 Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90c) 830 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

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Contractor shall provide all equipment, labor, materials, apparatus, tools, t ransportation, supervision, permits, and disposal necessary to perform regulated medical waste and sharp removal services at the Providence VA Medical Center and related facilities as identified in the Performance Work Statement (PWS).

Period of Performance:

Base Year: 10/01/2020 - 09/30/2021 Option Year One (1): 10/01/2021 - 09/30/2022 Option Year Two (2): 10/01/2022 - 09/30/2023 Option Year Three (3): 10/01/2023 - 09/30/2024 Option Year Four (4): 10/01/ 2024 -

09/30/2025 The following Wage Determinations apply to the base period of performance, 2015-4045, Rev. 14, dated 12/23/2019, 2015-4063, Rev. 14, dated 04/28/20, 2015-4083, Rev. 13, dated 04/13/20, 2015-4089, Rev. 13, dated 04/13/20.

All q uotes shall be email to Mercedes Blanton, at Mercedes.Blanton@va.gov on or before the due date and time.

See CONTINUATION Page 650-3610162-4815-856700-2542 0100C10Z4 X X Mercedes Blanton

VA-VHA-SAOE-2016-70627244

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

REGULATED MEDICAL WASTE DISPOSAL / REUSABLE SHARPS CONTAINERS

A. GENERAL:

Regulated Medical Waste (RMW) means a special category of solid waste (including solid, semisolid, or liquid materials) that includes specific types of medical waste which includes, but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials. The Contractor shall provide removal and disposal services for the VA Medical Center Providence, RI, and three Community Based Outpatient Clinics (CBOC).

1. VA Medical Center, 830 Chalkstone Avenue, Providence, RI 02908

2. Middletown CBOC, West Main Road at Northgate Road, Middletown, RI 02842

3. New Bedford CBOC, 175 Elm Street, New Bedford, MA 02740

4. Hyannis CBOC, 233 Stevens Street, Hyannis, MA 02601

B. WORK HOURS:

1. Normal Work Hours: for pickups are 8;00AM Thru 4:00PM

2. National Holidays: The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

C. SPECIFICATIONS, GENERAL:

1. The contractor shall make every effort to incorporate GREEN processes into their operation. Examples of such processes are:

a. Recycling and/or reuse of plastic containers;

b. Use of “waste to energy incinerators” for the destruction medical waste; and

c. Recycling of the actual regulated medical waste through innovative state of the art technologies.

2. The contractor shall be familiar with and shall follow the appropriate state regulations (i.e., 105 CMR 480.000 for the New Bedford and Hyannis CBOCs, and 250-RICR-140-15-1 for the VA Medical Center Providence and the Middletown CBOC) for the proper management and disposal of Regulated Medical Waste.

3. The contractor shall furnish appropriate containers, pick-up, and provide for disposal of RMW. Pickups will be scheduled based on the frequencies listed in paragraph B.1. If quantity increases, pick-ups shall be adjusted accordingly. Pick-ups will be made from Building 1 between the hours of 8:00AM AND 4:00 PM on Monday, Wednesday, and Friday).

4. Contractor provided plastic containers shall be leak-proof, stackable, sealable, transportable, and shall display the universal biohazard symbol. All containers shall always be damage free and in good working order .

5. Contractor will remove full containers and replace them with an equal number of empty sanitized containers. Sanitizing shall be completed off grounds.

6. The contractor shall provide all sharp containers, mounting brackets, carts for interim storage and transport enough to meet the VA Providence RI requirements. The brackets and carts will be capable of holding any of the different size containers for use in all areas of the facility including, Wards, Clinics, Operating Room, Hemodialysis, and the three Community Based Outpatient Clinics as outlined in paragraph 1. Contractor shall provide service to collect each individual sharp container in the main hospital and replace with a new container. The products must meet all state, federal, OSHA and DOT regulations for collection, storage and transport of medical waste/sharps. All mobile carts and bulk transport carts must always have wheels and be in clean and be of good repair. Minimum requirements for all reusable sharp containers are as follows

a. Reusable

b. Puncture Proof

c. Pre-assembled

d. Leak-proof

e. Overfill protection

f. Lockable

g. Multiple sizes

7. Prior to departing the designated facility, the contractor will ensure the RMW Tracking Form has been signed by the COR or designee.

8. The Contractor shall transport, incinerate or otherwise dispose of material in accordance with 105 CMR 480.000 (MA Generators), 205-RICR-140-15-1 (RI Generators), all applicable Environmental Protection Agency (EPA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), and any other state and federal guidelines.

D. SPECIFICATIONS - MA GENERATORS (New Bedford and Hyannis CBOCs)

1. Packaging, Labeling, and Shipping. Every container or bag of waste that has not been rendered noninfectious in accordance with 105 CMR 480.150 shall be colored and labeled according to the requirements of 105 CMR 480.100(A):

a. All medical or biological waste, except sharps, shall be contained in a primary container which is a red, fluorescent orange or orange-red plastic bag that is impervious to moisture and has sufficient strength to resist ripping, tearing, or bursting under normal conditions of use and handling, and which meets the American Society for Testing Materials (ASTM) standard D1922-06a and ASTM D1709-04.

b. Each primary container shall be marked prominently with the universal biohazard warning symbol and the word “Biohazard” in a contrasting color; and be secured so as to prevent leakage and to preclude loss of contents during handling, storage, and/or transport.

c. Sharps shall be segregated from other wastes and aggregated immediately after use in red, fluorescent orange or orange-red leak-proof, rigid, puncture-resistant, shatterproof containers that resist breaking under normal conditions of use and handling, meet ASTM standard F2132-0I, and that are marked prominently with the universal biohazard warning symbol and the word "Biohazard" in a contrasting color.

2. Disposal of Blood and Blood Products.

a. Blood and blood products shall be rendered noninfectious in accordance with 105 CMR 480.150 prior to disposal in a sanitary landfill approved by the Massachusetts Department of Environmental Protection or in case of out-of-state disposal, approved by the appropriate regulatory agency responsible for landfill approval.

3. Disposal of Sharps.

a. Containers of sharps shall either be:

i. Disposed of by incineration at an approved incineration facility; or

ii. Rendered noninfectious as set forth in 105 CMR 480.150 and processed by grinding or other effective method to eliminate the physical hazard of the sharps and disposed of in a sanitary landfill approved by the Massachusetts Department of Environmental Protection, or in the case of out-of-state disposal,

iii. Approved by the appropriate regulatory agency responsible for landfill approval within that jurisdiction.

4. Shipping Papers. The “Contracted Transporter” shall prepare all shipping papers in accordance with 105 CMR 480.400 before shipping waste off-site that has not been rendered noninfectious prior to transport. The “Transporter” will ensure the shipping papers are signed and dated by an authorized representative of the Generator, and must include the following information:

a. The name, address, and phone number of the waste generator along with a contact name and emergency contact number for an individual who either has knowledge about the waste material, including emergency response information, or who has immediate access to a person who possesses such knowledge and information;

b. A description of the waste to be shipped;

c. The total quantity of waste to be shipped;

d. The type of container or containers in which waste is to be transported; and

e. The destination of the delivery.

E. SPECIFICATIONS - RI GENERATORS (VAMC Providence and Middletown CBOC)

1. General Packaging. Regulated medical waste shall be properly packaged to assure effective containment throughout the handling, storage, transport, and treatment process. In addition to the specific packaging and containment requirements for each category of regulated medical waste, the following general container requirements shall be met before transporting such waste off-site:

a. Rigid;

b. Leak-resistant;

c. Impervious to moisture; Of a strength enough to prevent tearing or bursting under normal conditions of use and handling; and

d. Sealed to prevent leakage during transport.

2. Packaging Requirements for Sharps. In addition to the general packaging and containment requirements for regulated medical wastes in Section E.1., all sharps and unused sharps, including sharps with residual fluids, shall be packaged in containers that are puncture-resistant, sealable in a manner that prevents spillage of contents during transport, and the container shall identify the contents as regulated medical waste by displaying the Universal Biohazard Symbol on the outside of the container.

3. Packaging Requirements for Human and Animal Pathological Wastes. In addition to the general packaging and containment requirements for regulated medical wastes contained in Section E.1., pathological wastes shall be placed in a container marked or labeled with the words “Pathological Waste”, “Path Waste”, “Pathology Waste” or “Incinerate Only” or other labels approved by the department on the lid or on the sides. Any waste placed in a container so marked must be managed as pathological waste.

4. Packaging Requirements for medical or biological waste, which are not sharps or pathological waste. In addition to the general packaging and containment requirements for regulated medical wastes contained in Section E.1., shall be packaged in either rigid containers that are designed to be tightly sealable or in plastic bags that meet the following requirements:

a. The plastic bags shall be impervious to moisture and be tear-resistant;

b. The plastic bags shall be a distinctive red or orange color, or clear (i.e., without color). If a clear bag is used, then the universal biohazard symbol shall be appropriately displayed on the bag;

c. In order to allow the use of "single plastic bags", the bags shall be constructed of material of sufficient single thickness strength to pass the 165-gram dropped dart impact resistance test as prescribed by the American Society for Testing and Materials (ASTM) Dart Test (ASTM Standard #D-1709-91) and certified by the manufacturer. Otherwise, "double bagging" (i.e., the use of two plastic bags, one inside the other) is required.

5. Labeling Requirements. The Contractor shall ensure each container of regulated medical waste has a water-resistant label affixed to or printed on the outside of the container. The label shall include the words "Medical Waste” or display the universal biohazard symbol. Red plastic bags used, as inner packaging need not display a label.

6. Marking (Identification) Requirements. The Contractor shall mark each package or container of regulated medical waste according to the following marking requirements before the waste is transported off-site. The outermost surface of each package or container prepared for shipment shall be marked or labeled with water-resistant paint/labels of enough dimension and contain the following information:

a. Generator's or intermediate handler's name;

b. Generator's or intermediate handler's address;

c. Transporter's name (if applicable);

d. Transporter's Rhode Island Regulated Medical Waste Transporter Permit number (if applicable);

e. Date of shipment (date of off-site transport); and

f. Identification of contents as medical waste.

7. Shipping Papers. The Contractor shall ensure all regulated medical waste is shipped to a permitted facility, by a transporter with a current Medical Waste Transporter Permit Number and a valid RI Medical Waste Transporter Permit as indicated by an official sticker on each transportation unit. The Contractor shall use transporters who have been issued a Rhode Island Regulated Medical Waste Transporter Permit number by the Rhode Island Department of Environmental Management.

a. All shipments of RMW within Rhode Island shall be accompanied by a properly completed tracking form. Appendix I of DEM-OWM-MW-1-2009 outlines all the requirements to properly complete a “Medical Waste Tracking Form.”

F. DOCUMENTATION FROM THE CONTRACTOR:

The contractor shall prepare and submit to the COR an original signed Certificate of Destruction for each pick up for each site within 30 working days of each pickup. The contractor shall maintain proper records concerning each Certificate of Destruction issued. The Certificate of Destruction shall at a minimum contain the following:

· Pickup/Delivery Location

· Pickup/Delivery Date

· Amount of waste (number of containers picked up and/or pounds)

· Destruction Certification Document/Manifest Number

· Destruction Certification Date

· Any other information as required by the COR.

G. TRAINING REQUIRED BY THE CONTRACTOR:

Contractor shall provide annual training to government staff as required by the COR. Training shall include proper handling of medical/special waste; interim storage requirements, proper identification and labeling of wastes, etc.

H. QUALITY ASSURANCE:

The Government will investigate complaints from the Providence VAMC. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Main Campus Providence VAMC - Regulated Medical Waste Services

Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

Main Campus Providence VAMC - Sharps Removal Services

Hyannis CBOC - Regulated Medical Waste Services

Hyannis CBOC - Sharps Removal Services

New Bedford CBOC - Regulated Medical Waste Services

New Bedford CBOC - Sharps Removal Services

Middletown CBOC - Regulated Medical Waste

Middletown CBOC -Sharps

Base Year Total: $________________________

Contract Period: Base

Main Campus Providence VAMC - Regulated Medical Waste Services

Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

Main Campus Providence VAMC - Sharps Removal Services

Hyannis CBOC - Regulated Medical Waste Services

Hyannis CBOC - Sharps Removal Services

New Bedford CBOC - Regulated Medical Waste Services

New Bedford CBOC - Sharps Removal Services

Middletown CBOC - Regulated Medical Waste

Middletown CBOC -Sharps

Option One (1) Year Total: $________________________

Contract Period: Option 1

Main Campus Providence VAMC - Regulated Medical Waste Services

Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

Main Campus Providence VAMC - Sharps Removal Services

Hyannis CBOC - Regulated Medical Waste Services

Hyannis CBOC - Sharps Removal Services

New Bedford CBOC - Regulated Medical Waste Services

New Bedford CBOC - Sharps Removal Services

Middletown CBOC - Regulated Medical Waste

Middletown CBOC -Sharps

Option Two (2) Year Total: $________________________

Contract Period: Option 2

Main Campus Providence VAMC - Regulated Medical Waste Services

Contract Period: Option 3 POP Begin: 10-01-2023 POP End: 09-30-2024

Main Campus Providence VAMC - Sharps Removal Services

Hyannis CBOC - Regulated Medical Waste Services

Hyannis CBOC - Sharps Removal Services

New Bedford CBOC - Regulated Medical Waste Services

New Bedford CBOC - Sharps Removal Services

Middletown CBOC - Regulated Medical Waste

Middletown CBOC -Sharps

Option Three (3) Year Total: $________________________

Contract Period: Option 3

Main Campus Providence VAMC - Regulated Medical Waste Services

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

Main Campus Providence VAMC - Sharps Removal Services

Hyannis CBOC - Regulated Medical Waste Services

Hyannis CBOC - Sharps Removal Services

New Bedford CBOC - Regulated Medical Waste Services

New Bedford CBOC - Sharps Removal Services

Middletown CBOC - Regulated Medical Waste

Middletown CBOC -Sharps

Option Four (4) Year Total: $________________________

Contract Period: Option 4

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 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 five (5) years.

(End of Clause)

C.3 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.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.

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

[] 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.

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

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

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

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

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

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

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

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

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

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[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 (JUN 2020) (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 (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. (JUN 2020) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

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

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

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

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

[] (ii) Alternate I (MAR 2020).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 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 (JUN 2020) (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 (JUN 2020) of 52.219–9.

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

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (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 (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (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 (JULY 2014) of 52.222-35.

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

[] (ii) Alternate I (JULY 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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

[] (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.s 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.s 13423 and 13514).

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

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(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 (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(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.

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (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).

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

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

[] (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 (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:

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

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

[X] (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).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

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

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

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

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

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

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

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

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

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

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

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 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 (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1…