36C24122Q0380_1.docx

36C24122Q0380 A.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

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

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

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

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[X] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

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

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

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

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

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

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

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

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

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

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

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

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

[] (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated 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 (MAY 2020) (42 U.S.C. 8259b).

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

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

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

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

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

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

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

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

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

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

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

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

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

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

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

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

[] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[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).

[] (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 for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, 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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

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.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

689-23-2-7061-0019 36C24122Q0380 01-03-2023 Jeffrey Fleming 774-826-3525 02-03-2023 14:00

EST

Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton

MA

02301 Jeffrey S. Fleming Jeffrey.Fleming@va.gov X 621910 $20 Million N/A X Department of Veterans Affairs VA Connecticut Healthcare System 950 Campbell Ave.

West Haven

MA

02301 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton

MA

02301

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971 877-353-9791 See CONTINUATION Page This solicitation will result in an award of a Fixed-Price Indefinite Delivery, Indefinite Quantity (IDIQ) Contract for Ambulance Services for Beneficiaries of the Connecticut Healthcare System. This contract shall be for a period of one (1) base year and four (4) option years.

The Contractor shall provide all labor, materials, vehicles, supervision, training, and safety measures necessary to meet the requirements of the Performance Work Statement (PWS) herein. The Government intends to award a Fixed Price, option year contract.

All proposals must be submitted electronically to Jeffrey.fleming@va.gov.

Questions must be submitted in writing no later than 01/12/2023 14:00 hours. Via Email to Jeffrey.Fleming@va.gov All questions will be answered via Amendment to this Solicitation.

Minimum Award Guarantee: $250,000.00 Maximum Ceiling, including options: $7,000,000.00 See CONTINUATION Page X x Jeffrey S. Fleming 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 Jeffrey S. Fleming Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301

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.

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

B.2 PERFORMANCE WORK STATEMENT

GENERAL OVERVIEW

The Connecticut VA Medical Center requires a contractor to furnish Basic Life Support (BLS) and Advanced Life Support (ALS) Ambulance Services to its beneficiaries. The contractor must provide all equipment, personnel, supervision, and support to have these services in place on or before 09/01/2022. All services will be provided in accordance with the terms and conditions of this contract, applicable federal and state regulations, and industry accepted quality standards highlighted in this Statement of Work. The awarded contract will have a Period of Performance (POP) of One (1) Base Year with the option for Four (4) additional One (1) – Year Option Periods.

Pricing is established on a per trip basis (one way – loaded miles only) with an additional per mile charge for every mile over 25 miles. The estimated number for each type of transport is laid out in the Price/Cost Schedule.

A. SCOPE OF CONTRACT

The Connecticut VA system includes the VA West Haven Medical Center and nine (9) community- based outpatient clinics (CBOC) as laid out below. Services include patient transport twenty- four (24) hours per day, seven (7) days per week, including all holidays.

The contractor shall provide twenty- four (24) hour ambulance service (ALS and BLS) to VA beneficiaries receiving care at one or more of the facilities listed below. Upon request by the VA, the contractor shall transport VA beneficiaries from the beneficiaries’ place of origin to the beneficiaries’ place of treatment. The Contractor shall have the capacity to schedule, coordinate and execute the estimated volume of 260 BLS and 25 ALS trips per month plus additional mileage. Average mileage per transport is approximately 20 miles. The VA experiences seasonal shifts in transportation needs and the contractor shall adapt to these changes while maintaining all performance standards. All vehicles, personnel, and services rendered shall conform to all Federal, state, and local statutes, rules, and regulations.

VA Medical Facilities

The following facilities require transportation of VA beneficiaries. Any and all facilities may order transportation.

Locations:

Community Based Outpatient Clinics (CBOC):

A listing of VA personnel authorized ordering officials to communicate the arrangement of orders for transportation services will be forwarded to the Contractor after award of contract. Updated listings shall be provided to the contractor when required during the term of the contract.

The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments to issue changes that shall affect the price, quantity, quality, or delivery terms of this contract.

B. AMBULANCE SERVICES

The contractor shall furnish ambulance service 24 hours per day, 7 days per week, including all holidays for all patients including trips originating at one of the VA facilities.

The contractor shall furnish all linen supplies during transport.

The contractor shall provide as many ambulances as necessary to furnish timely service or subcontract the job to another company that meets all the terms and conditions in this contract. Timely service is service that meets the response times indicated in Paragraph C- “Response Time.”

The Contractor’s subcontractor, if any, shall not bill the VA directly and the VA will not pay more than the rates in this contract for all trips performed by the Contractor or their subcontractor. It is the responsibility of the Contractor to pay their subcontractors directly.

The contractor’s business, vehicles and personnel shall be licensed in accordance with the State of Connecticut Rules and Regulations Relating to Emergency Medical Services; Provide the state rules and regulations regarding vehicle storage, equipment and supplies as well as required safety inspections and certifications. The VA reserves the right to confirm compliance by viewing the Contractor’s records and/or performing a physical inspection themselves. The ambulances used in the performance of this contract will be licensed and meet the minimum vehicle requirements as mandated by the State of Connecticut Department of Public Health (CT 19a-179) or the Federal Specification for Ambulance, KKK-A-1822F (Change 8), dated July 1, 2015, whichever is more stringent. Chassis or compartment modifications are permissible when they clearly exceed the minimal specification. The electrical system must, at a minimum, meet the standards of the federal Specification for Ambulance, KKK-A-1822F (Change 7), Section 3.7, Electrical System and Components, dated February 2, 2015.

Each emergency medical care vehicle will have patient compartment facilities, oxygen, suction systems and equipment, and additional systems equipment, accessories, and supplies (See Sec 3.15 of KKK-A-1822F), as well as environmental climatic equipment, and communications.

All vehicles utilized in the performance of services under this contract shall meet 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. Vehicles shall be made available for inspection when it is requested by the VA.

The Contractor may be required to furnish more than one ambulance at a time. Vehicle must be able to accommodate all necessary life sustaining equipment during critical care transport and the addition of 1 VA staff member in addition to ambulance personnel.

In the event of a large number of vehicles requested contractor shall be contacted to determine if he/she can or cannot furnish the vehicles. The COR will record the time of the call, the time service is required, the name of the Contractor’s representative and whether or not the Contractor cannot provide the vehicle. If the Contractor cannot provide the added vehicle, the COR will record the name of the ambulance service called which did provide the added vehicle.

Federal HIPPA, state, and local laws shall govern the release of patient information to the contractor. For trips originating outside of Connecticut, laws of the state in which the trip originates or federal HIPPA law shall govern the release of patient information.

C. RESPONSE TIME

It is estimated that 85% of all requests for service will be placed by fax and 15% by telephone from an authorized representative of the VA Connecticut Healthcare System. A list of authorized employees will be provided at the time of contract award. Requests may also be completed by in person (by giving a written or verbal request).

PRESCHEDULED TRIPS: It is expected that the contractor will arrive at the prescheduled pickup time for any prescheduled trips.

UNSCHEDULED PICKUPS (Non-Emergency): The contractor shall respond to VA request for ambulance service by arriving at the patient’s place of origin within thirty (30) minutes from the time the order/call is placed by the VA for both unscheduled BLS requests and unscheduled ALS requests. Response time will be calculated from the time of receipt of the Fax/Telephone request for services.

EMERGENCIES: If at any time the contractor determines that the patient being transported requires emergency medical service, the contractor shall immediately call 911 for emergency services and/or proceed to the nearest emergency room.

LATE PERFORMANCE: If prior to travel or during travel to the beneficiaries’ place of origin the contractor determines that they cannot comply with the response time, the contractor shall notify the appropriate VA travel office immediately. The contractor shall not withhold notification for any reason.

Upon request, the contractor shall cooperate and furnish to the VA information detailed in the contractor’s dispatch logs, electronic records or equivalent real time recording system, ambulance sheets, or other materials requested.

If available, the Contractor shall sign a “Transport Log” upon arrival at the VA facilities. Contractors may be asked to sign out for items listed but not limited to VA hospital linens, pillows, and any and all VA hospital equipment or property moved with a patient for transport.

D. PERFORMANCE STANDARD

The Contractor is expected to meet the following performance requirements:

E. CONTRACTOR EMPLOYEES

Contractor employees shall not be considered Government employees for any purpose. The Connecticut VAMC reserves the right to restrict any contractor employee from performing services under this contract who does not meet the required qualifications for the services he/she is required to perform and who violates Federal regulations or is identified as a potential threat to the security, safety, health and/or operational mission of the VA and its patient population. The restriction of such contractor personnel shall not relieve the Contractor from performing all the required services, in accordance with all terms, conditions, and schedules contained herein.

The Contractor shall furnish qualified personnel as required by contract specifications to accomplish all services under this contract.

Contractor personnel performing services to the Connecticut VAMC shall conduct themselves in a professional manner, maintain personal hygiene, wear clean, neat uniforms, and be identified by having the company name, and employee name affixed to the uniform. Employee identifications (that associate the employee with the Contractor) shall be worn in clear view above the waist. Contractor personnel shall not smoke in facilities or on the ambulance ramp to the Emergency Care Unit. There shall be no smoking within the vehicles by Contractor, patient, or any other passenger.

when transporting patients to or from medical facilities, the driver, acting for the Contractor shall ensure that the patient's luggage, medical records, medications, and prosthetic devices are properly accounted for and delivered with the patient as required.

Each patient shall be treated with the utmost of respect and concern, with a professional approach to his/her dignity as an individual and patient. All communication, both verbal and non-verbal, by Contractor's personnel with and in the presence of the patient, will be conducted in a professional manner. The Contractor's personnel shall practice the utmost discretion when discussing the patient's condition with hospital professionals in the presence of the patient, relatives, and/or caregivers.

F. CONTRACTOR PERSONNEL QUALIFICATIONS

All Contractor personnel performing contract services shall meet the qualifications as specified in this contract, as well as any qualifications required by Federal, State, County, and local government entities from the place in which they operate. Records of each employee as to name, level, and certification to perform the duties of an ambulance driver or attendant shall be maintained and made available for inspection upon request. The VA requires that all contractor personnel receive a physical verification of safe driving record and drivers check every 2 years, and safety training one time per year.

Evidence of successful training shall be provided to the Contracting Office upon request.

EMT-P and EMT-B providing services under this contract shall have the following qualifications, in addition to those required by Federal, State, and Local Government:

· Have completed training in accordance with the standards published by the Department of Health and Human Services (HHS). Such training programs must also be acceptable under the regulating requirements for local EMS Systems supported by DHHS under PL 93-154. Or shall submit evidence of equivalent training program successfully completed to the Contracting Officer.

· Shall attend (at the expense of the contractor) all refresher continuing education, or advance training programs as required by the local or state government entity in which service is rendered. In no instance shall this be less frequent than every two (2) years. Such refresher training shall be equivalent to that developed by the Department of Transportation, National Highway Safety Administration.

· The contractor shall provide its employees with certified training for ventilator operation as there may be a need to transport a patient who is on a ventilation system.

· Ambulance Driver: Drivers shall have a valid operator's or chauffeur's license in accordance with Federal, State, and local government requirements for their place of operation for the services they perform. Drivers shall have EMT-B certification as a minimum.

· All attendants/van drivers on duty must be qualified to administer oxygen and shall have successfully completed the Standard and Advance First Aid Courses of the American Red Cross, U.S. Bureau of Mines, or equivalent. Proof in the form of a current or unexpired certificate that such first aid training has been successfully completed must be available upon request.

G. CONTRACTOR EQUIPMENT, VEHICLES, AND INSPECTION

Ambulances shall meet all current applicable Federal, State, and local specifications and regulations including, but not limited to, licensing, registration, and safety standards by the respective states of service. Connecticut VAMC reserves the right to inspect contractor's equipment and vehicles or require documentation of compliance with contract specifications, State laws, rules, regulations, and guidelines governing emergency medical transport vehicles (ambulances). Inspections of contractor facilities shall in no way constitute a warranty by Connecticut VAMC that the contractor's vehicles and equipment are properly maintained. Connecticut VAMC reserves the right to restrict the Contractor's use of equipment and vehicles which are in need of repair, unclean, unsafe, damaged on the interior or exterior body, and are not in compliance with contract requirements. The restriction of such equipment and vehicles shall not relieve the Contractor from performing in accordance with the strict intent and meaning of the contract without additional cost to the government.

Vehicles shall contain:

· An emergency safety kit,

· Portable oxygen unit(s),

· Fire suppression equipment

· Appropriate road emergency warning equipment.

· Written emergency procedures.

· Protective clothing required for the protection of contractor employees where patient care is expected, such as - i) gowns, ii) gloves, iii) masks, etc.

BLS vehicle shall, in conjunction with the above, also provide on-board EMT-B, perform basic airway management, and provide IV at KVO without additives.

ALS vehicle shall, in conjunction with the above, also provide an on-board EMT-P, perform cardiac monitoring, provide Advanced Cardiac Life Support (ACLS) drugs and procedures, and perform advanced airway management and medication monitoring and administration. Advanced airway management means the ability to intubate a patient and provide appropriate respiratory care, including emergency cricothyroidotomy.

All vehicles are to be equipped in accordance with the laws and regulations promulgated by the respective states of service.

Radios shall be adequately powered to provide communication within the regional area as a minimum.

All vehicles must remain locked when not attended by Contractor employees to avoid unauthorized entrance. Vehicles (when not attended) shall NOT remain running due to exhaust fumes.

The Contractor shall provide oxygen when it is requested by authorized Connecticut VAMC facility personnel or required by the patient's medical condition.

With the exception of intravenous administration pumps, the Contractor shall not be permitted to borrow medical equipment from the Connecticut VAMC facilities. The Contractor shall provide all medications required while in transport, linens and blankets, and other equipment and supplies required for use while in transport for direct patient care. An exception will be made for medications which are outside the realm of what is carried in the vehicle and are case-specific to the patient needs.

Contractor shall at no time and under any circumstances exchange supplies, equipment and/or medications with Connecticut VAMC (with the exception of intravenous administration pumps, as determined by the transporting facility). The prices quoted in the Price/Cost Schedule (Section B.1. of the contract) shall be inclusive of consumables used in transport. All vehicles used for critical patient care (i.e., ALS, BLS), shall include, but not be limited to, monitors, defibrillator with external pacemaker, intubation equipment, intravenous equipment, medications, patient compartment facilities, oxygen and suction system equipment including portable oxygen suction and accessories. Upon approval by the transporting facility, the Contractor will be allowed to transport the intravenous administration pumps that are delivering a fluid or medication to a patient during transfer. The Contractor shall return the pumps to the lending facility within 72 hours of patient delivery.

The Contractor shall provide a formal written summary of the ambulance vehicle fleet (Make, Model and Year, equipment) to be utilized for services provided by the Contractor. The report shall identify the various ambulance levels and numbers, their staffing criteria, stock equipment and medications carried, and procedures. This report shall also include the location and telephone numbers of their establishment where calls are received, and vehicles are dispatched from.

H. BILLING

The Contractor shall provide all vehicles and manpower necessary to meet the ALS and BLS transport requirements of this contract. The Contractor will be authorized to utilize other ambulance service companies, as subcontractors (certified to be within all requirements of this contract) to complete these transportation requests.

Should Connecticut VAMC determine that immediate transportation is essential to prevent loss of life or serious bodily harm, transportation services may be procured via local 911 services without referral or charges to the contractor.

I. Reporting

The solicitation and subsequent contact include FAR 52.222-41, Service Contract Labor Standards (SCLS). The Offeror and resultant contract awardee, by signing the offer and contract, is acknowledging they have reviewed the clause and will fully comply throughout the contract period. It is the responsibility of the Contractor to determine and pay the appropriate prevailing wage rate and fringe benefits for the location. The Government will not be held responsible for any mistakes in applying the SCLS.

VA reminds contractors of the Department of Labor Regulations which implement the SCLS and which read at 29 CFR § 4.115:

Employee coverage does not depend on form of employment contract. The Act, in section 8(b), makes it plain that the coverage of service employees depends on whether their work for the contractor or subcontractor on a covered contract is that of a service employee as defined in section 8(b) and not on any contractual relationship that may be alleged to exist between the contractor or subcontractor and such persons. In other words, any person, except those discussed in §4.156 below, who performs work called for by a contract or that portion of a contract subject to the Act is, per se, a service employee. Thus, for example, a person's status as an “owner-operator” or an “independent contractor” is immaterial in determining coverage under the Act and all such persons performing the work of service employees must be compensated in accordance with the Act's requirements.

J. PATIENT ESCORT

The Connecticut VAMC reserves the right to have an escort, such as a relative, or care provider of a beneficiary when it is determined that an escort is in the best interest of the beneficiary. There shall be no additional charge when escorts are authorized to travel with the beneficiary. At no time shall escorts or other personnel, except a physician, nurse or respiratory therapist treating the patient be allowed in the patient compartment of the ambulance while the vehicle is in route. In the event that an escort/clinician must accompany a patient, trip mileage for escort’s return, if applicable, will be paid in accordance with the schedule.

K. SUBSTITUTION OF BENEFICIARY

The Connecticut VAMC reserves the right to substitute the beneficiary requiring services at any time during the performance of this contract to prevent delays, cancellations, or dry runs. There shall be no additional charge to Connecticut VAMC when such changes occur.

L. NUMBER OF PATIENTS

The Contractor shall transport only one beneficiary per trip, under ambulance services, unless specifically authorized by Connecticut VAMC Healthcare personnel (authorized employees will be identified at contract award) to transport more than one, and at no time shall the Contractor transport more than two beneficiaries.

M. STANDARDS OF CARE

The Contractor shall adhere to the highest quality standards of both patient and medical care. Contractor shall adhere to the city, county, and state protocols established for emergency medical care and transportation. However, Connecticut VAMC may order specific levels of ambulance service to their campuses or to pick-up patients at other hospitals, nursing homes or patient homes when transporting to Connecticut VAMC.

N. ELECTRONIC TRANSMISSIONS

The Contractor shall, at all times during the contract period, have on his/her premises a functioning email to communicate requirements with Connecticut VAMC (i.e., patient incidents, requests for service, special correspondence, etc.). The Contractor shall indicate if there is e-mail availability for their company to complete communications with Connecticut VAMC (use of this communication system shall be mutually agreed upon after award of contract before any communications are completed in this manner.)

O. WAITING TIME

In order to be reimbursed for any fifteen-minute Waiting Time periods, the Contractor must submit proof of arrival time (date, location, and time from Trip report/GPS.)

Unscheduled trips: Waiting charges shall commence 15 minutes from the time the Contractor arrives at the designated pick-up and/or delivery points.

Prescheduled trips: Waiting charges shall commence 15 minutes from the prescheduled pick-up time or from the time the Contractor actually arrives at the designated pick-up point, whichever is later.

Trips shall be performed by Contractor so that patients are not held at any point to meet another vehicle for the purposes of carpooling unless authorized by the Connecticut VAMC Travel Clerk.

P. AUTHORIZED Connecticut VAMC HEALTHCARE PERSONNEL

Authorized personnel will be full time staff employed by Connecticut VAMC. Authorized personnel shall be communicating directly from Government telephones/fax machines/computers from within the facility.

Prior to performance, the Contracting Officer will provide the Contractor with a list of names or position titles and phone numbers of authorized Government personnel who may request services and receive calls from Contractor regarding contract performance. This list will be updated and submitted to the Contractor as changes occur. The Contractor shall ensure that requests for services are received from authorized medical center personnel. Services rendered in response to requests from other than authorized personnel shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

Q. REQUESTS FOR SERVICES

All requests shall be placed against pertinent schedule items, on a unit price basis, and will be verified against invoices and contractor’s request for service log submitted per Section 20. When ordering services (whether it be by telephone, facsimile, mail, e-mail and/or in person), the Connecticut VAMC representative will provide the Contractor with the following type of information:

· Mode of transportation required

· Required date and time of arrival

· Beneficiary name (first and last name)

· Last 4 digits of Social Security Number

· Pick up point (include address, telephone #, city, state, building and/or room number if Applicable

· Destination (include address, telephone #, city, state, building name)

· Time of pick up

· Support required or items to accompany, (escort, other items)

· Additional information as needed (whether there are papers, medications, or other items to be

· transported with the beneficiary and location of those items)

· Including any specific physician…