36C24218Q0142-005.docx

36C24218Q0142

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 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. 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

528-18-2-3318-0022 36C24218Q0142 03-06-2018

CELLINO, JOSEPH

716-862-7895 04-06-2018

4:00PM EST

Department of Veterans Affairs Network Contracting Office 02 2875 Union Road, Suite 3500 Cheektowaga NY 14227 X X 562112 $38.5 Million X N/A X Department of Veterans Affairs Locations listed in SOW

Department of Veterans Affairs Western New York Healthcare System Network Contracting Office/ATTN 90NCA 2875 Union Road, Suite 3500 Cheektowaga NY 14227

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page Hazardous Waste Collection and Disposal for VISN 02 Upstate NY Medical Centers and CBOS's as specified in the Statement of Work.

Please submit any questions to Joseph.Cellino@va.gov by March 1 , 2018. All responses to questions shall be incorporated into a written amendment posted to FBO.gov.

Offerors are encouraged to monitor FBO.gov with respect to amendments to this solicitation.

See section E.1 on page 26 for instructions.

See section E.9 on page 30 for evaluation factors.

See CONTINUATION Page 528-3680162-3318-856700-2580 0100J00Z4 X X X One Cheryl Brimmer Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Department of Veterans Affairs Network Contracting Office 02 2875 Union Road, Suite 3500 Cheektowaga NY 14227

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.

Tungsten Network http://www.tungsten-network.com/us/en/veterans-affairs ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 STATEMENT OF WORK

1. INTRODUCTION

The Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 2, as defined below, intends to award a Requirements Contract with Firm-Fixed-Price line items to a qualified firm with the capability and capacity for classifying, segregating, bulking, packaging, labeling, storing, transporting, treating and disposing of hazardous waste, as well as, emergency hazardous spill response at VISN 2 network locations below. This procurement shall be conducted IAW the Simplified Procedures for Certain Commercial Items at FAR 13.5 and Acquisition of Commercial Items at FAR 12.

Contract performance for the base period and four (4) one-year options as follows:

2. PLACE OF PERFORMANCE

Only the following VA facilities in VISN 2 shall receive services under this contract:

Syracuse VA Medical Center 800 Irving Avenue Syracuse, NY 13210-2716

Rome Outpatient Clinic (Conditional exempt facility with limited hazardous waste pick-ups.)

Canandaigua VA Medical Center

Rochester Outpatient Clinic (Conditional exempt facility with limited hazardous waste pick-ups.)

Samuel S. Stratton VA Medical Center

Bath VA Medical Center

VA Western NY Healthcare System Buffalo Medical Center – 3495 Bailey Avenue, Buffalo NY 14215-1129 Batavia Medical Center – 222 Richmond Ave., Batavia NY 14020-1227

Binghamton Community Based Outpatient Clinic (Conditional exempt facility with limited hazardous waste pick-ups.)

3. REQUIREMENT AND SCOPE

The primary requirement of this contract is the classification, labeling, packing, transport and ultimate disposal or treatment of hazardous waste and universal waste generated at the specified VA medical facilities. Typical hazardous wastes generated at these facilities includes but is not limited to: pharmaceutical waste, flammable liquid waste, corrosive liquid waste, reactive, non-regulated waste, lab packs (incineration and treatment), mercury waste, lead paint chips, asbestos (limited to material resulting from in-house minor asbestos projects), silver rich effluents from photographic processes, compressed gas cylinders (all sizes), paint waste, used oil, U.S. Drug Enforcement Administration (DEA) Controlled Substances that are also subject to the Resource Conservation and Recovery Act (RCRA), and universal waste. Typical universal wastes generated at these facilities include but is not limited to: spent fluorescents, lamps and batteries.

The contractor shall also provide emergency response to situations involving spill or release of hazardous waste and require abatement.

The primary contractor and any subcontractors must possess the necessary technical expertise and resources required by all applicable federal, state and local regulations including but not limited to: 29 Code of Federal Regulations 29 CFR 1910.120 , 40 CFR Protection of Environment.

4. WASTE PACKAGING, DISPOSAL AND GENERAL REQUIREMENTS

The contractor shall furnish all necessary labor, materials, tools, equipment, travel, transportation, documentation and disposal services for the classification, labeling, packing, transport and ultimate disposal or treatment of hazardous waste and universal waste generated at the specified VA medical facilities on an as needed basis. Work shall be performed in accordance with all applicable federal, state and local regulations. The contractor shall be responsible for properly containerizing, classifying, segregating, labeling, storing, transporting, treating and disposing of hazardous and universal waste. The contractor shall furnish all containers and packing materials.

Packaging of Waste will be in the most economical manner which shall minimize total cost to the Government.

The contractor shall dispose of hazardous waste in a manner that leaves no future expense potential to the VA or the Federal Government. Chemicals should be disposed of in the following preferred priority:

1. Recycling of chemicals to another party for future use.

2. The processing of chemical waste (at a facility approved for such processing by an appropriate state or federal agency) in a manner that renders it no longer a hazardous waste as defined in the 40 CFR series. These processes include (but are not limited to):

i. Chemical neutralization and detoxification.

ii. Thermal treatment (e.g. incineration, pyrolysis).

iii. Reprocessing or recovery followed by recycling/reuse.

iv. The long-term internment (burial) in a secure chemical landfill site approved for such by the appropriate state or federal agency.

3. Acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal site does not constitute disposal and/or completion of the Contract. It is the contractor’s responsibility to obtain all necessary documentation to prove that the disposal of all items has been accomplished.

VA will maintain full occupancy of the site for the duration of the services required under this contract unless an exigent emergency situation requires localized evacuation (e.g., discovery of potentially unstable wastes). The contractor shall not interfere or hinder the daily operations of the Medical Center while performing services.

The 6 VA facilities identified as “Medical Centers” typically require waste clean-outs 3 to 4 times per year. The clinics listed require service on a less frequent as needed basis.

Orders for waste clean-outs shall be completed (i.e. picked up from a Government facility and in the process of disposal) within ten business days of placement with the contractor.

On-site work at VA facilities shall be performed by qualified individuals with appropriate training, and all required licenses and certifications. Training shall include the minimum required by law, including but not limited to requirements of 29 CFR 1910.120 and should be supplemented with Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Department of Transportation (DOT) and New York State Department of Environmental Conservation (DEC) regulations.

Subcontractors may not work on site at VA facilities for routine services unless the subcontractor and all personnel are properly trained; licensed; and certified, and they are accompanied by a qualified prime contractor employee (exceptions may only be made in the case of Emergency Response). All personnel, both contractor and subcontractor, providing services under this contract must be properly licensed and certified, and are subject to approval by the VA to perform work under the contract.

A Hazardous Waste Specialist shall sign a Hazardous Waste Manifest QA/QC form and attest to the accuracy of the labeling, packaging and completed hazardous waste manifests.

If removal of potentially explosive waste(s) is required; the contractor shall contact regulatory agencies (e.g. NYSDEC, County Explosive Ordinance Team).

VA staff shall not be required to assist in the transport of hazardous waste from storage to transport vehicles and/or provide any labor, tools or materials in the performance of this contract.

5. KEY PERSONNEL

The prime contractor must employ a minimum of (1) qualified Hazardous Waste Specialist with 49 CFR Part 172 Subpart H training certification who will be on site at all VA facilities when field work is being conducted. Appropriate handling of waste is essential for the safety of Government and contractor employees as well as cost containment.

A Hazardous Waste Specialist with a Certified Hazardous Materials Manager (CHMM) credential or its equal is required for administrative oversite, quality assurance and quality control for this contract.

6. LAB PACKS

The contractor shall be responsible for properly containerizing, classifying, segregating, labeling, storing, transporting, treating and disposing of lab-packs (several sealed containers of compatible hazardous wastes into a larger vessel along with packing material in order to transport the wastes to a disposal/incinerator facility) as needed. Lab Packs shall be prepared in the most economical way possibly while remaining compliant with all applicable regulations.

7. WASTE PROFILES

The contractor shall prepare profiles of chemicals (if needed) with information provided by the VA. The contractor shall be responsible for any required chemical analysis including (but not limited to) pH testing, solid content analysis, etc., which can be performed at the collection site. The contractor shall also identify and classify unknown waste using laboratory analysis and promptly provide the VA with analytical result in writing, as well as relevant hazard characteristics of the unknown substance(s). In the event that waste has been previously misclassified, the contractor shall promptly notify the VA and all appropriate governmental entities. The contractor is responsible for analytical cost associated with any misclassified waste.

8. ELECTRONIC DATA BASE FOR MANIFESTS AND HAZARDOUS WASTE PROFILES

The contractor shall provide the VA access to an electronic, on-line data base for the management of hazardous waste to include: access to electronic copies of the facility waste profiles for review and approval, completed copied of the hazardous waste manifests, Bill(s) of Lading (BOLs) and all other information required to complete the NY State Annual Hazardous Waste Report as required by 6 NYCRR Parts 372, 373 and 483. (e.g., Description of Hazardous Waste; EPA Hazardous Waste Code(s); State Hazardous Waste Code(s); Off-Site Handler EPA ID Number; Quantity Received in Calendar Year Being Reported; Unit of Measure; Form Code(s); and Management Method Code(s), profiles of hazardous waste associated with health care, copy of completed hazardous waste manifest and capability of generating semi -annual hazardous waste reports identifying types and quantities of hazardous waste generated at all VA facilities.

The contractor shall provide electronic copies of hazardous waste manifests that are signed and dated by the Treatment Storage Disposal Facility (TSDF) within 30 days of waste shipment. The contractor shall ensure VA facilities have been sent and received hard copies of signed and dated hazardous waste manifests within both New York State and federal regulated timeframes.

9. EMERGENCY RESPONSE

The contractor shall be listed as the Emergency Responder of Record in the Medical Center’s Hazardous Waste Contingency Plan and/or Spill Prevention, Control and Countermeasure Plan as set forth in 40 Code of Federal Regulations (CFR) Part 265 and 40 CFR Part 112.

Hazardous waste spill or release emergencies will require the contractor to arrive on site to initiate clean-up within two (2) hours of notification. If the emergency clean-up work is subcontracted, the Prime contractor must arrive on site for oversight of emergency hazardous material spill operations within 8 hours of notification. Emergency labor will be billed at the rate specified in the price schedule for on-site labor only. Travel to and from emergency response may not be billed separately. Any disposals resulting from emergency response shall be billed at the rate specified in the price schedule for that waste stream.

The contractor shall possess the capability to respond within this two (2) hour on-site framework to assess any potentially unstable/reactive hazardous substance identified, and to perform complete abatement within twenty-four (24) hours. The contractor shall be responsible for providing emergency first responder services in the event of a spill of hazardous materials/wastes, radiological wastes and universal wastes. The contractor must be able to perform the following tasks, to include, but not limited to: identify spilled product, conduct spill mitigation activities (e.g., containment, diversion from storm drains), neutralize spilled product, provide expert advice concerning products and their potential impacts, undertake spill cleanup activities, handle and dispose of spilled product and residuals, and prepare appropriate documentation on behalf of the facility.

10. ACCIDENTAL SPILLS OR RELEASE DURING TRANSIT

The contractor shall immediately perform clean-up, decontamination and disposal of waste that the contractor spills or releases during the performance of this contract – either on-site or during transportation of waste. The contractor shall verbally report all such Spills to the facility GEMS Coordinator or designee immediately. The contractor shall report all spills in writing to the facility GEMS Coordinator and COR within five (5) days of each spill.

The contractor also shall indicate in this written notice what actions will be taken to prevent future Spills.

The contractor shall be responsible for all costs associated with a spill and leak cleanup of the waste. No cost will be charged to the VA.

Any federal, state, local or other fines and penalties that result from a spill caused by the contractor or their subcontractor shall be the responsibility of the prime contractor. Additionally, any noncompliance penalties fined to the VA as a result of unmet deadlines or regulatory noncompliance relating to services described in this contract shall be borne by contractor.

11. INSPECTION OF STORAGE FACILITIES

The contractor shall provide VA staff the opportunity to inspect any facility (or subcontractor’s facility) used for the storage and/or disposal of hazardous materials within two (2) weeks of written request.

12. LICENSES AND PERMITS

The contractor will, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for contract performance in accordance with all applicable federal, state, and local regulations (e.g. OSHA, EPA, MPCA, Joint Commission, 49 CFR (DOT) including, but not limited to HM-181 and New York State Part 364 Waste Transporter Permit).

13. CONTRACTOR HEALTH AND SAFETY

It is the contractor’s responsibility to take adequate measures to protect their staff. At no time may the contractor’s actions or performance cause harm or the potential for harm to any VA employee or patient. The contractor shall provide at their cost the appropriate personal protective equipment (PPE) to their employees.

The VA reserves the right to halt work if it is being done in an unsafe / unhealthy manner or that could harm the environment. VA will not incur additional costs if work is halted for good cause.

14. TASK ORDERS

Estimated task orders with a “Not to Exceed” funding limit will be issued in writing via SF 1449. The COR and Facility Green Environmental Management System (GEMS) Coordinators will be authorized to place calls orally, or by email or fax up to the limit established on the estimated task order. An authorized VA user list will be provided upon award. The “Not to Exceed” limit of an estimated task order may only be increased or decreased via written modification signed by the contracting officer.

At the time of contract award, the contractor shall provide a reasonable means to initiate service calls (e.g. fax number or dedicated email). The VA will initiate orders by providing chemical name(s), quantities and location of waste to be removed. The turnaround time for completion of this task order begins once the initial order information has been sent to the contractor.

A telephone number for emergency response must be provided. The maximum 2 hour emergency response time begins when the number provided is called.

15. INSURANCE

NOTE: These requirements are in addition to those found in FAR clause 52.228-5, found in the clauses section below.

1. For all additional insurance described in this section, the following shall apply:

a. Insurance coverage shall be in contractor's name and shall name as additional insured’s The Department of Veterans Affairs and employees.

b. The policy for such insurance shall be issued by a New York State admitted carrier with a current A.M. Best's rating of not less than A-VI.

c. If such coverage is written on a claims-made basis, the contractor warrants that any retroactive date applicable to such coverage under such policy precedes the effective date of this Contract and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of one (1) year beginning from the time that the Work is completed.

2. The contractor shall maintain in force for the full period of this contract Contractor's Pollution Legal Liability Insurance (Fixed Site Environmental Impairment Liability) covering losses caused by pollution conditions that arise from the operations of the contractor pursuant to this contract.

a. Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage.

b. Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000).

3. The contractor shall maintain in force for the full period of this Contract Commercial Automobile with Pollution Legal Liability Insurance. Such insurance shall include Transportation of Hazardous Waste Coverage.

a. Such insurance shall be in an amount not less than two million dollars ($2,000,000) per occurrence combined single limit with an annual aggregate of at least five million dollars ($5,000,000).

4. The contractor shall maintain in force for the full period of this contract Excess Liability Insurance (Off-Site Environmental Impairment Liability). Such insurance shall include the following provisions:

a. Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage.

b. Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000).

16. PERFORMANCE MONITORING

The attached Quality Assurance Surveillance Plan (QASP) sets the performance standards and metrics specific to this contract.

B.4 PRICE/COST SCHEDULE

*SEE INSTRUCTIONS IN SECTION E.1

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 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 01, 2018 through April 30, 2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $50,000.00;

(2) Any order for a combination of items in excess of $250,000.00 annually; or

(3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after April 30, 2023.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.6 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.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2018. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2018, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

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

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

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

(End of Clause) C.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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

(1) Means a small business concern:

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

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

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

(End of Clause)

C.13 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)

(End of Addendum to 52.212-4) C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (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. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

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

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

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

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

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

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

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

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

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

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

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

[] (37) 52.223-12, Maintenance, Service,…