36C24218Q9459-001.docx

36C24218Q9459

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

632-19-16048-0020 36C24218Q9459 07-17-2018 BOONE, MARSHAND marshand.boone@va.gov

718-836-6600 EXT. 3145

08-10-2018

10:00 AM

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 X X 221320 $20.5 million X N/A X See Delivery Schedule

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904

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

RFQ for Wastewate Storage Plant for Northport Statement of work begins in Section B3.

The due date for questions related to this solicitation is July 23, 2018. A site visit for this solicitation will be held at Northport on Friday, July 20, 2018. Interested vendors must confirm their participation with CO Marshand Boone at marshand.boone@va.gov by July 19, 2018, at 12 PM.

X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Marshand Boone Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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

WASTE WATER TREAMTENT PLANT, INCLUDING GREASE TRAPS

The Contractor will maintain and operate the VAMC Northport wastewater treatment plant in accordance with the New York State Pollutant Discharge Elimination System (SPDES) Permit. The system was installed in 1994 and upgraded in 2004. Contractor personnel operating this plant must possess the appropriate New York State license and operate and maintain the Wastewater Treatment Plant within the parameters defined by the SPDES permit. The waste water treatment plant is a 350,000-gallon-per-day activated sludge, nitrification / denitrification plant. There are two clarifiers and onsite discharge lagoons. In addition to the waste water treatment plant, included for maintenance are two grease traps. All wastewater influent to this facility is treated prior to being discharged to onsite lagoons. Normal flow rate varies between 90,000 and 125,000 gallons per day for a monthly average of 110,000 to 130,000 gallons per day. All testing shall be complete and performed on schedule. Samples are taken and operational tests are performed on site daily; permit-required laboratory tests are performed by an independent vendor laboratory off site. The Discharge Monitoring Report (DMR) is prepared monthly by the operator, and signed by the VAMC Northport Chief Engineer for submission to NY State prior to the permit specified monthly deadline.

1.1 General Wastewater Treatment Plant Operations

Wastewater treatment operations shall be conducted in order to provide continuous, cost effective, and efficient treatment of all wastewater. The system shall operate 24 hours a day, 7 days a week. Such operations shall include general operations and maintenance of equipment, pumps, valves and piping, sampling and laboratory analyses waste and effluent disposal, and other related services as listed in TE-6. All operations shall be accomplished in accordance with the treatment facility operations manuals and industry standards. Facility operations and effluent discharge practices shall comply with the SPDES Permit, U.S. EPA regulations, New York State DEC Regulations and Suffolk County Department of Health Services Regulations. The contractor shall prepare and maintain all related correspondence and operating and maintenance reports. All correspondence and reports shall be computer generated.

1.2 Preventive Maintenance Inspection (PMI) Program

The contractor shall implement preventive maintenance inspection programs to help prevent, correct, and repair deficiencies with equipment items, minimizing breakdown and service interruptions, extending component service life, and maximizing operating efficiency. The contractor’s PMI plan shall include inspections and services of lubrication, adjustment, and repair of components. At the end of each year, each equipment item within every system included in this contract will have been addressed. The PMI program is to be established based upon manufactures’ recommendations, handbooks, operation & maintenance manuals, contractor expertise, and general engineering judgments. The contractor shall update schedules as necessary to reflect any changes in equipment inventory.

1.3 Sampling and Laboratory Analysis

The contractor shall provide sampling and laboratory analytical services for process control and to support VAMC Northport and regulatory agency operating requirements. Such sampling and testing procedures shall be accomplished in accordance with the SPDES Permit requirements. Contractor shall keep a complete set of laboratory records for all laboratory tests to include: date and time of sampling, type of sample, name of sample, location of sample, test performed, and test results. Assemble results of such laboratory analyses into reports to be submitted on the monthly report. The contractor shall provide independent laboratory results on a monthly basis.

1.4 Submittal Requirements of Reports and Logs

Monthly Operating Report (MOR) and Discharge Monitoring Report (DMR) along with a cover letter to NYSDEC shall be submitted to VAMC Northport every month by the fifth day of the month to be mailed to NYSDEC and Suffolk County Department of Health Services.

1.5 Servicing Grease Traps

The two grease traps within the VAMC Northport premises shall be serviced on a regular basis, by the Contractor, with the minimum frequency of cleaning shall be at least once in three months for both the grease traps. Servicing of the grease traps shall include but not limited to cleaning, aerating to break up grease, pumping, transporting and disposing legally in accordance with local, state and federal regulations.

1.6 Grounds and Facility Maintenance

The contractor shall mow and trim inside the fenced area of the wastewater treatment plant The Contractor shall mow and trim outside the perimeter fences to obvious boundary lines not to exceed 10 feet. The contractor shall maintain grass to a height not to exceed 4 inches. General housekeeping is the responsibility of the contractor.

1.7. Operator’s Duties and Responsibilities

The contractor shall operate the wastewater treatment plant and system to ensure the system is continuously operational 24 hours per day, 365 days per year. A minimum of one operator, licensed by the State of New York, shall be on duty a minimum of 8 hours per day Monday through Friday and 4 hours during weekends and holidays, 2 hours per day on Saturday and Sunday. License /certification must be equal to or greater than Grade 2A. The operator must provide documentation that demonstrates at least ten years of on-site plant operating experience. Certification must be current throughout the life of the contract. The contractor may be required to work other than normal hours to ensure all operations are functional. The operator shall perform to include but not limited to the following tasks:

1. Daily operation of the treatment plant (see attached TE-6)

1. Daily inspection and maintenance of the treatment plant

1. Sampling and analysis for parameters as specified in the SPDES Permit

1. Preparing daily operating reports and logs

1. Preventive maintenance work

1. Corrective maintenance work

1. Emergency, urgent and routine repairs

1. Installation of new equipment

1. Grounds and facility maintenance

1. General housekeeping, cleaning, painting etc.

1. Daily communications with the contractor’s Professional Engineer (PE), attending site meetings with PE as required and implementing technical solutions put forward by the PE to solve problems or to improve the treatment process

1.8. Professional Engineer’s Duties and Responsibilities

The contractor shall have a Professional Engineer (PE) on staff. This PE shall have extensive experience in designing, trouble shooting, operating and maintaining wastewater treatment systems. This PE shall provide all the technical assistance required to operate the treatment plant in a most efficient manner and provide expertise to achieve the best treatment possible with the existing unit processes to be in compliance with the U.S. EPA regulations, New York State DEC Regulations and Suffolk County Department of Health Services Regulations. The PE shall perform to include but not limited to the following tasks.

1. Visit the treatment plant to inspect the plant, review records, and have meetings with operators to assess the performance of the plant and the performance of the operators and to provide technical assistance to solve problems and / or to improve the treatment process.

1. Preparation and Submittal of all reports to VAMC Northport in a timely manner and as required by the SPDES Permit.

1. Daily telephone communications with the facility operators to assess the progress and to provide technical assistance in solving problems and / or to improve the treatment process.

1. Communications and correspondences with New York State Department of Environmental Conservation, Suffolk County Department of Health Services and the VAMC Northport with regard to the treatment plant.

1. Attending meetings with New York State Department of Environmental Conservation, Suffolk County Department of Health Services and the VAMC Northport as and when required.

1. Providing VAMC Northport with technical assistance and cost estimates with regard to capital improvements.

The Professional Engineer is considered Key personnel by the government. The vendor must ensure that personnel working under the capacity of this contract meet the below criteria:

1. (a) Prior to commencement of work under this contract, detailed resumes and certificates containing sufficient information to demonstrate compliance with this requirement shall be submitted to the Contracting Officer or COR for approval. The resume shall include the following information:

1. (b) In the performance of this contract, all

1. (1) Key Personnel resumes must be submitted with the proposal for evaluation. HOWEVER, THE FINAL HIRING DECISIONS OF PERSONNEL, AFTER ENSURING THAT THE ABOVE BASIC CRITERIA IS MET, WILL BE MADE BY THE AWARDEE AND NOT THE GOVERNMENT.

1.

1. (2) Contractor employees designated as “Key Personnel” shall not be removed or replaced without the written consent of the Government. Any replacement candidate must have the same or better qualifications as the employee being released. Resumes of proposed replacement Key Personnel must be provided for review. The Government must approve the replacement candidate in writing before he/she can start work.

1.9 Sludge Waste, Grit and Drags from Treatment Process

On an as needed basis, the wasted sludge, grit and drags from the treatment plant shall be transported off-site and disposed legally in accordance with local, state and federal regulations.

1.10 Place of Performance

Department of Veterans Affairs Northport VA Medical Center 79 Middleville Road Northport, NY 11768

1.11 Quality Control Program

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this contract. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. FINAL QC MUST BE SUBMITTED TO THE COR WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT OF AWARD. The QCP shall include:

Personnel designated to be on station on a regular permanent basis will be subject applying for and obtaining a US Government Department of Veterans Affairs PIV and associated background investigation.

The C&A requirements do not apply and that the Security Accreditation Package is not required.

The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S. VA/VHA facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

The contractor shall require all employees, including supervisors, to wear distinctive uniform clothing for easy identification, and assure that every employee is in uniform no later than the time specified by the COR, or otherwise no later than ten (10) working days from the date an employee first enters on duty. The uniform shall have the contractor's name, easily identifiable, affixed thereon in a permanent or semi-permanent manner, such as a badge or monogram.

Disclosed Information: Though there is no anticipation of information protected by the provisions of the Privacy Act of 1974 to be disclosed during the performance of this task, all personnel assigned to this Contract are required to take proper precautions to protect privacy information from disclosure in the case that such disclosures are made.

b) Commitment to Protect Sensitive Information: The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

1.15 Progress Meetings

A kickoff meeting will be held within 5 business days of contract award. Thereafter weekly progress meetings will be held between the VA-COR – Engineering Leadership and the Contractors Project Manager.

Upon satisfaction of the VA-COR and Engineering Leadership that the performance of the contractor is satisfactory, progress meetings may be scheduled and held quarterly.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Vendor to provide Operation, Maintenance, Preparation of Discharge Monitoring Report (DMR) and Monthly Operating Report (MOP), and Technical Assistance to Manage the Sewage Treatment at the Northport

Vendor to supply Field Inspections, completing Forms and Preparation of Reports in Accordance with SPCC Plan for Storage Tanks and Air Permit Regulations for the Period 10/1/2018 through 9/30/19.

Vendor to provide Operation, Maintenance, Preparation of Discharge Monitoring Report (DMR) and Monthly Operating Report (MOP), and Technical Assistance to Manage the Sewage Treatment at the Northport Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

Vendor to supply Field Inspections, completing Forms and Preparation of Reports in Accordance with SPCC Plan for Storage Tanks and Air Permit Regulations for the Period 10/1/2019 through 9/30/20.

Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

Vendor to provide Operation, Maintenance, Preparation of Discharge Monitoring Report (DMR) and Monthly Operating Report (MOP), and Technical Assistance to Manage the Sewage Treatment at the Northport

Contract Period: Option 2 POP Begin: 10-01-2020 POP End: 09-30-2021

Vendor to supply Field Inspections, completing Forms and Preparation of Reports in Accordance with SPCC Plan for Storage Tanks and Air Permit Regulations for the Period 10/1/2020 through 9/30/2021.

Contract Period: Option 2 POP Begin: 10-01-2020 POP End: 09-30-2021

Vendor to provide Operation, Maintenance, Preparation of Discharge Monitoring Report (DMR) and Monthly Operating Report (MOP), and Technical Assistance to Manage the Sewage Treatment at the Northport Contract Period: Option 3 POP Begin: 10-01-2021 POP End: 09-30-2022

Vendor to supply Field Inspections, completing Forms and Preparation of Reports in Accordance with SPCC Plan for Storage Tanks and Air Permit Regulations for the Period 10/1/2021 through 9/30/2022.

Contract Period: Option 3 POP Begin: 10-01-2021 POP End: 09-30-2022

Vendor to provide Operation, Maintenance, Preparation of Discharge Monitoring Report (DMR) and Monthly Operating Report (MOP), and Technical Assistance to Manage the Sewage Treatment at the Northport Contract Period: Option 4 POP Begin: 10-01-2022 POP End: 09-30-2023

Vendor to supply Field Inspections, completing Forms and Preparation of Reports in Accordance with SPCC Plan for Storage Tanks and Air Permit Regulations for the Period 10/1/2022 through 9/30/2023.

Contract Period: Option 4 POP Begin: 10-01-2022 POP End: 09-30-2023

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SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.217-8 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 of the period of performance end date.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of Clause)

C.4 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

(a) As used in this clause— "After-imposed Federal tax," means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.

"After-relieved Federal tax," means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

"All applicable Federal, State, and local taxes and duties," means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.

"Contract date," means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

Local taxes includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.

(b)(1) The contract price includes all applicable Federal, State, and local taxes and duties, except as provided in subparagraph (b)(2)(i) of this clause.

(2) Taxes imposed under 26 U.S.C. 5000C may not be—

(i) Included in the contract price; nor

(ii) Reimbursed.

(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.

(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

(End of Clause)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 2020. 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 2020, 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.6 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of Clause) C.7 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.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.9 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.10 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 New York. 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.11 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] [X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

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

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

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

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

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

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

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

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

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

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

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

[] (ii) Alternate I (Oct…