36C24219Q0147_1.docx

36C24219Q0147

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

528-19-2-4750-0003 36C24219Q0147 12- -2018

CELLINO, JOSEPH

716-862-7895 01-16-2019 4:30pm EST Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X X 485991 $15 Million X N/A X Department of Veterans Affairs WNY Healthcare System

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

See CONTINUATION Page RFQ set-aside for Small Business Ambulette Transportation Services for the VHA WNY Healthcare System as described herein.

See quote submission instructions in section E.1 and evaluation information in section E.10.

Questions must be submitted via email to Joseph.Cellino@va.gov by January 4, 2019.

IDIQ Minimum shall be $1,000.00 IDIQ Maximum shall be $1,750,000.00 See CONTINUATION Page 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 Department of Veterans Affairs Network Contracting Office (NCO) 2 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 PERFORMANCE WORK STATEMENT

I. PURPOSE.

The Department of Veterans Affairs (VA) has a requirement to provide Ambulette (Special Mode) transportation services to VA Veteran beneficiaries. The mode of travel is based on what is most economical and consistent with the patient's needs. The contractor shall provide standard wheelchair, bariatric wheelchair and stretcher van transportation with and without 2-man assist for eligible Veterans when in-house VA transportation resources are unavailable. The VA seeks to establish an Indefinite Delivery Indefinite Quantity Contract with a commercial provider of ambulette services in accordance with the Simplified Procedures for Certain Commercial Items at FAR Subpart 13.5 and Acquisition of Commercial Items at FAR Part 12.

II. BACKGROUND.

The Department of Veterans Affairs has a requirement for an ambulette service provider to augment the transportation staffed by VA drivers. The contractors shall respond to scheduled and on-demand requests for ambulette services within the stated service area. The contractor must be available and respond to requests for service 24 hours per day, 365 days per year; however, the majority of requests are expected to be for services between the hours of 8:00am and 5:00pm EST.

The period of performance shall be a one-year base period with four subsequent one-year option periods. The period of performance is anticipated to begin on 02/01/2019 and run:

However, the period of performance may begin between 02/01/2019 and 03/31/2019 with option periods adjusted accordingly.

III. DEFINITIONS.

Travel Unit – Beneficiary Travel Clerks or the Travel Supervisor at the applicable VA facility AOD – Administrative Officer of the Day; VA employee who acts as the administrator outside the normal working hours of 8:00am to 4:30pm Monday through Friday, and all day on weekends and Federal Holidays.

NOTE: The Federal Government observes the following Federal Holidays plus any other day designated a Federal Holiday by the President of the United States:

COR – Contracting Officer’s Representative CO – Contracting Officer VAMC – VA Medical Center CBOC – Community-Based Outpatient Clinic

IV. SERVICE AREA.

The primary performance area for coverage will include Two separate VA Medical facilities (VAMC) with seven separate Community Based Outpatient Clinics (CBOC) which will require transportation of VA beneficiaries on a less frequent basis. Services must be available to and from the following counties: Alleghany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Steuben and Wyoming

The medical centers are identified as the Buffalo and Batavia campuses belonging to the VA Western New York Healthcare System located at:

Buffalo VA Medical Center 3495 Bailey Ave Buffalo, NY 14215 716-862-8761 (M-F 0800-1600) 716-862-3232 (M-F 1600-0800, Weekends, Holidays)

Batavia VA Medical Center 222 Richmond Ave Batavia, NY 14020 585-297-1053 716-862-3232 (M-F 1600-0800, Weekends, Holidays)

The seven community based outpatient clinics (CBOCs) are listed as follows: Dunkirk, Jamestown, Lackawanna, Lockport, Niagara Falls, Olean and Springville located at:

Dunkirk Community Based Outpatient Clinic 166 East 4th Street Dunkirk, NY 14048 716-203-6474

Jamestown Community Based Outpatient Clinic 608 West 3rd Street Jamestown, NY 14701 716-338-1511

Lackawanna Community Based Outpatient Clinic 1234 Abbott Road Lackawanna, NY 14218 716-821-7815

Lockport Community Based Outpatient Clinic 5883 Snyder Drive Lockport, NY 14094 716-438-3890

Niagara Falls Community Based Outpatient Clinic 2201 Pine Avenue Niagara Falls, NY 14301-2300 716-862-8580

Olean Community Based Outpatient Clinic 465 North Union Street Olean, NY 14760-2658 716-373-7709

Springville Community Based Outpatient Clinic 15 Commerce Drive Springville, NY 14141 716-592-2409

V. SCOPE.

The existing government transportation personnel and resources will continue to be used to transport patients to the maximum extent possible. Patient transport will be performed by the contractor when government resources are unavailable and other modes of travel (i.e. public transportation, taxi etc.) are ruled out. The VA retains full authority and control over the decisions effecting the operations of VA travel affairs and supervisory/management status over VA personnel.

The contractor shall not maintain any control or make any changes to VA personnel policies and matters. The contractor shall provide any personnel required to perform in accordance with the contract. Such contract workers shall not be employees of the VA. The contractor and any subcontractors under the supervision of the contractor shall perform the entire contract services required hereunder. All personnel engaged in the performance of this transportation contract shall be fully qualified to perform such contract services. The contractor shall assign key personnel (such as safety manager, operations officer, dispatcher), with requisite experience to the contact. The Contractor shall identify an account manager. The account manager will be the Department’s point of contact through which the parties will communicate and resolve all contract accounts receivable, billing and invoicing. If the contractor terminates the employment of any key personnel or if the VA requests their removal from participation in the contract, the contractor shall reassign personnel to the position within seven days of such action. The VA shall have the right to approve new key personnel, which shall not be unreasonably withheld.

All contracted employees are subject to Federal HIPAA and VA information security regulations.

VII. PERFORMANCE REQUIREMENTS

The transportation service will be conducted primarily in the western NY area, to a lesser degree in the Batavia NY area, and with occasional transports in the CBOC areas, which could include trips to rural/remote areas of the region (example: Trips to Jamestown, or Syracuse VAMC, etc.). The transportation cost is from point of pick up to drop off location. Door to door service is required.

The contractor must be capable of transporting all veterans regardless of size or weight. The mobility devices continue to be upgraded and improved (increase weight and size) to meet the needs of the Veteran population. The contractor will need to remain abreast of these changes and have vehicles and staff to meet the transportation needs. The contractor must also be able to transport Veteran’s with oxygen tanks/holders.

The Medical Center reserves the right to have an escort, such as a relative, or care provider or staff members accompany a Veteran if authorized by the ordering official. There shall be no additional charge to VA when escorts are authorized to travel with the beneficiary.

If necessary, the contractor may be subject to additional training provided by the VA specific to the needs of the Veteran population. Any additional training will be coordinated with the COR and the Contracting Officer.

VIII. ESTIMATED USAGE

The contractor shall have the capacity to perform up to 300 trips per month and handle significant fluctuations in actual trips (potentially 60 trips/month or less). The contractor should expect an average of about 200 trips per month, with the majority being prescheduled. The trip estimate includes an aggregate of wheelchair, 2-man assist and stretcher trips. The contractor shall have the capacity to meet this estimated demand, as well as the flexibility to remain available during and following periods of decreased demand. The VA experiences demand fluctuations that the contractor must respond to and accommodate. Actual usage may be more or less than the given estimate.

VIII. RATES AND MILEAGE

BASE RATE: For all one-way trips within the 10-mile threshold limit, the contractor shall receive the flat base rate awarded for that trip. The Base Rate shall constitute full compensation for one-way trips which do not exceed the 10-mile threshold. The applicable base rate will be the lower of that of the origin or destination.

MILEAGE RATE: In addition to the base rate, the contractor will receive the mileage rate awarded for each mile traveled beyond the specified threshold. This rate applies to loaded, one-way transportation. In the event fraction miles result, VA will pay the rounded off amount to the next higher whole mile. In no event shall the Contractor receive this rate for miles traveled within the specified threshold.

MILEAGE THRESHOLD: The mileage threshold is defined as within ten (10) driven road miles from the patient’s pickup point. Mileage shall be calculated utilizing the shortest route in terms of mileage, and will be verified for quality control purposes by the VA using Google Maps on a frequency determined by the COR.

FLAT RATE: Certain trips between VA Medical Centers are to be pre-priced at a flat rate per trip. The price worksheet lists all trips requiring flat rate pricing. Flat rate pricing should offer a discount when compared with the base rate and mileage that would apply. The VA Medical Center addresses included for flat rate pricing are:

Syracuse VA Medical Center 800 Irving Ave.

Syracuse, NY 13210

Bath VA Medical Center 76 Veterans Way Bath, NY 14810

TOLL CHARGES: It is agreed and understood that the prices quoted in the schedule do not include any ferry, bridge, tunnel or road toll charges. Any such legitimate toll charges incurred shall be limited to only loaded trips, and shall be listed separately on the contractor's invoice. The contractor is responsible for all initial EZ PASS or payment of all tolls, to be reimbursed after the fact by VA. Tolls will not be billed or paid for bridges or tunnels used when a non-toll road was feasibly available for the trip.

All invoices must be accompanied by supporting documentation of tolls actually paid (i.e. receipts, EZ Pass invoicing, etc.).

IX. ORDERS:

a. Ordering Officials: Requests for services shall be made by authorized VA staff only by telephone or email. The contractor will be provided a list of the names and telephone numbers of the persons authorized to place calls for service upon award of the contract. The contractor must provide a telephone number and email for scheduling trips. Updates will be provided as changes occur. Veterans and other VA employees are not permitted to order transportation at VA expense. The government will not be held liable for those services performed by the Contractor which are ordered by people who are unauthorized.

b. Scheduled Trips: Scheduled requests for services will be furnished to the Contractor no later than 4:30 p.m. prior to the day the transportation is required. The following information will be provided by the VA to the contractor:

· Patient name (first and last name)

· Specified nonstandard requirements (number of steps and/or stairs, 2 man assist, oxygen)

· Pick up point (include address, telephone #, city, state, bldg and/or room number if applicable)

· Destination/drop-off

· Time pick-up is required

· Additional information as needed (persons accompanying patient, whether there are papers, medications or other items to be transported with the patient and location of those items)

· Any specific physician instructions

c. Unscheduled Trips: Trips may be ordered the same day, as needs arise. An order will be generated for an unscheduled trip that reflects the date and time the request was received by Contractor.

X. TRIP TICKETS AND TRAVEL CLERK NOTIFICATION (PICK-UP AT VA FACILITY):

The driver is required to notify the Travel Unit in person when picking up a patient during regular duty hours of 8am – 4:30pm, Monday through Friday. After 4:30pm, weekends and holidays, the AOD shall be notified at the Admissions desk.

Signed trip tickets for all transports must be provided by the Contractor driver at the time of transport to the VA Travel Unit or AOD. The time on the trip ticket will be verified and provided to the facility representative.

All trip tickets should contain the following information: All trip tickets will be completed with the following information written legibly:

· Company name

· Patient's Name

· Date and time of pickup and/or delivery

· Vehicle Identification Number

· Name of driver

· VA employee’s signature observing pick-up or delivery occurred

Tickets will be maintained by the COR for record. Copies of signed trip tickets may also be requested/used for proof of transport for billing purposes. Failure to comply could result in non-payment.

XI. PICK-UP PROCEDURES (OTHER THAN AT VAMC):

When a Veteran is picked up at their residence, the Veteran will verify the time and sign the trip ticket, or if unable to do so, a member of their household will sign the trip ticket. The household member will be allowed up to fifteen (15) minutes after this verified time of arrival for preparatory tasks exclusive of boarding activities which shall commence when the individual is ready to be placed in the travel device which will be used to bring him to the waiting vehicle. The patient shall be transported in an appropriately sized wheelchair appropriately secured to the vehicle.

XII. RESPONSE TIME:

1. UNSCHEDULED TRIPS

a. For unscheduled calls for service with a point of origin and destination within a 15-mile radius of the Buffalo VAMC, the driver must arrive at the requested point of pick-up within 45 minutes.

b. For unscheduled calls for service in all performance areas, the contractor shall deploy a driver with a vehicle equipped for the service requested within 30 minutes of receiving a call for service. If the Contractor fails to dispatch a vehicle for the requested service within 30 minutes, the VA reserves the right to obtain the service from another source. If a driver is not in route within 30 minutes, and the VA obtains the service from another source, the contractor will be held liable for any costs incurred in excess of the awarded contract price. The contractor must be capable of tracking the location of the driver in route. When requested, the location of the driver must be provided to the Travel Office personnel.

c. For all unscheduled trips requested between 5:00pm and 6:00am or on weekends or holidays, the contractor will be allotted an additional 15 minutes to the required response time.

2. SCHEDULED TRIPS

a. For trips scheduled in advance, in any location within the service area, the driver shall arrive at the patient’s place of origin within 15 minutes of the requested time. If the driver is more than 15 minutes late, the VA reserves the right to obtain the services from another source; the contractor will be held liable for any costs incurred in excess of the awarded contract price.

Response time will be monitored by the COR to ensure the contractor’s performance is within the acceptable levels. The contractor must also periodically monitor response times and make any necessary adjustments to ensure compliance with the required response times.

If the Veteran patient is not at the location, unable to be transported, or refuses to be transported, the contractor shall be reimbursed for a one-way trip only after VA has authorized contractor to leave without the beneficiary.

XIII. SUBCONTRACTING

The Contractor may subcontract as necessary to meet the full performance area requirements as outlined in this statement of work. VA terms and conditions shall be included in any subcontract with service providers. If subcontractors will be utilized, the information requested in the quote submission instructions in the addendum to 52.212-1 must be provided with quote submission. Due to the potential risk to Veteran safety, all contractors and subcontractors must have and maintain current New York State Operating Authority as well as any additional federal, state or local requirements to perform ambulette transportation. Throughout contract performance, substituting new subcontractors may only be used if approved by the Contracting Officer.

XIV. PATIENT RIGHTS, WELFARE AND SAFETY:

All drivers shall ensure the Veteran beneficiary is completely secured (fastened seat belts) prior to transport. The contractor shall immediately notify the COR or authorized government representative(s) designated in writing by the COR and/or CO of any vehicle breakdowns or other problems that can result in service disruption. Safety practices shall adhere to all applicable federal, state and local laws, rules, regulations and procedures as appropriate

The contractor shall be courteous to VA beneficiaries and shall not smoke, make personal phone calls, or play loud music while transporting patients. Patients may bring a reasonable amount of equipment, such as folding wheelchair, consumable medical supplies and personal suitcase.

The contractor shall immediately notify the VA of any incidents involving injury to VA patients during transport. The contractor shall promptly complete and submit to the COR or authorized government representative(s), an incident report which shall include all information necessary to provide a full and complete description of the facts.

The VA reserves the right to bar any driver from transporting VA beneficiaries should he/she violate any terms of this contract or deliver services in a manner that appears to threaten the safety of Veteran beneficiaries.

XV. PATIENT COMPLAINTS:

Receive and resolve complaints as follows:

a. Provide notice of any patient incident to the VA as soon as practicable and no later than within 24 hours after the contractor learns of the incident. Implement activities to monitor or circumvent like incidents in the future.

b. Communicate contractor activities and findings back to the complainant and the VA in a timely fashion. Undertake surveys, attend meetings and conferences, and prepare informational reports as requested.

XVI. REGULATION COMPLIANCE:

The contractor shall monitor and ensure that all work performed under this contract complies with, all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et. Seq.

The contractor is required to ensure all applicable federal, state and local laws and regulations are followed in performance of this contract. Including, but not limited to, laws and regulations relating to driver training and qualification requirements as well as vehicle specifications, inspections, maintenance and insurance. If necessary, the contractor may be subject to additional training provided by the VA specific to the needs of the veteran population. Any additional training will be coordinated with the COR and the contracting supervisor.

Only lawfully authorized ambulette services may be provided under this contract. Ambulettes must be in compliance with all New York State Department of Transportation (NYSDOT) licensure, inspection and operational requirements, including but not limited to those identified at Title 17 NYCRR §720.3(A).

Ambulette drivers must be qualified under Article 19A of the New York State Department of Motor Vehicles’ Vehicle and Traffic Law.

Maintain and inspect vehicle fleet in accordance with federal, state, local and manufacturer guidelines. Fleet records and maintenance logs should be on site, kept up-to- date, and available for immediate review by VA staff or designates.

The contractor shall provide, and update as appropriate, a list of drivers performing services under this contract.

The COR will monitor compliance as described in the attached Quality Assurance Surveillance Plan.

XVII. INVOICES AND REPORTING

Invoices shall be submitted monthly in arrears and must contain the following:

a. Veteran name

b. address of point of pick-up

c. time of pick-up

d. address of point of delivery

e. separate line items for standard rate, mileage and sum of costs

Invoices will be listed in order of transport date and contain total charges.

The contractor shall provide progress reports providing a written report of significant activities including problems encountered and how they were resolved, findings of quarterly reviews, and recommendations for actions as appropriate.

The contractor shall provide a safety and quality management report as incidents arise to include: accidents, complaints, and other issues, investigation of events, outcomes and recommendations.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The Price Schedule will be based on the unit prices of the awardee.

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

(End of Clause)

52.232-40

52.237-7

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

CONTINUITY OF SERVICES

DEC 2013

JAN 1991

C.2 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 throughout the period of performance.

(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.3 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 trip, 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 25 trips in one day;

(2) Any order for a combination of items in excess of 25 trips in one day; or

(3) A series of orders from the same ordering office within 1 day 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 1 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.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 01/31/2024 (or later if Contract period of performance begins after 02/01/2019).

(End of Clause)

C.5 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.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.7 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of Clause)

C.8 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause)

C.9 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.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting and FAR 52.219-6 Notice of Total Small Business Set-Aside.

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

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

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

(End of Clause)

C.11 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

(a) Indemnification. The Contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this contract. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the Contractor, and subject to the approval by the Contracting Officer, insurance coverage may be employed as guaranty of indemnification.

(b) Insurance. Satisfactory insurance coverage is a condition precedent to award of this contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers’ compensation and employer’s liability coverage will conform to applicable State law requirements for the service defined, whereas general liability and automobile liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder.

(End of Clause) C.12 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

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

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

(End of Clause)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(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; and

(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 at the current website address provided in the contract.

(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).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

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

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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 (Oct 2018) (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] [X] (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

[] (v) Alternate IV (AUG…