36C24420Q0230-001.docx

36C24420Q0230

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

36C24420Q0230 01- -2020 Bradley Fasnacht | Bradley.Fasnacht2@va.

717-228-5959 02-06-2020 11:59 pm est 00244 Department of Veterans Affairs Network Contracting Office 4 Lebanon Veterans Affairs Medical Center 1700 South Lincoln Ave Lebanon, PA 17042 Bradley Fasnacht | Contract Specialist

717.228.5959 | Bradley.Fasnacht2@va.gov X X 722310 $41.5 Million N/A X Department of Veterans Affairs Snyder House 1425 Snyder Avenue Philadelphia, PA 19145

00244 Department of Veterans Affairs Network Contracting Office 4 Lebanon Veterans Affairs Medical Center 1700 South Lincoln Ave Lebanon, PA 17042

Refer to VAAR: 852.232-72 Electronic Submission of Payment Req https://www.fsc.va.gov/einvoice.asp

See CONTINUATION Page This solicitation is for Food Services at the Corporal Michael J. Crescenz VA Medical Center's Snyder House.

This procurement is being completed in accordance with Indefinite Delivery (ID): Requirements Contract.

All invoicing will be against Task Orders placed against the ID:R Contract.

Anticipated award effective date is 1 April 2020.

Anticipated award expiration date is 31 March2025.

Service Contract Act WD# 2015-4233 Revision# 14.

A continuation of the description of services can be found in section "B.2 Performance Work Statement".

See CONTINUATION Page X 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 36C244 Department of Veterans Affairs Network Contracting Office 4 Lebanon Veterans Affairs Medical Center 1700 South Lincoln Ave Lebanon, PA 17042

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.

Refer to VAAR: 852.232-72 Electronic Submission of Payment Req https://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

STATEMENT OF WORK

FOOD SERVICES

Philadelphia VA Medical Center’s Snyder House

DESCRIPTION:

The Contractor shall provide three (3) meals a day, seven (7) days a week to include all holidays for the resident population that is expected to fluctuate, the contractor shall expect to prepare and serve approximately thirty (30) to forty (40) residents for all meals. All meals provided shall meet the nutritional requirements as stated within this Statement of Work as well as required by Doctor’s orders for restricted and/or special diets.

PLACE OF PERFORMANCE:

Department of Veterans Affairs Snyder House 1425 Snyder Avenue Philadelphia, PA 19145

SERVICES:

The contractor shall furnish all personnel, food and beverages necessary to prepare meals as described below for residents of the "Snyder House" Philadelphia VA Medical Center, Residential Rehabilitation Treatment Program (RRTP). All equipment necessary for food preparation, cooking, heating, and refrigeration equipment, and tools will be provided to the Contractor as Government Furnished Material. Additionally, all pots, pans, serving utensils, cups, dishes, forks, spoons, knives, trays, trash containers, will also be provided by the Government.

PERFORMANCE REQUIREMENTS:

The Contractor shall be responsible for providing the following meals:

Breakfast:

Breakfast will consist of a continental breakfast and full hot breakfast and shall be served every day, including all weekends and holidays.

Prepared and placed in buffet tables by 6:45 am each day. Break down and cleanup of breakfast will start at 8:00 am.

(Note: All boxed lunches for the day shall be prepared with breakfast)

Continental Breakfast:

A continental breakfast shall consist of a combination of the following: fresh fruit, assorted cold cereals with some of them being sugared, some non-sugared, and some low sodium; assorted varieties of Danish; assorted varieties of Bagels; bread for toasting; butter; assorted jelly flavors; milk and yogurt.

Full Hot Breakfast:

A full hot breakfast shall consist of hot, nutritious entrée’, starch, cereal, fruit or juice, hot/cold beverage and appropriate condiments.

Lunch:

Lunch will be served every day, including all weekends and holidays, with a full lunch prepared for the residents eating at the RRTP and boxed lunches provided for those who will be off-site at lunch time.

Prepared and placed in buffet tables by 11:15.am each day. Break down and cleanup of lunch will start at 12:30 pm.

Full Lunch:

A full lunch shall consist of nutritious, hot food or cold platter to include entrée', starch, vegetable, salad, fruit, dessert, hot/cold beverage and appropriate condiments.

Boxed Lunch:

A boxed lunch shall consist of the same items that are delivered for that lunch's regular hot meal/cold platter; however, they must be delivered in a sanitized container that can be refrigerated and then reheated in a microwave oven. The contractor shall also provide the microwave cooking time needed for proper reheating. A packaged drink must accompany the meal.

Dinner:

A full dinner will be served every day, including all weekends and holidays, and boxed dinners shall also be prepared for residents unable to return in time for dinner.

Themed dinner meals will be prepared on the following Holidays:

The Fourth of July, Thanksgiving and Christmas.

Consultation with RRTP Government personnel will take place prior to these holidays in order to definitize the meal content on these occasions.

Dinner shall be prepared and placed in buffet tables by 4:45 pm each day. Break down and cleanup of dinner will start at 6:00 pm.

Full Dinner:

A full dinner shall consist of nutritious, hot food or cold platter to include entrée, starch, vegetable, salad, fruit, dessert, hot/cold beverage and appropriate condiments.

Boxed Dinner:

A boxed dinner shall consist of the same items that are delivered for that dinner's hot meal/cold platter', however they must be delivered in a sanitized container that can be refrigerated and then reheated in a microwave oven. The contractor shall also provide the microwave cooking time needed for proper reheating. A packaged drink must accompany the meal.

DETAILED PERFORMANCE REQUIREMENTS:

1. On 1 April 2019, Contractor shall provide the 30-day Meal plan to the RRTP for acceptance.

2. Services for breakfast, lunch and dinner shall start 1 May 2019.

3. All meals shall meet the Federal Recommended Dietary Allowance (RDA) requirements with a fat content of 30% or less.

4. Meals shall be prepared in large trays that will fit the equipment outlined in the "Government Furnished Materials." section of this Statement of Work.

5. All meals will accommodate a variety of dietary requirements.

6. The Contractor shall be serving all of the meals "cafeteria style

7. At each meal, the contractor is responsible for determining and providing sufficient quantities of appropriate condiments (mustard, ketchup, hot sauce, relish, salt, salt-substitute, pepper, sugar, sugar-substitute, etc.).

8. For residents with restricted or special diets, individual meals may be prepared for them in order to meet their special dietary and nutritional needs. RRTP staff will provide these dietary requirements to the contractor at least one-day prior, with the exception of same day admissions or changes in Doctor's orders. In those cases, RRTP will provide this notification as soon as possible, but at least two (2) hours prior to mealtime.

9. The individual trays used by residents to carry their plates and drinks shall be placed in a particular designated area of easy access for the residents.

10. Contractor will provide a copy of the menu cycle and tally sheets at least two weeks in advance of the actual project start-up.

11. The contractor shall furnish to the RRTP, 30 days in advance, a varied lunch and dinner menu, with at least a three (3) week meal cycle (meals must not be repeated during the cycle). The menu for the regular meals and the restrictive diet meals will be reviewed and approved in writing by a Philadelphia VA Medical Center Registered Dietician.

12. The contractor must designate a person who shall provide oversight to individuals working on this contract to ensure all requirements are met. This person must also be the point of contact for the VA facility technical POC.

13. The RRTP will provide the food trays which will be used by the residents to hold their plates, cups/glasses through the line and to carry their meal to their tables. The contractor will wash and sanitize the used trays, dishes, glasses, serving utensils and all cooking supplies.

14. All food shall be placed in large serving trays which must fit into the hot and cold buffet tables supplied by the RRTP. The contractor must place the trays into the buffet tables, and also must place miscellaneous items requiring refrigeration (such as beverages, etc.) into the chilled serving cabinet located in the dining area adjoining the serving area.

15. The contractor shall meet or exceed the nutritional care requirements set forth by the Joint Commission in the Comprehensive Accreditation Manual for Hospitals.

16. The contractor shall provide a menu cycle that will meet the following dietary requirements as needed when ordered by RRTP:

Diets Regular* Other Expectations:

At least 2400 Calories and 90 Grams Protein

90 Grams Protein;

Moist Ground Meats; Soft Fruits and Vegetables; Requires no use of Teeth

17. Contractor will furnish tally (production) sheets, menus, and summary of the nutrient analysis of the regular and modified menus. Contractor must provide tally sheets for both hot and cold items. These batched daily tally sheets for the month must be provided by the fifth (5th) working day of the following month.

18. The contractor agrees to prepare meals in a manner that meets all Federal, State and Local health standards, and assures that all health and sanitation requirements will be met at all times.

a. All food products, including spices must be labelled with a an opened/cooked date and an expiration date.

b. Spices must be labelled with an expiration date

19. Contractor must post any and all state certifications at the preparation facility.

20. Canned items will be opened by contractor and placed in storage containers with lids. The containers will be dated.

21. RRTP staff will submit a meal census to the Contractor by 2:00 pm each day for the following day's count of meals needed.

22. When meals are prepared, contractor will provide a summary sheet of the contents of meals prepared, and number of persons intended to be fed.

GENERAL INFORMATION:

Quality Control:

The contractor shall monitor its employees' performance and, based upon the results of such monitoring, shall establish performance improvement activities to assure employee efficiency and knowledge, and also to ensure employees are performing their duties in a manner consistent with all federal, state, and local rules and regulations, and as set forth by applicable regulatory agencies and this contractual agreement.

The contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the contractor shall be maintained and made available to the Government during contract performance and at least three (3) years after contract completion. The Government has the right to inspect and test all services called for by this contract, to the extent practicable, on all items and at all places of production during the term of the contract. The Government shall make every effort to perform inspections and tests in a manner that will not unduly delay the contractor's work performance.

Quality Assurance:

If the Government performs inspections or tests on the premises of the contractor, the contractor shall furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties.

Contractor Staff Information:

Uniforms:

All employees shall wear contractor provided uniforms, (contractor code of dress), which include pants, shirts or blouses, and protective clothing which are clearly distinguishable from other VAMC uniforms currently in use. The uniform will be worn as designed by the manufacturer. Open toe shoes or sandals will not be worn. A basic leather shoe covering the entire foot is recommended. All personnel will display identification badges on their uniforms, which will show the employee’s last name and the contractor’s full name.

Personal Hygiene:

Contractor’s personnel shall be clean, bathe daily (including hair), and wear a clean uniform daily. Fingernails will be clean and free of dirt. Hair will be neatly trimmed and combed.

Security Requirements:

The contractor’s FSEs (employees) shall wear visible identification at all times while on the premises, It is the responsibility of the contractor to park in the appropriate designated parking areas. The Department of Veterans Affairs will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited on VA grounds. Possession of weapons is prohibited. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Damage:

Extreme caution shall be exercised to prevent damage to the building and its contents. Any damage must be reported to the COR immediately for appropriate action. Any damage caused by the contractor will be repaired and or replaced to the satisfaction of the VA at the contractor’s expense.

Damage to the building, its contents or loss of government property, in access of $100,000 will require a Report of Survey or Investigation Report by the VACC. Appropriate Government personnel will conduct the investigation. The responsible party will be required to replace and/or submit payment for damage or loss.

Access (Keys):

If the COR provides keys for access, it shall be the Contractors responsibility to safe guard and control keys provided.

GOVERNMENT FURNISHED MATERIALS (GFM):

Department of Veterans Affairs regulations contain the basic procedures for the operation, maintenance and protection of property. The primary regulations and related procedures to be followed by the Contractor are listed below. Proposed changes to the basic procedures must be approved by the Contracting Officer or authorized representative and must be incorporated by modification into this contract.

1. Accountability for government furnished materials:

All materials, supplies, equipment, and property furnished by the Government under this contract shall remain the property of the Government.

2. Use of govt. Property:

Government property shall be used for official Government business only in the performance of this contract. Government property will not be used in any manner for personal advantage, business gain, or other personal endeavor by the Contractor or the Contractor's employees.

3. Safeguarding of government property:

The contractor shall take all reasonable precautions, as directed by the Government, or in the absence of such direction, or in accordance with sound industrial practices, to safeguard and protect Government property. Under no circumstances shall the Contractor remove any GFM from the place of performance (Snyder House).

4. Malfunction of government property:

The Contractor shall be responsible for reporting to the facility technical POC the malfunctioning of any Government equipment used by the Contractor or the Contractor's employees.

END OF STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Food Services in accordance with the Statement of Work

ESTIMATED 5 YEAR GRAND TOTAL

B.4 DELIVERY SCHEDULE

Delivery of all services for this contract will be coordinated by the Government and awarded contractor via Task Orders placed against the awarded ID:R Contract.

Page 1 of Page 1 of

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 Contract effective date through Contract compeletion date.

(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 $10.00, 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 TBD;

(2) Any order for a combination of items in excess of TBD; or

(3) A series of orders from the same ordering office within TBD 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 TBD 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 Contract compeletion date.

(End of Clause)

C.4 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond the currenrt Order funding. 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 the currenrt Order funding, 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.5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.6 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 the experation of the Contract.

(End of Clause)

C.7 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.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

(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 802.101, 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 part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(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 eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

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

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

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

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

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

(End of Clause)

C.10 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.11 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)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: ATTACHMENT A PAST PERFORMANCE QUESTIONAIRE Example.

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/);

(ii) Quick Search (http://quicksearch.dla.mil/);

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available…