36C24423Q0698.docx

36C24423Q0698 Table of Contents

A.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4 Regional Procurement Office East 1010 Delafield Road Pittsburgh PA 15215

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

Page 1 of Page 1 of

STATEMENT OF WORK – WATER TESTING WILMINGTON VAMC

1.0 Purpose:

The Wilmington VAMC has a requirement for the collection and testing of potable and medical use water. The contractor shall certify that all samples are collected and delivered to a CDC Elite certified lab. All samples shall be taken in accordance with the below regulations as well as any regulation updates as per the CDC and AAMI standards for collection, during the performance of this contract.

2.0 Regulations

2.1 In addition to the CDC ELITE certification, the laboratory must have environmental microbiology accreditation by a nationally recognized accrediting body, such as Environmental Microbiology Laboratory Accreditation Program (EMLAP), National Environmental Laboratory Accreditation Program (NELAP)

2.2 International Standards Organization (ISO) 11133:2014 for water testing or as the requirements are amended.

2.3 Centers for Disease Control (CDC) water sampling protocol

2.4 American Dental Association (ADA)

2.5 Association for the Advancement of Medical Instrumentation (AAMI)

2.6 Environmental Protection Agency (EPA)

2.7 Safe Drinking Water Act (SDWA)

2.8 VHA Directive 1061, Prevention of Healthcare Associated Legionella Disease and Scald Injury from Water Systems

2.9 Applicable Delaware State and New Castle County, Delaware Regulations

3.0 Locations:

3.1 Main Hospital

1601 Kirkwood Highway Building 1 Wilmington, DE 19805 Description: Provides inpatient and outpatient services for veterans in areas: Emergency Department, Operating Rooms, Intensive Care Unit, Step down Units, Inpatient Units, Outpatient Clinics, Cooling Towers, and Maintenance Areas.

3.2 Community Living Center

1601 Kirkwood Highway Building 17 Wilmington, DE 19805 Description: Houses full-time residents in a nursing home setting and administration functions.

4.0 Scope:

4.1 The contractor is responsible for all labor, tools, and materials required for the collection, sampling, shipping, and testing of the tests, which are identified below.

4.1.1 The contractor is required to provide certified testing results to the Contracting Officer's Representative (COR) within 14 calendar days from the sampling date.

4.1.2 In the event that retesting is required, the contractor must be available to draw samples and begin retesting within 48 hours of notification.

4.1.3 Retesting is at the discretion of the COR and will be based on accurate findings at the same rate as the initial test.

4.1.4 Retesting resulting from inappropriate handling by contractor of samples or inaccurate testing procedures shall be done at no additional cost to the Government.

4.1.5 All other unscheduled services would be invoiced at the contracted price. Below are estimated amounts of tests per year.

4.1.6 For emergency testing, the contractor shall be available for sampling and analysis within 24 hours from the initial notification. Testing results shall be available to facility COR within 24-48 hours.

5.0 General Requirements:

5.1.1 In performance of this contract, the Contractor shall follow Medical Center safety policies and standards for safe work practices and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building.

5.1.2 Contractor is responsible for the supervision of all the employees while on government property.

5.1.3 It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in this contract. Provisions provided in the scope of work are not intended to relieve the Contractor of this responsibility.

5.1.4 VA Medical Centers are non-smoking facilities.

5.1.5 Contractor may not have access to the VA network or any VA sensitive information under this contract.

5.1.6 Contractor shall provide all items necessary for proper shipment of samples, to include, but not limited to, all collection bottles, shipping containers, labels, and ice packs. Samples shall be shipped by the Contractor via overnight shipping on the same day they are collected.

5.1.7 Use CDC guidelines for water sample collection and shipping. Testing should be performed within 24 hours of collection.

5.1.8 All reports to be submitted to COR within 14 calendar days from sampling date. Reports shall be submitted electronically to COR using the format below.

5.1.9 Medical Surveillance

5.1.9.1 For Tuberculosis: Review of all contract worker Tuberculosis (TB) screening requirements and options (reference VHA Directive 2011-036 Safety and Health during Construction). Contractor is required to annually certify all Contractors working on VAMC Wilmington have documented screening for latent Tuberculosis within the last 12 months and every 12 months thereafter while working in this medical center. If screening for latent Tuberculosis is positive, clearance from a physician is required prior to working at VA. The Contractor shall also be notified that anyone failing to meet these requirements is not permitted to work onsite and/or may be removed at any time without notice until these requirements are met.

5.1.9.2 For Influenza: Per VHA Directive 1192.01, Seasonal Influenza Vaccination Program, all Contractors working at VA are required to show documentation of annual seasonal Influenza vaccination.

5.1.9.3 For COVID-19: On August 13, 2021 VHA Directive 1193, mandating COVID-19 vaccines for Title 38 staff was recertified and expanded to include Hybrid Title 38, and Title 5 Department of Veterans Affairs (VA) health care personnel, which also includes VA volunteers and contractors. Effectively, this means that any Veterans Health Administration (VHA) employee, volunteer, or contractor who works in VHA facilities, visits VHA facilities, or provides direct care to those we serve will need to be vaccinated. Documentation of vaccines is required. NOTE: Acceptable documentation includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

6.0 Safety

6.1 The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements.

6.2 In performance of this contract, the Contractor shall follow VAMC Wilmington’s safety policies and standards for safe work practices and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. Contractor is responsible for the supervision of all the employees while on government property.

6.3 Prior to the commencement of the contract, the contractor shall submit to the COR, the Safety Data Sheets (SDSs) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract. The contractor shall maintain a copy of all SDSs at the chemical storage site in a location accessible to VAMC Wilmington personnel to assure compliance with all laws and requirements regarding the “Right to Know” law.

6.4 The contractor is responsible to identify, provide and maintain all personal protective equipment required to perform the duties outlined in the contract. In addition, the Contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required performing the work. Training on required safety programs and the proper use of PPE’s shall be provided and documentation maintained by the contractor.

7.0 Emergency Telephone Numbers

7.1 The Contractor shall provide to COR cellular numbers of project manager, in order to summon assistance in case an emergency develops. This information shall be provided in writing to the COR, at the contract commencement.

8.0 Injury or Accident

8.1 Contractor shall submit to COR a written report to the Wilmington VA Medical Center within five work (5) days of any incident of a major malfunction, accident or injury involving a contract employee or Wilmington VA Medical Center Employee. The report shall state the cause of event. Report shall state what repairs are required to correct the cause of the incident.

9.0 Hours/Days of work

9.1 Work required in the performance of this contract shall be conducted during the hours as outlined below:

9.1.1 Regular administrative working hours, 7:30 AM- 4:00 PM

9.1.2 Work shall not be conducted on Federal Holiday and shall be coordinated at least one month in advance of testing date.

10.0 Invoices and Payment

10.1.1 Invoices will be submitted monthly in arrears to the Government office designated in the solicitation and include the original and one copy.

10.1.2 Invoices shall indicate each system, building, and frequency for which work was performed.

10.1.3 Invoices shall reference the contract line item being billed.

11.0 Legionella Water Sampling:

11.1 Contractor to comply with VHA Directive 1061 (1) Amended September 26, 2022, Prevention of Healthcare Associated Legionella Disease and Scale Injury from Potable Water Distribution Systems.

11.2 On the day of each quarterly testing the contractor shall provide in writing (email is acceptable) the following information for the Sampling Technician:

11.2.1 Training Source

11.2.2 Date Training Completed (must be within 12 months of the date of sample and within the past year).

11.2.3 Date of Competency Evaluation

11.2.4 Name of Individual performing the competency evaluation

11.2.5 Any Restrictions

11.3 Laboratories that process the water samples for Legionella must be certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program or the Public Health England (PHE) Legionella External Quality Assessment (EQA) scheme as proficient at performing the culture of Legionella from environmental samples.

11.4 The ELITE Laboratories must also be able to determine if the Legionella detected in environmental samples is the species Legionella pneumophila serogroup 1, L. pneumophila serogroup 2-14, and non-pneumophila species).

11.5 Rapid testing methods, such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA), are not an accepted method under this contract for the detection of Legionella in environmental water samples. In addition, the laboratory must have environmental microbiology accreditation by a recognized accrediting program.

11.6 On a quarterly testing cycle, contractor shall collect water samples for testing from the cold and hot-water potable distribution system from Buildings (1 and 17). No test location shall be repeated at the (2) subsequent quarterly tests.

11.7 At least two samples from a pure cold-water source (e.g. ice machine), and if available two pure hot (no mixing valve present).

11.8 Provide updated spreadsheet documenting progressive sampling. Spreadsheet shall reflect each fixture test results required per statement of work. The date of the test will be inclusive on each line item. This spreadsheet shall be sent electronically in excel format with each submission.

11.9 Reporting Requirements

11.9.1 Legionella Testing Reports

11.9.1.1 All reports to be submitted to COR within 24 hours of final test from the lab. Reports shall be submitted electronically to COR.

11.9.1.2 Reports for VAMC Buildings 1 and 17 may be combined on the same report. Legionella reports for Building 1’s Cooling Tower should be separate.

11.9.1.3 Reports shall be submitted in pdf form.

11.9.1.4 Provide updated spreadsheet documenting progressive sampling.

11.9.1.5 Spreadsheet shall reflect each fixture test results required per statement of work. The date of the test will be inclusive on each line item.

11.9.1.6 This spreadsheet shall be sent electronically in excel format with each submission.

11.9.1.7 At the time of sampling, the contractor shall test and document the following for each sample:

11.9.1.7.1 Date and time of sample draw, date when sample received by lab, and date of sample analysis

11.9.1.7.2 Site Address

11.9.1.7.3 Name of person collecting sample

11.9.1.7.4 Laboratory and person responsible for performing analysis

11.9.1.7.5 Sample Number

11.9.1.7.6 Building Number

11.9.1.7.7 Floor number

11.9.1.7.8 Room Number

11.9.1.7.9 Source of Sample (fixture type)

11.9.1.7.10 Indicate if sample taken is to fulfill hot or cold requirement

11.9.1.7.10.1 Before or after mixing valve (or no mixing valve present)

11.9.1.7.11 Volume of sample drawn in mL

11.9.1.7.12 Actual Temperature of Water Sample

11.9.1.7.13 Level of residual biocide

11.9.1.7.14 pH

11.9.1.7.15 Level colony forming units

11.9.1.7.15.1 If applicable, Legionella pneumophila serogroup

11.9.1.7.15.1.1 Compliance – indicate if each test meets standards, as defined in VHA 1061

11.9.1.7.16 Submit Chain of Custody report with report.

11.9.1.7.17 Submit lab accreditation with each report

11.9.1.7.18 Each report will be a standalone report from those required under this contract.

11.10 Contractor shall measure corresponding temperature, pH, and biocide level at each test location.

11.11 First draw shall be for Legionella. Sample shall be collected immediately after opening the outlet without flushing water first.

11.12 Second draw shall be for biocide. After taking the sample for Legionella testing, collect the next immediate water sample (i.e. no flushing) to take the biocide residual reading.

11.13 Third draw shall be for temperature and pH. After taking the sample for the biocide reading, run the water for 60 seconds. Collect a water sample to measure water temperature and pH.

11.14 Volume is required to be at minimum 250 mL for each sample.

11.15 Several sample bottles of ice may be needed to ensure there is 250 mL once the ice is melted.

12.0 Sample Locations

12.1 The list provides an overview of the intended sampling locations. Sampling locations may be adjusted throughout the life of the contract, number of samples identified in the schedule shall not be exceeded, except by bilateral modification.

12.1.1 Contractor will sample an estimated (24) locations at the Community Living Center (CLC), Building 17.

12.1.1.1 Estimated (6) samples on the East Wing patient rooms – hot or cold (inclusive of showers and sinks) as determined by the COR.

12.1.1.2 Estimated (6) samples on the West Wing patient rooms – hot or cold (inclusive of showers and sinks) as determined by the COR.

12.1.1.3 Estimated (4) Samples each in Shower Rooms on East Wing – hot and cold.

12.1.1.4 Estimated (4) Samples each in Shower Rooms on West Wing – hot and cold.

12.1.1.5 Estimated (2) Samples in the Dining Area - hot and cold (inclusive of sinks)

12.1.1.6 Estimated (1) Sample from ice/water machine in the Dining Area.

12.2 Contractor will sample an estimated (20) samples at the Main Hospital, Building 1

12.2.1 Estimated (4) samples, 4th Floor East/West as determined by the COR (inclusive of showers and sinks)

12.2.2 Estimated (4) samples, 3rd Floor East/West- hot and cold (inclusive of sinks)

12.2.3 Estimated (1) sample, 2nd Floor Canteen Dining Area Soda Machine (water line)

12.2.4 Estimated (2) samples, 2nd Floor East/West hot and cold (inclusive of sinks)

12.2.5 Estimated (2) samples, 1st Floor Primary Care (inclusive of sinks)

12.2.6 Estimated (6) samples from ice machines in: 6 East, 5 East, 4 East, 3 West, 1 Center (Clinical Addition Primary Care), and Emergency Department.

12.2.7 Estimated (1) sample, HVAC Cooling Tower incoming line from HVAC Shop, Room 128.

13.1 Report Requirements

13.1 The contractor shall document during sampling the following for each sample to be included in the final report.

13.2 Date and time

13.2.1 Name of person collecting sample

13.2.2 Laboratory and person responsible for performing analysis

13.2.3 Sample Number

13.2.4 Building Number

13.2.5 Floor number

13.2.6 Room Number

13.2.7 Source of Sample (fixture type)

13.2.8 Volume of sample drawn in mL

13.2.9 Indicate if sample taken is to fulfill hot or cold requirement

13.2.10 Actual Temperature in Fahrenheit of Water Sample

13.2.11 Level of residual biocide

13.2.12 pH Level

13.2.13 Level colony forming units

13.2.14 Legionella pneumophila serogroup

13.2.15 Compliance – indicate if each test meets standards, as defined in VHA 1061

13.2.16 Submit Chain of Custody report with report.

13.3 Submit Lab accreditation with each report

13.3.1 In the final report, the contractor will provide the following certification information for the technician that collected the samples:

13.3.1.1 Technician Name

13.3.1.2 Technician Occupation

13.3.1.3 Training Source

13.3.1.4 Initial Training Date

13.3.1.5 Recent Evaluation Date (Must be within 1 year of sampling)

13.3.1.6 Competency Evaluation Trainer

13.3.1.7 Restrictions of Technician

13.3.1.8 Each Report will be a standalone report from those required under this contract.

14.0 Additional sampling due to positive test results:

14.1 In the event that retesting is required, the contractor must be available to draw samples and begin retesting within 48 hours of notification.

14.2 Retesting is at the discretion of the COR and will be based on accurate findings at the same rate as the initial test.

14.3 Retesting resulting from inappropriate handling by contractor of samples or inaccurate testing procedures shall be done at no additional cost to the Government.

14.4 Notify the COR immediately if any test falls outside limits via email and direct phone call.

15.0 Cooling Tower Sampling:

15.0.1 At least every 90 days (while in operation), the contractor shall collect two water samples for the Cooling Towers (chillers) indicated below for a tot. Samples must be tested for Legionella, biocide level, temperature, and pH. Samples must be collected 7 days from startup of a Cooling Tower.

15.0.2 Sampling results shall be documented in the following exampled format:

15.0.2.1 Sample size is to be 250 mL.

15.0.2.2 Samples must be cultured, not PCR tested.

15.0.2.3 Samples are on a common header, therefore only one sample is required.

16.0 Potable Water Tank Sampling:

16.1 At least every 90 days (while in operation), the contractor shall collect two water samples for each of the three internal Potable Water Storage Tanks indicated below for a total of six (6) samples per quarter. Samples must be tested for Legionella, biocide level, temperature, and pH. Samples must be collected 7 days from startup of a Cooling Tower.

16.2 The contractor shall document during sampling the following for each sample to be included in the final report.

16.2.1 Date and time

16.2.2 Name of person collecting sample

16.2.3 Laboratory and person responsible for performing analysis

16.2.4 Sample Number

16.2.5 Building Number

16.2.6 Floor number

16.2.7 Room Number

16.2.8 Source of Sample (fixture type)

16.2.9 Volume of sample drawn in mL

16.2.10 Indicate if sample taken is to fulfill hot or cold requirement

16.2.11 Actual Temperature in Fahrenheit of Water Sample

16.2.12 Level of residual biocide

16.2.13 pH Level

16.2.14 Level colony forming units

16.2.15 Legionella pneumophila serogroup

16.2.16 Compliance – indicate if each test meets standards, as defined in VHA 1061

16.2.17 Submit Chain of Custody report with report.

17.0 Submit Lab accreditation with each report

17.1 In the final report, the contractor will provide the following certification information for the technician that collected the samples:

17.1.1 Technician Name

17.1.2 Technician Occupation

17.1.3 Training Source

17.1.4 Initial Training Date

17.1.5 Recent Evaluation Date (Must be within 1 year of sampling)

17.1.6 Competency Evaluation Trainer

17.1.7 Restrictions of Technician

17.1.8 Each Report will be a standalone report from those required under this contract.

17.2 Samples

17.2.1 Bldg. 1, (3) Potable Water Tanks located on the 10th Floor Mechanical Space.

17.2.2 Volume is required to be at minimum 250 mL for each sample.

17.2.3 Samples must be cultured, not PCR tested.

17.2.4 Samples are on a common header, therefore only one sample is required.

17.3 Report Requirements

The contractor shall document during sampling the following for each sample to be included in the final report:

17.3.1 Date and time

17.3.2 Name of person collecting sample

17.3.3 Laboratory and person responsible for performing analysis

17.3.4 Sample Number

17.3.5 Building Number

17.3.6 Floor number

17.3.7 Room Number

17.3.8 Source of Sample (fixture type)

17.3.9 Volume of sample drawn in mL

17.3.10 Indicate if sample taken is to fulfill hot or cold requirement

17.3.11 Actual Temperature of Water Sample

17.3.12 Level of residual biocide

17.3.13 pH

17.3.14 Level colony forming units

17.3.15 Legionella pneumophila serogroup

17.3.16 Compliance – indicate if each test meets standards, as defined in VHA 1061

17.3.17 Submit Chain of Custody report with report.

17.3.18 Submit Lab accreditation with each report

17.3.19 Each Report will be a standalone report from those required under this contract.

17.4 Additional sampling due to positive test results:

17.4.1 In the event that retesting is required, the contractor must be available to draw samples and begin retesting within 48 hours of notification.

17.4.2 Retesting is at the discretion of the COR and will be based on accurate findings at the same rate as the initial test.

17.4.3 Retesting resulting from inappropriate handling by contractor of samples or inaccurate testing procedures shall be done at no additional cost to the Government.

17.4.4 Notify COR immediately if any test falls outside limits via email and direct phone call.

18.0 Dental Chair Heterotrophic Plate Count Sampling:

18.1 Dental unit waterlines (i.e., plastic tubing that carries water to the high-speed handpiece, air/water syringe, and ultrasonic scaler) promote bacterial growth and development of biofilm due to the presence of long narrow-bore tubing, inconsistent flow rates, and the potential for retraction of oral fluids. Dental health care personnel and patients could be placed at risk of adverse health effects if water is not appropriately treated.

18.2 The contractor is responsible for all labor, tools, and materials required for the collection, sampling, shipping, and testing of the samples, Dental Waterline testing for Bacteria Heterotrophic Plate Count. Waterline testing is to be accomplished by a laboratory certified (EPA or state) to perform environmental testing.

18.3 The contractor shall collect water samples for testing from each dental chair waterline. The contractor shall use Heterotrophic Plate Count. The laboratory will provide a report indicating the analytical results for each sample submitted. Results will be calculated in terms of colony forming units (CFU/mL).

18.4 The contractor will draw samples for laboratory analysis between the hours of 11:00 AM and 1:00 PM. under the supervision of VA Medical Facility Support Personnel. Actual date and chairs to be sampled and tested will be given to the contractor in advance depending on dental workload.

18.5 Contractor shall coordinate with COR prior to each sampling event to verify sampling time is acceptable for the Dental Clinic. Contractor shall provide estimate time to COR 2 weeks prior to ensure enough time is provided for validation of testing time with Dental Clinic.

18.6 Contractor shall analyze Dental Clinic water samples received using EPA-approved analytical water testing procedures. Samples shall be processed and tested by a National Environmental Laboratory Accreditation Program (NELAP) accredited laboratory. Test results shall be provided in the Contractor’s database.

18.7 There are eleven (11) dental chairs located on sixth floor, Building # 1, 1601 Kirkwood Highway, Wilmington, DE 19805.

18.8 Contractor to develop a schedule to ensure each chair and associated equipment is tested every (3) months which should be concurrent with the quarterly Dental HPC Testing. Provide schedule to COR.

18.9 Eleven (11) dental chairs will be sampled and tested as defined below for a total of 60 samples per quarter. Test each line separately. Remove all handpieces and any other equipment reprocessed by Sterile Processing Services (SPS) before drawing samples from the lines. Air-water syringe tips should be removed. The air-syringe, if not changed between patients (example if barrier and disinfection is accomplished by dental personnel), should remain on the line while drawing the sample.

18.9.1 (11) each Air/Water Syringes on Bracket Trays, Position 1

18.9.2 (11) each High-speed Lines on Bracket Trays, Position 4

18.9.3 (11) each High-speed lines on Bracket Trays, Position 5

18.9.4 (11) each Air/Water Syringes on Assistant Arm, Position 1

18.9.5 (11) Cavitron Under Chair Port

18.9.6 (3) Portable Cavitron Water Devices

18.9.7 (1) Incoming Water Line, Room 6037

18.9.8 (1) Additional HPC Test in the Dental Area TBD by COR at time of sampling.

18.10 Report Requirements

18.10.1 The contractor shall provide the following from the time of sampling:

18.10.1.1 First and Last Name of person collecting sample

18.10.1.2 Date and time

18.10.1.3 Identification of the sample

18.10.1.4 Location of where the sample is taken

18.10.1.5 Building number, room number, and chair number

18.10.1.6 Volume of sample drawn

18.10.2 The contractor shall provide the following from the time of sampling:

18.10.2.1 Laboratory and person responsible for performing analysis

18.10.2.2 Analytical technique/method used

18.10.2.3 Results of analysis in Colony Forming Units per mL

18.10.2.4 Date of analysis

18.10.2.5 Level colony forming units per mL

18.10.2.6 Submit Chain of Custody report with report

18.10.2.7 This report will be a standalone report form those required under this contract.

19.0 Additional sampling due to positive test results:

19.1 In the event that retesting is required, the contractor must be available to draw samples and begin retesting within 48 hours of notification.

19.2 Retesting is at the discretion of the COR and will be based on accurate findings at the same rate as the initial test.

19.3 Retesting resulting from inappropriate handling by contractor of samples or inaccurate testing procedures shall be done at no additional cost to the Government.

19.4 Notify COR immediately if any test falls outside limits via phone and email.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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)

C.2 52.216-18 ORDERING (AUG 2020)

(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 -To be provided upon contract award- through -To be provided upon contract award-.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 -To be provided upon contract award, 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 -To be provided upon contract award-;

(2) Any order for a combination of items in excess of -To be provided upon contract award-; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 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 -To be provided upon contract award-.

(End of Clause) C.5 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause) C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(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 802.201, Surviving Spouse definition);

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; 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 parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘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).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. 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.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, 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 part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) 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 otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

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

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to 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.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.8 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…