36C24423Q0850 - Altoona Ambulance Transportation Service.docx

Solicitation Number / RFQ – 36C24423Q0579 Ambulance Transportation Services Altoona VAMC, PA

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This Solicitation is being issued as Request for Quote (RFQ) 36C24423Q0579. The government anticipates awarding one five-year firm-fixed price Indefinite Delivery / Indefinite Quantity (IDIQ) contract resulting from this solicitation. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-02 (3/16/2023) and can be found at FAR | Acquisition.GOV

The North American Industrial Classification System (NAICS) code for this procurement is 621910 with a small business size standard of $22.5 Million dollars annually (yearly). This solicitation is a 100% Small Business (SB) Set-Aside.

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information is at www.sam.gov. Confirmation of SAM registration will be validated prior to awarding one IDIQ.

The Altoona VA Medical Center (VAMC) is seeking one, five-year Indefinite Delivery / Indefinite Quantity (IDIQ) for Ambulance Transportation Services described in the attached Performance Work Statement (PWS). The Contractor shall provide services in accordance with the PWS, Attachment A.

The Altoona VAMC intends to award one five-year Indefinite Delivery / Indefinite Quantity (IDIQ) for a 5-year period of performance with the approximate start date of 1 September 2023.

A complete description of the services to be acquired, and/or applicable Government need(s) as follows:

See Attachment A: Performance Work Statement.

Contracting Office Address:

Department of Veterans Affairs Regional Procurement Office East Network Contracting Office 4 (NCO 4) Coatesville VAMC 1400 Blackhorse Hill Road Coatesville, PA 19320

Quotes in response to this RFQ are due on 9:00 AM EST, ThurTuesdaysday, July 18, 2023. They shall be submitted in writing and sent via email to Cynthia Laemmerhirt at cynthia.laemmerhirt@va.gov. Please insert “Solicitation Number 36C24423Q0579 - Ambulance Transportation Services” in the subject line of your email. All submissions shall be 5MB or less. If the email is more than 5MB, submit multiple emails labeling them 1 of XX, 2 of XX, etc. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation shall be forwarded in writing via e-mail to the Contracting Specialist by 9:00 AM EST, Tuesday, July 11, 2023. Questions will not be accepted after this date. Responses to vendor question(s) will be posted via an amendment on SAM.gov.

See Attachment C: Price/Cost Schedule. Fill out Attachment C and send with your quote.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Addendum to FAR 52.212-1 Supplemental Instructions to Offerors applies to this acquisition:

Provision FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023) applies to this acquisition.

For the purposes of evaluating competing quotes, Quoters shall submit quotes that include the following documentation:

Submission Information/Instructions:

Offerors shall submit their quote in four volumes. Volume 1 Introductory, Volume 2 Price, Volume 3 Technical Capability, and Volume 4 Past Performance. Failure to follow these instructions may result in Offerors being determined as non-responsive and be removed from this competition.

All Adobe and MS Word documents shall be submitted with Times New Roman size 12 fonts. Margins shall be no smaller than 1”.

A. Volume 1 Introductory Folder (No Page Limit):

The Introductory Folder shall include the information listed below and any other items for which a location has not otherwise been specified.

a. Cover Letter. Offerors shall submit a cover letter identifying their Company name, contact information, CAGE Code, UEI number of the prime and any teaming partner/subcontractor.

b. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items.

Offerors shall include a completed copy of the provision with their offer if the Offeror has not completed electronically in the System for Award Management (SAM) accessed through ttps://www.sam.gov/SAM/.

c. All proposals shall be valid for at least 60 days from the quote response date.

B. Volume 2 – Price Offerors shall complete the Price/Cost Schedule. See Attachment C.

C. Volume 3 - Technical Capability/Subcontracting Plan – (No Page Limit):

Offerors shall submit a Technical Capability which shall address the following at a minimum:

Offerors shall submit a Technical Capability Statement which shall address the following:

Technical Subfactor 1: Credentialing and Licensing

a. Provide your plan to ensure drivers and EMTs are credentialed and licensed in accordance with requirements as stated in the Performance Work Statement (Paragraph 5.2).

b. Provide your plan to ensure Contractor vehicles are properly licensed and meet minimum requirements as stated in the Performance Work Statement (Paragraph 5.6.2).

c. Provide your plan to ensure Contractor businesses are properly licensed and meet minimum requirements as stated in the Performance Work Statement (Paragraph 5.6.2).

d. Must be willing to sign a Local Business Associate Agreement (BAA) (Attachment E) or provide a copy of a National BAA.

*Please insert your business name on all highlighted areas, unhighlight, and sign last page.

**Not required if you have a National BAA.

Offerors shall provide the following documents with their Offer:

e. Copy of applicable licenses already issued to your firm.

f. Copy of business license

g. Copy of Pennsylvania Public Utility Commission (PA PUC) Certificate of Public Convenience

h. Copy of business / vehicle insurances Technical Subfactor 2: Communication Systems

i. Provide your plan to ensure you meet various response times as described in the PWS requirements. (Paragraph 5.9)

j. Provide a description of your communication system (i.e., cell phone, computer, etc.) and capability of real time communication for patient tracking purposes. The Offeror shall provide a step-by-step description of the workflow process used to execute each call for service starting with Government notification. (Paragraph 5.7)

k. Explain how you maintain sensitive data / Veteran information.

l. Describe your organizations communication and transportation plans to handle emergency transportation request during inclement weather to ensure required response times are met.

m. Provide a copy of your Quality Control Program.

Under no circumstances shall pricing information be included in the Technical Capability.

D. Volume 4 - Past Performance – (No Page Limit)

Quoters shall provide up to three (3) references demonstrating experience providing the services required in the PWS, preferably of Government work, performed in the last three (3) years. Past performance information shall be recent (performance within the last three years) and relevant to this scope of work. All past performance references shall be completed by the evaluator. The evaluator shall submit Past Performance Questionnaire (Attachment F) directly to the Contract Specialist at Cynthia.Laemmerhirt@va.gov prior to solicitation closing date. The apparent awardees past performance will be evaluated as part of the contractor responsibility determination to ensure the presence of an acceptable performance record in accordance with FAR 9.104-1. The Government reserves the right to seek past performance information from any sources not included in your past performance and available to the Government to include, but not limited to, CPARS or other databases; interviews with Program Managers, customers, and Contracting Officers; and references provided by the contractor.

This RFQ will result in the award of a five (5) year Firm Fixed Price IDIQ. Quotes shall include pricing that represents the vendors best offer and discounts. All pricing is final. Vendors should consider that requests for price adjustment will be denied, except for price adjustments allowed through Service Contract Act Clauses such as FAR 52.222-43. Pricing structures should include the vendors adjustments for normal economic inflation for the entirety of the five (5) year ordering period.

Quoters are cautioned to be responsive to all requirements in the PWS and to provide sufficient information to allow for evaluation of the quotes.

Service Contract Act Wage Determination apply and can be found in Attachment D.

FAR 52.212-2 Evaluation Commercial Items (Nov 2021) applies to this acquisition:

Addendum to FAR 52.212-2: Evaluation Approach/Process

The Government will perform an evaluation using a comparative evaluation of each quote. The Government will compare quotes to one another to select quote that best benefits the Government by fulfilling the requirement. Comparative evaluation will be conducted in accordance with FAR 13.106-2(b)(3). The following factors shall be used to evaluate Quoters:

The Government will award one, five-year firm-fixed price Indefinite Delivery / Indefinite Quantity (IDIQ) resulting from this RFQ to the responsible Quoter whose quote conforming to the RFQ is most advantageous to the Government. The Government will evaluate technical capability, past performance, and price.

The Government will perform a comparative evaluation (comparing offers to each other) to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation. Quoters should provide documentation with their quote that demonstrates their technical capability. The documentation should, at a minimum, demonstrate that the contractor is able to provide all the requirements listed within the Performance Work Statement. Additional capabilities above the minimum may also be included and may be reviewed by the Government by completing a one-to-one comparison of the quotes to each other. If the Government determines that there will be a benefit in selecting the contractor that exceeds the minimum requirements, the Government has the discretion to accept the other than lowest priced quote that provides additional benefits to the Government. This Comparative Evaluation will be conducted in accordance with FAR 13.106-2(b)(3).

A written notice of award or acceptance of a quote, mailed, or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding IDIQ without further action by either party. Before the offer's specified expiration time, the Government may accept a quote, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The Contracting Officer will award one, firm fixed price IDIQ resulting from this RFQ to the responsible Quoter whose quote conforming to the RFQ is most advantageous to the Government.

Failure to follow these instructions may result in quoters being determined as non-responsive and will be removed from competition.

Provisions included in this solicitation in full text:

A.1 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

A.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

A.3 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price, IDIQ contract resulting from this solicitation.

(End of Provision)

A.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Emailing Address:

Cynthia Laemmerhirt – cynthia.laemmerhirt@va.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

A.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

(End of Provision) Comment by Pellak, Justin W.: Suggest removing Renamed to End of Provision

A.6 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision) Provisions listed by reference

852.233-70

852.239-75

PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE

OCT 2018

FEB 2023

(End of Addendum to 52.212-1) Comment by Pellak, Justin W.: Suggest removing, is this all really the addendum to 212-1?

Is this now in the appropriate place now that it is moved?

Clauses included in this solicitation in by-reference text:

A.7 FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022). Quoters shall include a completed copy of the provision with their quote if the Quoter has not completed electronically in the System for Award Management (SAM) accessed through https://www.sam.gov/SAM/.

A.8 FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Services (DEC 2022)

A.9FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2023).

The following subparagraphs are applicable:

Subparagraph b 1/2/4/7/8/9/14/16/19/22(i)/27/29/30(i)/31(i)/32/33/34/36/44/47(i)/51/58. Subparagraphs c 1/2/4/7/8.

(End of Clause)

Clauses included in this solicitation in full text:

A.10 MANDATORY WRITTEN DISCLOSURES Comment by Pellak, Justin W.: Suggest moving all provisions above the clauses as that is a more logical flow Comment by Laemmerhirt, Cynthia A.: is this the flow you are looking for?

Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.

A.11 52.216-18 ORDERING (AUG 2020) Comment by Laemmerhirt, Cynthia A.: you are looking to have the -18, -19, and -22 all the way down here? Just asking for clarification.

(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 September 1, 2023, through August 31, 2028.

(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)

A.12 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 $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $300,000.00;

(2) Any order for a combination of items in excess of $1,500,000.00; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 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)

A.13 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 August 31, 2029.

(End of Clause)

A.14 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

A.15 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023)

(a) Definition. As used in this clause, ‘‘contract’’ means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101.

(b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required—

(1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or business associate, disclose sensitive personal information to any other person unless the disclosure is lawful and is expressly permitted under the contract; and

(2) The Contractor, subcontractor, their employees or business associates shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) of any security incident that occurs involving sensitive personal information.

(c) Liquidated damages. If the Contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $37.50 per affected individual in order to cover costs related to the notification, data breach analysis and credit monitoring. In the event the Contractor provides payment of actual damages in an amount determined to be adequate by the Contracting Officer, the Contracting Officer may forgo collection of liquidated damages.

(d) Purpose of liquidated damages. Based on the results from VA’s determination that there was a data breach caused by Contractor’s or any of its agents’ failure to protect or otherwise engaging in conduct to cause a data breach of VA sensitive personal information, and as directed by the Contracting Officer, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of [] per affected individual to cover the cost of the following:

(1) Notification related costs.

(2) Credit monitoring reports.

(3) Data breach analysis and impact.

(4) Fraud alerts.

(5) Identity theft insurance.

(e) Relationship to termination clause, if applicable. If the Government terminates this contract, purchase order, or agreement, in whole or in part under clause 52.249–8, Default—Fixed-Price Supply and Service, or any other related FAR or VAAR clause included in the contract, in addition to the required liquidated damages for data breach related expenses specified in paragraph (c) above, the Contractor is liable for excess costs for those supplies and services for repurchase as may be required under the Termination clause.

(End of Clause)

A.16 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

(a) Definition. As used in this clause, ‘‘contract’’ means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR 2.101.

(b) Non-disclosure requirements. As a condition of performance under a contract, order, agreement, or other instrument that requires access to sensitive personal information as defined in VAAR 802.101, the following is expressly required—

(1) The Contractor, subcontractor, their employees or business associates shall not, directly or through an affiliate or employee of the Contractor, subcontractor, or business associate, disclose sensitive personal information to any other person unless the disclosure is lawful and is expressly permitted under the contract; and

(2) The Contractor, subcontractor, their employees or business associates shall immediately notify the Contracting Officer and the Contracting Officer’s Representative (COR) of any security incident that occurs involving sensitive personal information.

(c) Liquidated damages. If the Contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $37.50 per affected individual in order to cover costs related to the notification, data breach analysis and credit monitoring. In the event the Contractor provides payment of actual damages in an amount determined to be adequate by the Contracting Officer, the Contracting Officer may forgo collection of liquidated damages.

(d) Purpose of liquidated damages. Based on the results from VA’s determination that there was a data breach caused by Contractor’s or any of its agents’ failure to protect or otherwise engaging in conduct to cause a data breach of VA sensitive personal information, and as directed by the Contracting Officer, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of [] per affected individual to cover the cost of the following:

(1) Notification related costs.

(2) Credit monitoring reports.

(3) Data breach analysis and impact.

(4) Fraud alerts.

(5) Identity theft insurance.

(e) Relationship to termination clause, if applicable. If the Government terminates this contract in whole or in part under the Termination for cause paragraph, FAR 52.212–4(m), Contract Terms and Conditions—Commercial Products and Commercial Services, the Contractor is liable for damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These damages are in addition to costs of repurchase as may be required under the Termination clause.

(End of Clause)

A.17 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)

A.18 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

A.19 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

A.20 FAR 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):

FAR | Acquisition.GOV VA Acquisition Regulation (VAAR) - Office of Acquisition and Logistics (OAL)

(End of Clause) Clauses Listed by Reference

OCT 2019

(End of Addendum to 52.212-4)

See Attached document: Attachment A – PWS See Attached document: Attachment B – QASP See Attached document: Attachment C – Price Schedule See Attached document: Attachment D – Wage Determination List See Attached document: Attachment E – BAA Template updated See Attached document: Attachment F – Past Performance Questionnaire

End of Document