36C24618Q9811-001.docx

36C24618Q9811

OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL

BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SI

GN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGN

ATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR

LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

659-19-1-064-0027 36C24618Q9811 09-14-2018 Tiera Clark 757-728-3116 09-25-2018

1:00 PM EST

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 492110 1500 Employees X N/A X Department of Veterans Affairs W.G. Bill Hefner VA Medical Center 1601 Brenner Avenue Salisbury NC 28144 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center https://www.fsc.va.gov/einvoice.asp

X See CONTINUATION Page Contractor shall provide all labor, tools, transportation and equipment necessary to provide Laboratory Courier Services for the W.G. Bill Hefner Salisbury Veterans Affairs Medical Center (VAMC), to include Durham VAMC and its Community Based Outpatient Clinic (CBOC) and Health Care Centers (HCCs).

A Firm Fixed Price Requirments Contract for (one (1) year base period and four (4) “one year” option renewal periods) will result from this soliciation.

Base Year Period of Performance is 11/1/2018 - 10/31/2019 This is a total Service Disabled Veteran Owned Set Aside (SDVOSB) See CONTINUATION Page X X Tiera Clark Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Tiera Clark Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

Department of Veterans Affairs Financial Services Center https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 SCHEDULE OF SERVICES

The contractor shall all labor, tools, transportation and equipment necessary to provide Laboratory Courier Services (pickup and delivery for all laboratory specimens, reagents and supplies) for the W.G. Bill Hefner Salisbury Veterans Affairs Medical Center (VAMC), to include Durham VAMC and its Community Based Outpatient Clinic (CBOC) and Health Care Clinics (HCCs) in accordance with the terms and conditions herein. Contract will be awarded for a base year plus four (4) one-year option periods. The Governments intent is to issue a firm fixed price, requirements type contract.

The maximum aggregate value of orders that can be placed under this contract is six-thousand (6000) courier trips for the life of the requirements contract.

BASE YEAR: November 1, 2018 through October 31, 2019

BASE YEAR ESTIMATED TOTAL COST: $ _______________

OPTION YEAR 1: November 1, 2019 through October 31, 2020

OPTION YEAR 1 ESTIMATED TOTAL COST: $ _______________

OPTION YEAR 2: November 1, 2020 through October 31, 2021

OPTION YEAR 2 ESTIMATED TOTAL COST: $ _______________

OPTION YEAR 3: November 1, 2021 through October 31, 2022

OPTION YEAR 3 ESTIMATED TOTAL COST: $ _______________

OPTION YEAR 4: November 1, 2022 through October 31, 2023

OPTION YEAR 4 ESTIMATED TOTAL COST: $ _______________

TOTAL ESTIMATED CONTRACT COST

(BASE YEAR PLUS OPTION YEARS) $____________________

B.3 STATEMENT OF WORK (SOW)

DESCRIPTION/SPECS/WORK STATEMENT

1. SCOPE:

The Contractor shall provide courier service with a company vehicle and a driver to transport laboratory specimens, reagents and supplies daily (Monday through Saturday) to and from the Salisbury Health Care System, Charlotte HCC, Kernersville HCC, Charlotte CBOC and Durham VAMC. Services may also be requested for Sundays, holidays (Federal observed) and other facilities within VISN 6 when it is deemed necessary to support the needs of laboratory operations.

2. PLACE OF PERFORMANCE

· W. G. “Bill” Hefner VAMC, 1601 Brenner Avenue, Salisbury, NC 28144

· Durham VAMC, 508 Fulton Street, Durham, NC 27705

· Charlotte CBOC, 8601 University East Drive, Charlotte 23213

· Charlotte Health Care Center, 3506 West Tyvola Road, Charlotte, NC 28208

· Kernersville Health Care Center, 1695-B Kernersville Medical Parkway, Kernersville, NC 27284

3. GENERAL REQUIREMENTS

a. The Contractor shall dispatch a courier to the Salisbury VAMC daily, without prior notification from the Salisbury VAMC. In the event courier services are not needed on any given day, the Salisbury VAMC will contact the contractor by 12:00 pm (noon) on that day.

b. Pick-ups at the CBOC and HCC’s shall be within one half hour of schedule time. First pick up at the CBOC should occur between 11:00 am and 11:30 am daily (Monday through Friday) with final pick-up at the CBOC scheduled for 3:30 pm daily (Monday through Friday). Pick up at the HCC’s will be between 4:00 pm and 4:45 pm daily (Monday through Saturday). In the event of changes in schedule pick-up for Saturday clinics, the originating facility will notify the contractor of the schedule change. Sunday and holiday pick-up time will be determined based on the medical needs of the patients at the time. Contractor will be notified of pick up times prior to the day of service (holiday/Sunday).

c. Delivery to the VAMC Salisbury will be between the hours of 5:30 pm and 6:30 pm.

d. The contractor is responsible for notifying the pick-up facility of any deviation from stated pick-up times.

e. The Contractor shall ensure that all biological specimens collected for diagnostic purposes are to be safely transported in the secure (locked) biological shipping containers provided by SVAHCS Pathology & Laboratory Service, and in accordance with state, local and federal laws regarding the transporting of biological and diagnostic specimens.

f. The Contractor shall pick up and deliver any request for STAT or EMERGENCY deliveries from any of the VHA facilities, namely Charlotte CBOC, Charlotte HCC, Kernersville HCC and VAMC Salisbury, Durham VAMC, and transport them to any of these facilities or to any locally contracted testing facilities.

g. The Contractor shall respond to all emergency or STAT pick-up and delivery within 30 minutes from time of notification.

h. All pick-ups shall be delivered directly to the Laboratory Service at each facility and obtain a signature from the receiving facilities’ laboratory personnel.

i. The Government will require a written report from the contractor when pick-up and delivery incidents are documented as being untimely. This report will be due within 24 hours of request.

4. PICK UP AND DELIVERY:

a. Transport containers for delivery and pick-up shall be supplied by SVAHCS laboratory. Transport containers for delivery/pick-up are approximately 12x16x26 in size (and up to 50 pounds), but maybe larger or smaller and contain temperature dependent material and/or paper documents.

b. Laboratory specimens (such as urine, blood, blood products, body fluids, and biopsy specimens) must be properly packaged and placed in the secure (locked) containers by the VA personnel for transportation.

c. Reagents and supplies will be properly packaged by manufacturers and or VA personnel for transportation.

5. ITENERARY

a. Service # 1

· The contractor shall provide courier service (round trip) with a company vehicle and driver to transport laboratory specimens, reagents and supplies daily (Monday through Saturday) from Salisbury VAMC to Charlotte HCC.

b. Service # 2

· The contractor shall provide courier service with a company vehicle and driver to transport laboratory specimens, reagents and supplies two (2) times daily (Monday through Friday), except holidays and weekends, from Charlotte CBOC to the Charlotte HCC.

c. Service # 3

· The contractor shall provide courier service (round trip) with a company vehicle and driver to transport laboratory specimens, reagents and supplies daily (Monday through Friday) from Salisbury VAMC to Kernersville HCC to Durham VAMC to Kernersville HCC to VAMC Salisbury VAMC.

d. Service #4

· The contractor shall provide courier service (round trip) with a company vehicle and driver to transport laboratory specimens, reagents and supplies from Salisbury VAMC to Kernersville HCC (Saturday only).

6. STAT or EMERGENCY DELIVERIES

a. Service #5

· The Contractor shall pick up and deliver any request for STAT or EMERGENCY deliveries from Kernersville HCC, Charlotte HCC, Charlotte HCC, Salisbury VAMC, and Durham VAMC and transport them to any of these facilities or to any locally contracted testing facilities.

· The Contractor shall ensure that all emergency or STAT pick-up and delivery will be responded to within 30 minutes from time of notification.

7. DELAY IN SERVICE

a. The Salisbury VAMC will require a written report from the contractor when pick up/delivery incidents are documented as being untimely. This report shall be provided to the Contracting Officer Representative (COR) within twenty-four (24) hours of request. Delivery to the individual CBOCs after 4:15 pm or delivery to the laboratory after 6:30 pm will be considered delinquent and 10% will be deducted from the invoice. Inclement weather, documented facility delays and traffic congestion shall be the only exceptions.

b. The Contractor shall notify the VAMC within two (2) hours by phone (704-638-9000 ext.: 6009), if conditions exist which may affect their ability to perform contract requirements.

c. The Contractor shall provide, a contingency plan for problems which may be experienced in the transport time frame (i.e., break down or accident, inclement weather), which allows for same day pick-up and delivery to and from Salisbury VAMC, and the associated HCCs and CBOC.

d. The Contractor shall provide a plan for recovery in the event of theft, damage, climate concerns and delay of safe transport.

8. SAFETY

a. The Contractor is responsible for the safe transportation of all items to their destination.

b. The Contractor shall ensure that all medical specialty drivers are trained to include the following:

i. Safety and packaging procedures suitable to specimen type (Category A and Category B infectious substances) and distances transported

ii. Measures to prevent exposure

iii. Spill cleanup

iv. Specimen integrity

v. HIPAA and OSHA compliance This shall include issues such as adherence to regulations for transport of biohazards, use of regulatory transport containers, temperature control, notification procedures in case of accident or spills, etc.

9. VEHICLES

a. The vehicles used in the performance of this contract shall be licensed, state and federal regulations as required (to include but not limited to minimum state required insurance, state inspections, etc.).

b. There shall be climate control in the vehicles, in which the internal vehicle temperature does not exceed 77°F or go below 36 ° F at any given time.

c. The vehicles shall not be abandoned between transports from facility to destination.

d. Samples will not be left in an unsecured vehicle at any time.

10. TRAINING

a. The Contractor shall ensure that their couriers are trained and have documented evidence that their couriers have been trained in the transportation of biological and diagnostic specimens.

b. The Contractor shall ensure that their couriers have been trained in the handling of infectious material; such training should include but not limited to: blood borne pathogen and appropriate clean up and containment of any blood or body fluids spill.

11. INVOICES

a. All invoices submitted must be accompanied by copies of all route sheets for that billing period. Route sheets shall contain date and time of pick-up and/or delivery. All route sheets must contain the signature of the persons delivering and receiving of all items delivered. Route sheets must indicate whether the delivery was a Round-Trip or One-Way Trip.

12. DRIVERS

a. All drivers must maintain a valid driver's license for the type of vehicle operated as required by the State of North Carolina. A record of each driver as to character and physical capabilities of performing the duties as a courier must be maintained and made available to the Contracting Officer for inspection upon request.

b. The Contractor shall ensure that their couriers are trained and have documented evidence that their couriers have been trained in the transportation of biological and diagnostic specimens.

13. CONFIDENTIALITY:

a. The Contractor shall ensure the confidentiality of all patient information being transported in the secure containers and will be held liable in the event of a breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579).

B.4 SPECIAL CONTRACT REQUIREMENTS

a. The services specified in Section B. - Schedule of Supplies/Services may be changed by written modification to this contract. The modification shall be prepared by the Contracting Officer (CO) and, prior to becoming effective, shall be signed by both parties.

b. The Government reserves the right to refuse acceptance of the contractor’s employees, if personal or professional conduct jeopardizes patient care. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient. Standards for conduct shall mirror those prescribed by current federal personnel regulations. The Contracting Officer and Contracting Officer’s Representative (COR) shall deal with issues raised concerning contract personnel’s conduct. The final arbiter on questions of acceptability is the Contracting Officer.

c. The Contracting Officer shall resolve complaints concerning the contractor employee relations with the Government employees or patients. The Contracting Officer is the final authority on validating complaints. In the event that the contractor employee is involved and named in a validated patient complaint, the Government reserves the right to refuse acceptance of the services of such personnel. This does not preclude refusal in the event of incidents involving physical or verbal abuse. In the event the contractor employee effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

d. Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

1. PERSONNEL:

Personnel Replacement: Any personnel the contractor offers as substitutes shall meet the security requirements and qualifications as outlined in the Statement of Work (SOW).

2. WORK HOURS:

1. The services covered by this contract shall be furnished by the contractor as defined herein.

1. Federal Holidays: The 10 holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

Off Duty hours: Hours other than those described in 2(b).

3. MANAGEMENT AND SUPERVISION:

a. The Contractor shall be responsible for supervising the daily services provided by the contractor’s staff.

b. The VAMC will provide to the contractor policies, procedures and processes necessary to allow cooperative functioning between the agency and VAMC. Updates and refreshers will be provided to the contractor upon request and when policy procedures or process changes.

c. The Contractor shall complete checks to ensure that employees do not have a record of criminal offenses or substantiated incidents of patient abuse before being submitted; and, if required to perform their duties, employees are properly licensed and insured to operate motor vehicles.

4. RECORD KEEPING:

a. Contractor’s employee(s) shall report to the COR, upon arrival at the VA Medical Center. VAMC personnel shall brief Contractor employee(s) on VAMC policies and procedures on the first scheduled duty day. Contractor shall abide by VA Handbook 6300.1 located: http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=475&FType=2

c. Documentation of services performed shall be reviewed prior to certifying payment. Contractor shall be present at the VAMC and shall be actually performing the required services as specified in the task order in order to receive reimbursement. The VAMC shall pay for services actually performed and in strict accordance with B7, Schedule of Supplies/Services above. Contract monitoring and record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided.

5. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS):

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

7. NO SMOKING POLICY:

Except in designated areas, smoking is strictly prohibited.

9. CONTRACT ADMINISTRATION DATA:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer and or Contraction Officer Representative on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract. All contract administration functions will be retained by the Department of Veterans Affairs.

10. CONTRACTING OFFICER'S REPRESENTATIVE (COR):

The COR for this contract and/or individual task orders shall be determined.

11. BILLING:

Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than 30 days of the end of each month services were provided. Subsequent changes or corrections shall be submitted by separate invoice.

In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

· Name and Address of Contractor

· Invoice Date

· Invoice Date

· Contract Number and Purchase/Task Order Number

· Dates of Service

· CLIN Numbers with quantity 36C24618Q9811

· Total price Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

C.1 52.252-2 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 (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from first day of performance period through last day of performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10 courier trips per year, 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 20 courier trips;

(2) Any order for a combination of items in excess of 5000 courier trips; or

(3) A series of orders from the same ordering office within 2 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 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)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after last day of performance period.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

(End of Clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years six (6) months.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018)

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

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

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

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

(End of clause)

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

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

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

(End of Clause)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of NORTH CAROLINA. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) (End of Addendum to 52.212-4)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(4) 52.233-4,…