36C24619Q1091-001.docx

36C24619Q1091

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

659-20-1-647-0008 36C24619Q1091 08-27-2019 Tiera Clark, Contracting Officer 757-728-3116 09-11-2019

10:00 AM EST

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 238290 $15 Million 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

See CONTINUATION Page Elevator Maintenance Service for W.G. Bill Hefner Salisbury Veterans Affairs Medical Center (VAMC) A Firm Fixed Price Contract for one (1) year base period and four (4) "one year" option renewal periods will result from this solicitation Base Year Period of Performance - 10/1/2019 - 09/30/2020 This is a Small Business (SB) Set Aside.

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 PRICE/COST SCHEDULE

Elevator Maintenance Service for the W.G. Bill Hefner Veteran Affairs Medical Center, Salisbury NC 28144 in accordance with all terms and conditions herein.

BASE YEAR: October 1, 2019 through September 30, 2020

Total for Base Year

OPTION YEAR 1: October 1, 2020 through September 30, 2021

Total for Option Year 1

OPTION YEAR 2: October 1, 2021 through September 30, 2022

Total for Option Year 2

OPTION YEAR 3: October 1, 2022 through September 30, 2023

Total for Option Year 3

OPTION YEAR 4: October 1, 2023 through September 30, 2024

Total for Option Year 4

TOTAL BASE AND ALL OPTIONS $______________________

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT (PWS)

The Department of Veterans Affairs currently has the need for a Contractor to maintain and repair the elevators at the W. G. Hefner Medical Center, 1601 Brenner Ave. Salisbury, NC 28144 (Salisbury VAMC). Contractor shall provide full elevator maintenance and repair service. Period of Performance: One (1) Year Base Period and Four (4) “one year” option renewal periods.

A. TECHNICAL REQUIREMENTS:

1. SCOPE:

1.1. Contractor shall provide all labor, tools, materials, equipment & supervision necessary to provide maintenance for the 29 elevators at the W. G. Bill Hefner VA Medical Center, Salisbury, NC 28144. This will include daily inspections, preventive maintenance, repairs and emergency callback services for all elevators listed. Pursuant to the American National Standards Institute / American Society of Mechanical Engineers (ANSI/ASME) A17.1 section 1000, ASME A17.2 and ASME 17.3, inspection; Contractors shall provide proof of Qualification of Elevator Inspectors certification. Contractor shall provide maintenance in a manner, which ensures the safe and continuous operation of all equipment listed in accordance with commercial practices or manufacturer’s specifications (ANSI/ASME A17). This is a full-service contract and the maintenance of all equipment pertinent to safe and proper operations shall be maintained. Failure of any of the components shall be the responsibility of the Contractor. Exceptions are noted. Reimbursement for materials, supplies and equipment shall be verified by invoice.

2. MAINTENANCE/INSPECTIONS SERVICES:

2.1. Contractor shall provide daily (Monday thru Friday) inspections to all elevators starting at 7:00 a.m. EST and ending at 12:00 p.m. (noon) EST. Inspections shall be performed prior to 8:00 a.m. for elevators in Buildings 2, 21, 3. All other elevators must be inspected prior to leaving for the day (Buildings 1, 4, 5, 6, 7, 8, 9, 11, 20, 42).

2.2. Elevators P3, P4, P6, P7, and P18 have a high volume of traffic flow, and to take them out of service during normal working hours would be not be appropriate to achieve the mission of the Salisbury VAMC. Any planned servicing of these primary elevators will have to be completed outside of normal business hours of 7:00 a.m. EST- 4:30 p.m. EST. Contractor shall provide twelve (12) hours per month of overtime service for maintenance on elevators P3, P4, P6, P7, and P18.

2.3. Contractor shall provide preventive maintenance quarterly on elevators to ensure reliable and continuous safe operations of all equipment in accordance with commercial practices or manufacturer’s specifications. The inspections should be performed by a qualified technician.

2.4. The Contractor shall furnish and install all parts, including hydraulic fluid, as necessary to keep equipment working in accordance with commercial practices or manufacturer’s specifications.

2.5. Maintenance and inspections are to be performed during normal business hours as specified.

2.6. Contractor shall develop and maintain a log in a designated Veteran Affairs (VA) location. Log shall be annotated at the end of each inspection. The log shall identify each elevator, date and time of inspection, maintenance performed (if any), repairs needed, name of inspector, and overall condition of the elevator. If repairs require work outside the scope of routine maintenance, the Contractor shall notify the Contracting Officer Representative (COR) for appropriate decision and action. Contractor shall not perform chargeable work until authorized by the Contracting Officer (CO).

2.7. Contractor shall report all preventative maintenance on an approved schedule form to be provided by the Contractor at the beginning of each month.

2.8. Service required because of improper use, accident or negligence for which the Contractor is not directly or indirectly responsible is not considered within the scope of this contract. Maintenance service, to include parts, for correcting faults or damage caused by improper use, accident or negligence shall not be performed until authorized by the CO. Contractor shall not perform chargeable work until authorized by the CO.

3. EMERGENCY SERVICE CALLS:

3.1. Contractor shall provide unlimited twenty-four (24) hours a day, seven (7) days per week call back service. Each service call will include two (2) hours of non-billable service time to diagnose problem. Contractor shall check in and out with AOD personnel located in Bldg. 2 1st floor, Emergency Department, if emergency is after normal business hours.

3.2. Contractor shall provide on-site response within one (1) hour of notification from the CO or designated VA official that there has been a shutdown of an elevator or any emergency with a passenger on board. Contractor shall check in and out with the Administrator on Duty (AOD) in B-2, 1st floor, Emergency Department if emergency is after normal business hours. Contractor shall report to work location, survey repair, provide projected downtime, estimated time to repair, and cost of any repairs not covered in the Schedule of Supplies/Services/Prices/Costs. All work shall be performed in accordance with normal commercial practices using parts specified by the elevator manufacturer or items of equal or better quality.

3.3. Non-Trapped Personnel: The Contractor shall respond to a request for non-trapped personnel emergency service within two (2) hours after receiving notification from the COR or designated representative(s). The Contractor shall notify the Government immediately upon arrival at the Medical Center

3.4. Trapped Personnel: The Contractor shall respond to a request for emergency service involving trapped personnel within one (1) hour after receiving notification from the COR or designated.

3.5. Service calls are responses and subsequent repairs or adjustments of elevator equipment and systems or problems reported to the Contractor. If the service call cannot be resolved within two (2) hours, the Contractor shall immediately secure the elevator and notify the COR of the problem and the time and date corrective action shall be completed.

3.6. All repair cost shall be submitted in writing and shall be approved in writing by the COR or designated appointee prior to commencement of the work. Any additional work performed by the Contractor without the prior written approval of the CO will be performed by the Contractor at no additional cost to the government. The COR may provide written authorization outside of normal business hours.

3.7. A Contract Line Item is incorporated for twenty-five thousand dollars ($25,000) in the base year and in each option year for emergent repairs and parts of the station elevator system. This line item will be utilized throughout the year to invoice for services rendered on emergent repairs. The Contractor cannot exceed this amount unless authorized in writing by the CO. The COR shall monitor the funding under this line item and notify the CO if the line item is encroaching the not to exceed (NTE) limit.

4. SPECIAL REQUIREMENTS:

4.1. The Contractor shall post a service log for each elevator in the respective equipment room. Update logs as service, preventative maintenance, and emergency repairs are performed.

4.2. The Contractor shall perform all routine service, maintenance and repair during normal duty hours.

4.3. Parts installed on the elevators shall be new and genuine parts supplied by, or certified by the Contractor as equivalent to, the original equipment manufacturer, or its successor prior to the installation. The Contractor shall maintain a stock of applicable replacement parts to reduce to a minimum the interruption of elevator service. When replacing existing parts or installing new parts, the Contractor shall install energy efficient parts to the maximum extent possible.

4.4. Materials: The Contractor shall furnish all lubricants, hydraulic fluid, cleaning supplies, parts and tools necessary. All materials shall be recommended by the manufacturer of the equipment.

4.5. Lubrication: The Contractor shall maintain proper lubrication of rollers, bearings and guide rails, and other components requiring lubrication. The Contractor shall furnish all special lubricants and cleaning supplies as required by the elevator manufacturer to service and repair elevators. The Contractor shall also repair or replace guides and rails when wear of these items is found beyond specification limits.

4.6. Corrosion Treatment and Control: The Contractor shall inspect elevator components for the presence of corrosion. Corroded areas shall be appropriately treated to reduce or inhibit corrosion development or be replaced if they are beyond specification limits.

4.7. Contractor shall accompany the government during semi-annual elevator inspections conducted by another government-contracted inspector. The VA will notify the Contractor approximately forty-eight (48) hours in advance of inspection date. A copy of inspection report will be provided to Contractor. Contractor shall have thirty (30) days from receipt of report to correct deficiencies.

4.8. Contractor needs experience servicing all elevator brands, makes and models at our location.

5. COORDINATION:

5.1. The Contractor shall provide the COR with a phone list for contact twenty (24) hours a day, seven (7) days a week.

5.2. The Contractor shall submit a detailed work plan to the COR within ten (10) business days of award. The plan shall contain a schedule detailing when preventative maintenance, routine and periodic service are to be performed. Should the Contractor elect to change his work plan during the contract, a revised work plan shall be submitted to the COR for written approval prior to any schedule changes.

5.3. The COR shall be immediately notified whenever an elevator, and associated component(s) cannot be returned to service prior to the end of each inspection. In the absence of the COR, the Electrical Shop Supervisor, or Engineering Service Chief will be notified.

5.4. Elevators that are not in operation will have an "Out of Service" sign placed at each call button on each floor. The Contractor shall be responsible for the installation of signs and barricades as related to equipment as deemed necessary by the COR. All scheduled work that requires an elevator to be taken out of service shall be prior coordinated with the COR.

6. REPORT OF SERVICES/DOCUMENTATION:

6.1. Contractor needs the following Certification/License/Documentation:

· North Carolina State License for Elevator Maintenance

· American National Standards Institute / American Society of Mechanical Engineers (ANSI/ASME) Certification

6.2. Each technician needs to have the following Certification/License/Documentation:

· National Elevator Industry Education Program (NEIEP)

· Minimum of 5 years of Experience

6.3. Contractor to have proof that all staff have records of tuberculosis (TB) screening and Hepatitis B vaccination prior to performing any work in the facility. If no documentation is provided, the Contractor shall bear all costs to acquire these.

6.4. The Contractor shall provide the COR the following reports:

6.4.1. Service Call Report: The Contractor shall report to the COR and provide a written report detailing services performed and obtain acceptance signature upon completion of any maintenance and/or service.

6.4.2. Service File: The Contractor shall maintain a complete orderly and chronological file including drawings, complete parts list, and copies of all reports as required by these specifications. This file shall be made available for inspection upon request and a copy of this complete file shall be furnished to the government during the last month of the contract period.

6.4.3. Service Report for Preventative Maintenance: The Contractor shall prepare and submit a written report on or before the 3rd workday of each quarter detailing all services performed for each elevator during the previous month.

6.4.4. Service Report for Repair Services: This report shall include all costs associated with accomplishing the repair to include parts, supplies and labor hours and labor rates. At minimum, the report shall contain the following information: service technician name, date, time, equipment unit number, problem reported and discovered, action taken, beginning and completion time. This written report shall be submitted to the COR for review and approval prior to invoice submittal. No invoice shall be certified for payment until the COR has provided written acceptance to the Contractor and the CO.

B. TB & OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) REQUIREMENTS:

7. OSHA:

7.1. The Contractor shall comply with the Federal Guidelines. A minimum of 10 hours training is required.

· Workers – 10 hours of certified OSHA Training

8. TB:

8.1. The Contractor shall comply with the Federal/California OSHA Blood borne Pathogens Standard.

8.2. The Contractor shall have methods by which all employees are educated as to risks associated with blood borne pathogens.

8.3. The Contractor shall have policies and procedures which reduce the risk of employee exposure to blood borne pathogens.

8.4. The Contractor shall have mechanisms for employee counseling and treatment following exposure to blood borne pathogens.

8.5. The Contractor shall provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, and mouthpieces for the employee during performance of the contract.

9. INFLUENZA / FLU:

9.1. The Contractor shall comply with the W. G. Hefner Medical Center VA Directive 1192 requirements for Flu Shots. All Construction Contractors working on Site must either have a Flu Shot or wear a mask regardless of interaction with patient areas.

10. EQUIPMENT LIST:

Elevators

B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 KEY PERSONNEL

Key personnel will be identified in the technical quote and shall be considered key personnel essential for the successful completion of the work performed under the contract. The contractor agrees that such personnel shall not be removed, diverted or replaced from the work without prior written approval of the Contracting Officer. The contractor shall submit written notice of proposed personnel changes to the Contracting Officer for approval at least thirty (30) business days in advance.

Offers will be considered only from offerors who are regularly established in the business called for and who, in the judgment of the Contracting Officer (CO), are financially responsible and able to show evidence of their responsibility, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service in the volume required for all items under this contract. By signing this offer, the offeror is certifying that he/she shall meet all requirements of Federal, State, or local laws, codes, and/or regulations regarding the performance of this contract, and shall, upon request of the Government, be able to show evidence of his/her reliability, ability, and experience by furnishing:

1. A list of personnel who will perform under the contract showing the length and type of experience of such personnel, and;

1. The names and addresses of other concerns and/or Government Agencies for which prior comparable services were rendered by the Offeror.

The Offerors ability to meet the foregoing experience requirements and the adequacy of the information submitted will be considered by the Contracting Officer in determining responsibility of the offeror. The VA will inspect and investigate the establishment, facilities, business reputation, and other qualifications of any offeror and reserves the right to reject any offer, irrespective of price, that shall be administratively determined by the Contracting Officer to be lacking in any of the essentials judged necessary to assure acceptable standards of performance.

2.0 WORK HOURS

1. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on a Federal Holiday or during off duty hours as described below.

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).

3.0 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) FAR 42.1502 direct 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:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(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.

4.0 CONTRACT ADMINISTRATION

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.

5.0 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

· Total price All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

The contractor shall submit payment requests in electronic form via VA’s Electronic Invoice Presentment & Payment System. See Web site at http://www.fsc.va.gov/einvoice.asp

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 52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006)

(a) The Contractor shall give Government personnel who have been or will be adversely affected or separated as a result of award of this contract the right of first refusal for employment openings under the contract in positions for which they are qualified, if that employment is consistent with post-Government employment conflict of interest standards.

(b) Within 10 days after contract award, the Contracting Officer will provide to the Contractor a list of all Government personnel who have been or will be adversely affected or separated as a result of award of this contract.

(c) The Contractor shall report to the Contracting Officer the names of individuals identified on the list who are hired within 90 days after contract performance begins. This report shall be forwarded within 120 days after contract performance begins.

(End of Clause)

C.3 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 contract expires.

(End of Clause)

C.4 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 contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before contract expires 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 and six (6) months.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.6 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.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

C.8 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)

C.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

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

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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

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

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

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

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

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

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

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

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

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or…