36C24621Q0490_1.docx

36C24621Q0490

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24621Q0490 06-24-2021 Diane Stoskopf 757-728-3449 07-02-2021 3:00 pm

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 561612 $22 Million N/A X Service- See Schedule of Services

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 x See CONTINUATION Page COVID-19 Security Medical Screeners for the Richmond VA Medical Center, Richmond Virginia.

This RFQ is setaside 100% for Service-Disabled Veteran Owned Small Business (SDVOSB). All offerors must be listed as verified SDVOSB in the Vendor Information Pages (VIP) in the VIP database, https://vip.vetbiz.gov.

See CONTINUATION Page x X x 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 Diane Stoskopf 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

PO BOX 149971

Austin TX 78714-9971

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

Page 1 of Page 1 of

B.2 SCHEDULE OF SERVICE

Contractor shall provide unarmed guard services for the Hampton VAMC and outlying Community Based Outpatient Clinics in accordance with the terms and conditions herein.

BASE PERIOD: 13 July 2021 through 12 October 2021

Hampton Security Medical Screeners

Hampton Supervisor

Virginia Beach CBOC Security Medical Screeners

Chesapeake CBOC Security Medical Screeners

Albemarle CBOC Security Medical Screeners

Portsmouth CBOC Security Medical Screeners

CBOC Lead

Holiday Pay Locations: Emergency Department and SCI

Estimated Cost of Base Period:

OPTION PERIOD 1: 13 October 2021 through 12 January 2022

Hampton Security Medical Screeners

Hampton Supervisor

Virginia Beach CBOC Security Medical Screeners

Chesapeake CBOC Security Medical Screeners

Albemarle CBOC Security Medical Screeners

Portsmouth CBOC Security Medical Screeners

CBOC Lead

Holiday Pay

Estimated Cost of OP 1:

OPTION PERIOD 2: 13 January 2022 through 12 April 2022

Hampton Security Medical Screeners

Hampton Supervisor

Virginia Beach CBOC Security Medical Screeners

Chesapeake CBOC Security Medical Screeners

Albemarle CBOC Security Medical Screeners

Portsmouth CBOC Security Medical Screeners

CBOC Lead

Holiday Pay

Estimated Cost of OP 2:

Total Estimated Cost of Contract: $

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. Scope of Work: The purpose of this requirement is to provide professional and courteous, uniformed and unarmed Medical Screening services for the Hampton VA Medical Center, Department of Veterans Affairs (VA) Central Virginia VA Health Care System, located at 100 Emancipation Drive, Hampton, VA 23667 and servicing Community Based Outpatient Clinics located in Virginia Beach, Chesapeake, Albemarle, and the pending Southside location. The service provided shall be performed in such a manner as to ensure individuals entering checkpoints are screened using an agency approved Screening Process. The Medical Screeners will be those asking agency approved questions (see Attachment A). These Medical Screeners must always wear face mask and safety vest when performing this function. Medical Screeners will also provide pedestrian and vehicle traffic control in a manner to ensure the traffic is being directed in the safety method possible. The Medical Screener conducting traffic control will not be required to wear a face mask but would be required to wear a reflective safety vest. This person will allow anyone with an official VA issued identification badge or placard to proceed through the entry gates. This includes VA employees and contractors. Contractors will report directly to the VA Police Station for screening as agreed upon in the COVID-19 Novel Site Process Protocol SOP. Any person without an agency approved VA identification card or placard will be directed to the screeners for further processing. No visitor will be allowed onto the Medical Center campus under the age of 12. The Contractor shall furnish all transportation, management, supervision, personnel, equipment and supplies (including traffic cones, traffic barricades, vests and face masks) necessary to provide the services required herein. The Medical Screener will have the ability and training to use thermal temperature scanners when necessary and record the temperature of personnel when requested. The Medical Screener will instruct any employee, visitor, or patient determined to have a higher than normal temperature to report to the necessary location for further evaluation.

2. Coverage: The Contractor shall provide unarmed Medical Screener services in accordance with the PWS. In addition to the basic hours of coverage, the Contractor shall provide on-call security coverage as needed (including after hours, weekends and Federal Holidays) to respond to ensure screening coverage and traffic control at the entrance(s). Depending on the longevity and severity of the COVID-19 pandemic, number of Medical Screeners may fluctuate. Changes will be incorporated via modification at the rates established herein.

Period of Performance is for a three-month base period with two three-month option periods.

Medical Screener Normal Hours of Coverage:

3. If additional services are required outside of the hours of coverage specified herein, the Contractor must receive prior written approval from the Contracting Officer (CO) via contract modification. Any additional services performed by the Contractor without this authorization will be performed at no additional cost to the Government. Per hour prices for such additional services shall be at the same rate as prices charged in the contract during each respective period of performance. If an emergency should arise, a verbal approval can be obtained from the CO, however, the Contractor must submit a written proposal for such additional work to the CO within twenty-four (24) hours of the commencement of these additional services. If accepted, a modification will be issued to the Contractor and the contract price shall be adjusted accordingly. All emergencies must be reported to the facility POC listed in Paragraph 14 below.

The following holidays are observed by the Federal Government. The Contractor shall continue to provide the 24/7-hour service on all holidays at the Emergency Room screening location only.

New Year’s Day

Martin Luther King’s Birthday

President’s Day

Memorial Day

Independence Day

Juneteenth

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

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.

Reserve Personnel (Back-up Staff): The Contractor shall submit to the facility POC, the names and all necessary documentation of at least (five) fully trained and qualified personnel who will be used in a reserve capacity (e.g. to replace guards on scheduled or non-scheduled sick leave or vacation, to respond to emergency service, or similar situations), for approval via email or fax to the facility POC listed in Paragraph 14 below.

4. Personnel:

License: Contractor shall furnish to the Contracting Officer proof that he/she is licensed and bonded as required by the State of Virginia for doing business as a contract security company.

These Medical Screener duties will include personal encounters with patients, visitors, contractors, and employees of the Government. Encounters are often with mentally ill, irrational or disturbed persons, who, even if behaving in an assaultive or destructive manner, must be handled with understanding, full control of force, and unimpeded judgment. Personnel with emotional and/or mental condition(s) which could result in a hazard to self or others, shall not be allowed to perform services under this contract.

The Contractor shall assign a Point of Contact (POC) for the purpose of ensuring compliance with all provisions of this contract. The Contractor POC shall be available to report on site, if requested, and have the ability to address performance issues.

5. Qualification Requirements of Contractor Personnel:

a. Supervisor: The Contractor shall provide a supervisor to conduct weekly inspections and problem corrections. In addition, the Supervisor shall be available for direct communication with Medical Screener(s) on duty during their entire shift. The Supervisor shall be mobile to ensure inspections are also completed at the CBOC locations away from the Medical Center.

1) Supervisors shall have a background with a minimum of two (2) years of successful experience in field supervision, i.e. civil community law enforcement, military service, law enforcement, or security, commercial or industrial guard service or security.

2) The Contractor shall provide the name(s), telephone number(s), and address(es) of the on-site or in-field supervisor, in writing, to the Contracting Officer prior to performance under this contract. The term "on-site supervisor" means a person designated, in writing, by the Contractor, who has authority to act, for the Contractor, on a day-to-day basis.

3) Supervisors will monitor the hours of duty of personnel to ensure compliance with the requirements of this contract. Field Supervisors must periodically visit the VA Facility.

4) The payments for leave, including sick leave or vacation time, are the responsibility of the Contractor.

5) The Contractor shall provide the level of supervision to ensure that employees are properly performing all duties as specified in accordance with the contract.

6) When the supervisor is part of the guard staff, they shall perform all of the functions required at the post they are staffing and shall not depart the post unless relieved.

7) The on-site or in-field supervisor shall assure that Medical Screener(s):

· Are in uniform and present a neat appearance;

· Maintain a continued state of proper training;

· Possess the necessary permits, authority, etc.;

· Maintain continued liaison with the facility POC listed in Paragraph 14 below

· Wear appropriate weather and safety equipment while performing their duties

· Documentation is accurate

b. Medical Screeners Minimum Qualification Standards:

1) Education / Experience:

· Must possess a high school diploma or equivalency. Must demonstrate the ability to read, understand and apply printed rules, detailed orders, instruction, and training materials.

· Must be literate in English to the extent of reading and understanding printed regulation, detailed written orders, training instruction and materials.

· Must have the ability to maintain poise and self-control under stress.

· Must have the ability to meet and deal with the general public in a professional manner.

· Age: All contracted employees performing work under this contract shall have a minimum of eighteen (18) years of age as required by local laws.

2) Health and Physical Fitness Requirements:

· Be capable of standing for long periods of time providing clear traffic control duties.

· Possess binocular vision correctable to 20/30 (Snellen).

· Be free of color blindness.

· Be capable of hearing ordinary conversation at 15ft with or without the use of a hearing aid.

· Be physically able to perform all general duties, functions, and activities as described in this PWS.

· Be free of any communicable diseases.

· Have documented tuberculosis testing (TB) every two years. Must have tested as TB-free prior to starting work on this contract.

· Be in good general health without physical defects or abnormalities, which would interfere with the performance of these duties.

· May be subject to urinalysis to screen for illegal drug use on a random basis.

3) Personal Traits: The Contractor shall ensure that contract staff assigned to duties at the Hampton VA Medical Center, Central Virginia VA Health Care System be expected to:

a) Exercise good judgement

b) Interact with people in a positive manner

c) Maintain a high level of performance

d) Maintain poise and self-control under stress

e) Meet and interact with the general public

4) Medications (Prescribed, Non-Prescribed, Intoxicants): The Contractor shall ensure that while on duty no contract employee will possess, sell, consume, or be under the influence of medications, intoxicants, drugs, or substances which impair the ability to perform their assigned duties. The Government reserves the right to direct the Contractor to remove an employee from the work site for failure to comply.

6. Contractor-Furnished Property and Supplies: The Contractor shall furnish and maintain in acceptable condition, all uniform items, equipment and supplies necessary to perform the services required of this contract. A partial listing of these items is provided below. This listing is not all-inclusive.

a. Communication Equipment: The Contractor shall provide a contact number for their on-call Screening personnel that will respond when a Medical Screener is not able to perform their official duties due to an emergency, i.e. sick, family emergency, etc. The Contractor shall provide a separate two-way communication system (radio or cell phone) to communicate with the other Medical Screeners on duty (when applicable) and their supervisor/the Contractor.

b. Uniforms: Contractor personnel shall always wear professional uniforms while in the performance of his/her duties. The color of the Contractor’s guard force uniforms shall be a color in general use by large guard or police organizations. All Contractor employees performing services under this contract shall wear the same color and style of uniform. Appropriately lettered breast and cap badges, indicating the jurisdiction from which authority is obtained, shall be worn as part of the uniform (providing such authority is grantable under state and local laws). Shoulder patches lettered to indicate the identity of the Contractor shall be worn on the left shoulder of the uniform jacket and shirt. Identification nametags shall be worn over the right breast shirt pocket. No other identification of the Contractor or employee shall be worn or displayed on the uniform, with the exception of the VA Identification (ID) badge.

7. Medical Screener Duties: Assignments may include but are not limited to the following:

a. Observation: Observe suspicious personnel or personnel behaving inappropriately, showing hostility, and/or possibly carrying weapons. Monitor potentially unauthorized personnel (e.g., 12 years or younger).

b. Assistance: When conducting screening duties and a medical emergency is observed, a screener (Medical Screener) will call numbers provided by the VA Medical Center for medical assistance.

c. Customer Service: Meet and interact with the general public in a manner that promotes a positive image of the VA. Maintain poise and self-control under stress. Keep conversations with visitors to the facility cordial and brief. Medical Screeners shall not allow personal conversation or activity interrupt screening or traffic control duties.

d. Emergencies: In the case of an emergency, the Medical Screeners shall respond in accordance with the SOP, VA provided training and the Contractor’s provided training. Medical Screeners shall remain calm and professional in emergency situations. If the Medical Screeners that responds to an emergency is required to leave their post in order to comply with VA or Law Enforcement directives, the time away from the duty post will not be considered as a failure of the Contractor to provide services.

e. Traffic: Direct traffic (vehicle and/or pedestrian), and control parking at the gate area.

f. Provide directions to visitors

g. Rules and regulations: Obey facility rules and regulations while on VA controlled property.

h. Unauthorized access: If a person refuses to comply with traffic control directions and/or refuses to stop at a screening check point, notify the VA Police at ext. 5280 or ext. .6911 Give a description of the person and/or vehicle.

i. Reports and records: Perform routine clerical duties, if identified in the SOP, associated with this position. See Paragraph 20 on Records Management requirements.

j. Other: Medical Screener(s) shall be present at the VA facility and shall perform the required services for the period specified. Invoices shall only be paid for actual hours that Medical Screeners are present and on duty. The Contractor shall always have Medical Screener(s) at the VA Facility during the hours of coverage as listed herein.

8. Identification, Parking, Smoking and Regulations: The Contractor's employees shall always wear visible identification while on the premises of the VA. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the facility POC. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited on VA controlled property. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) Magistrate Court.

9. Personnel: The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel performance or conduct shall be dealt with by the Contractor, and/or the POC with the final decision made by the Contracting Officer.

10. Contractor’s Responsibilities: The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government. He/she shall take all 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, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall comply with all VA safety standards, manufacturers/industry standards, FDA, OSHA, JCAHO and the latest edition of NFPA-99.

11. Safety and Fire Prevention: In the performance of this contact, the Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes, which are in effect during the performance period of the contract. The Contractor personnel shall follow applicable facility policies concerning fire/disaster programs.

B.4 SPECIAL CONTRACT REQUIREMENTS

1. NO SMOKING

Per VHA Directive 1085 Dated 3/15/19 All VA Health Care Facilities shall be smoke free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.

2. BACKGROUND INVESTIGATION: The Contractor is responsible for their Medical Screener’s pre-employment screening process (drug screen and background checks) at no cost to the Department of Veterans Affairs.

3. CONTRACTOR PERFORMANCE ASSESSMENT REORTING 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 Subpart 42.15 Contractor Performance Information.

(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. INVOICING AND PAYMENT

Contractor shall submit invoices, bi-weekly, in arrears, via payment requests in electronic form via VA’s Electronic Invoice Presentment and Payment system http://www.fsc.va.gov/fsc/einvoice.asp. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:

· Date of invoice

· Invoice number

· Contract number

· Obligation number

· Vendor name

· CLIN

· Dates of service

5. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

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 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.

The facility POC listed below shall be responsible for the overall technical administration of this contract.

IN THE EVENT THE CONTRACTOR 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.

POINT OF CONTACT

Contracting Officer (CO) Diane Stoskopf | diane.stoskopf@va.gov | 757-728-3449 Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Bldg. 27 Hampton, VA 23667

Contracting Officer’s Representative (COR) - TBD

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 52.217-8 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 fifteen (15) days of contract completion.

(End of Clause)

C.2 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 fifteen (15) days of contract completion; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (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 nine (9) months.

(End of Clause)

C.3 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.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

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

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

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

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

(End of Clause)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (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. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) 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 (JUN 2020) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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] (36) 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.)

[] (37)(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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(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.

[] (41)(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.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(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] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 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).

[] (52) 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).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(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…