36C24622Q0728_2.docx

36C24622Q0728

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

658-22-4-040-3010 36C24622Q0728 08-25-2022 Amarlia Van Buren 757-728-3144 09-06-2022

12PM

EDT

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

VA

23667 X X 492110 1500 Employees N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 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 512-460-5049 512-460-5221 X See CONTINUATION Page *** This is a Firm Fixed Price Contract*** Pharmaceutical Courier Services for Salem VA Medical Center Refer to B.2 Schedule of Services, B.3 PWS, D.1 Price Work Sheet and E.1 Instructions to Offerors.

Period of Performance:

Contract Year 1: 09/12/2022 - 09/11/2023 Contract Year 2: 09/12/2023 - 09/11/2024 Contract Year 3: 09/12/2024 - 09/11/2025 Contract Year 4: 09/12/2025 - 09/11/2026 Contract Year 5: 09/12/2026 - 09/11/2027 VAAR Clause 852.219-77 requires completion and submission by offeror's with their quote submission.

Past performance surveys must be received prior to solicitation closing. Email completed survey form to:

Amarlia Van Buren, amarlia.vanburen@va.gov.

See CONTINUATION Page 658-3620160-040-822400-2560 010022400 X X X Amarlia Van Buren 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 Amarlia Van Buren

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.

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

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B.2 SCHEDULE OF SERVICES

This is an indefinite delivery, indefinite quantity, (IDIQ) with fixed-prices. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

2. This is a five (5) year IDIQ with a period of performance September 12, 2022 – September 11, 2027. The contractor shall provide all qualified personnel, labor, supplies, materials, supervision and all resources necessary to accomplish the deliverables identified for each IDIQ Line Item Number (CLINs) below.

3. OPTION TO EXTEND SERVICES: In accordance with FAR 52.217-8, Option to Extend Services, the IDIQ may be extended at the Government’s sole discretion for a period of up to six

(6) months. If this option is exercised, pricing for the period in effect shall apply. Evaluation of option shall not obligate the Government to exercise the option(s).

4. DE-OBLIGATION OF EXCESS FUNDS: The Government shall only pay for CLINs that have been ordered and received. Any unused excess funds will be de-obligated at the end of the period of performance by issuing a modification.

5. The guaranteed minimum amount for this contract is $1,000.00. The maximum aggregate value of the order that can be placed under this contract is $200,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

CONTRACT YEAR 1: September 12, 2022 – September 11, 2023

UNIT

UNIT PRICE

(Lynchburg CBOC)

EA

(Staunton CBOC)

EA

(Wytheville CBOC)

(Carilion Roanoke Memorial)

(LewisGale Medical Center)

CONTRACT YEAR 2: September 12, 2023 – September 11, 2024

UNIT

UNIT PRICE

EA

CONTRACT YEAR 3: September 12, 2024 – September 11, 2025

UNIT

UNIT PRICE

EA

CONTRACT YEAR 4: September 12, 2025 – September 11, 2026

UNIT

UNIT PRICE

EA

CONTRACT YEAR 5: September 12, 2026 – September 11, 2027

UNIT

UNIT PRICE

EA

Page 1 of

B.3 PERFORMANCE WORK STATEMENT

PHARMACEUTICAL COURIER SERVICE

A. GENERAL INFORMATION:

1. Title of Project: Pharmaceutical Courier Service The Department of Veterans Affairs, Salem, Virginia Veteran Affairs Medical Center (Salem VAMC), requires Local Courier Delivery Services for various locations in Virginia. The overall goal is to meet the Salem VAMC’s mission requirements to transport specific items for Pharmacy Service in a timely and professional manner.

2. This requirement is for the transport of goods and material between the Pharmacy at Salem VAMC, Community Outpatient Centers (CBOCs), and other local establishments (i.e., Carilion Roanoke Memorial Hospital, Lewis Gale Medical Center). Transportation of VA personnel and patients is prohibited in the performance of this effort. The contractor shall provide all resources necessary to accomplish the deliverables described in this performance work statement.

B. FACILITIES LOCATIONS: Courier runs to and from any location are on an ad-hoc basis, however, the addresses of the VAMC and CBOCs are listed below.

Salem VAMC

1970 Roanoke Blvd Bldg. 143, Rm BF110 Salem, VA 24153

Danville CBOC

705 Piney Forest Rd Danville, VA 24540

Carillion Tazewell Community Hospital Tazewell, VA 24651

C. PHARMACY COURIER RUNS/APPROXIMATE FREQUENCY:

The Pharmacy or other staff shall prepare the items for delivery for each location. There shall be no restriction on the number of packages to be picked up for any given run. Contractor shall include unlimited amounts of medication carrier items (i.e., coolers/carries) for pick-up and delivery for all courier transportation runs. The approximate frequency for pick-up or deliveries will be as follows:

Danville CBOC

Carillion Tazewell Community Hospital Tazewell, VA 24651 Minimum once per week

The contractor’s service will be used to deliver medications or supplies if urgently needed, to pick-up medication from a refrigerator that is out of the required temperature range, and to borrow out of stock medications from other hospitals if urgently needed.

Urgent, upon request, delivery request may be needed 24 hours per day 7 days per week. Expectation is for driver to be in route to requested location within 30 minutes of notification.

Deliveries for Salem VA Medical Center may not be combined with other delivery contracts which the Courier Service provides.

D. SPECIFICATIONS:

1. Contractor shall transport the following:

a. Pharmaceuticals (i.e., vaccines, medications, injections etc.)

b. Medical supplies used in pharmacy operations dispensed to patients

E. DRIVERS SPECIFICATIONS/QUALIFICATIONS OF PERSONNEL:

2. All drivers shall maintain:

a. A valid driver’s license

b. Complete a training for hazardous medication handling and transportation

3. All drivers shall be of legal age.

4. Contractor shall maintain a driving record for each driver performing the duties as a courier and shall be available to the Contracting Officer upon request for the duration of the contract.

5. Contractor is required to notify the Contracting Officer Representative (COR) of an unusual event that impede him/her from making pick-ups and deliveries as required by the contract. A written report of the event shall be delivered to the COR by close of business the next working day.

6. Drivers shall not make any stops, for any reason, during the transport of items under this contract.

7. Under no circumstances shall any person other than the driver and/or designated contractor personnel, ride in a vehicle or handle items being transported.

8. Contractor and his/her personnel shall read, write, speak, and understand English.

F. SAFETY:

The contractor is responsible for the safe transportation of all items to their destination. The contractor shall insure that all drivers are trained and have received instructions in the proper handling of medication, vaccines, and other items to transport under this contract. This shall include instructions on procedures to follow in the event of leaks, spills, or breakage of packaging.

G. VEHICLES:

1. Vehicles used in the performance of this contract shall be registered, licensed, and meet the minimum vehicle requirements as mandated by the Department of Transportation.

2. Contractor shall ensure that vehicles have updated maintenance documents and documents are available per the manufacture’s specifications. The Government shall not provide maintenance on any vehicle.

3. The Government reserves the right to inspect the vehicles and investigate the responsibility of contractor to perform the work outlined in this contract and reject any offer should contractor be lacking.

H. SERVICE CALLS:

1. Contractor shall provide; name, location, and telephone number where service calls are to be placed.

2. Contractor shall respond to calls for requests for service and ensure that at least one point of contact is available to respond to calls seven (7) days a week, twenty-four (24) hours a day, including weekends and national holidays.

3. Contractor will be available for requests for service seven (7) days a week, twenty-four (24) hours a day, including weekends and national holidays.

4. Contractor will respond to requests for service within 30 minutes (thirty minutes) after a call for request for service has been made, i.e., driver must be at Salem VAMC within 30 minutes after a request for delivery has been made, driver must arrive at a local establishment within 30 minutes after a call for pick-up has been made, or driver must be enroute within 30 minutes to a location out of the Salem/Roanoke metropolitan area.

I. CONTRACTOR POINT OF CONTACT FOR CONTRACT ADMINISTRATION:

Contractor shall provide a point of contact for all contract administration.

Name:

Title:

Telephone Number:

Email:

J. CONTRACTOR PERSONNEL:

1. PERSONNEL ACCEPTENCE: The Government reserves the right to accept or reject the contractor’s staff for the rendering of services. In the event the Government determines that a contractor staff member may no longer perform services under the contract, the contractor shall immediately remove and replace the staff member with another staff member that meets the qualifications required under the contract. The cost of removing and replacing staff members shall be borne solely by the contractor and there shall be no additional cost charged to the Government. The contractor is not relieved of any of its duties under this contract while securing the services of a replacement staff member.

Complaints concerning a contractor’s personnel performance or conduct shall be dealt with by the Contractor, and COR with the final decision regarding whether replacement is necessary being made by the Contracting Officer.

2. PERSONNEL ASSIGNMENTS: It is the responsibility of the Contractor to determine and assign the appropriate quantity and type of personnel to provide courier services however, the Government reserves the right to accept or reject the personnel. The contractor shall also specify and outline how many vehicles and drivers for each service request.

3. Contractor’s personnel shall use appropriate language when providing courier services. Obscene language is not permitted, and all individuals are expected to be courteous to Government staff, patients, and visitors.

4. Contractor’s personnel shall be dressed professionally, and neat in appearance. Shoes (no flip flops) and shirts must be worn at all times.

5. The parties agree that the contract personnel working under this contract shall not be considered Department of Veteran Affairs employees for any purpose and are employees of the contractor.

K. INSURANCE REQUIREMENTS:

Contractor shall provide Worker’s compensation, Employer’s Liability and General Liability Insurance in accordance with applicable state or federal laws.

L. VEHICLE INSURANCE:

In accordance with Federal Acquisition Regulation (FAR) 52.228-10 Vehicular and General Public Liability Insurance, the Contractor shall ensure every vehicle/driver is insured per State and federal guidelines. The Government shall not be responsible for accidents/incidents that occur while servicing a request.

M. QUALITY ASSURANCE:

Contractor shall provide a written quality control program that ensures courier services are performed in accordance with the Performance Work Statement within fifteen (15) days of contract award.

The Quality Assurance Plan shall include:

a. Procedures to track, identify prevent, remedy, and ensure non-recurrence of defective services.

b. Provide a method to accept and resolve customer complaints and notify the customer of the resolution.

c. Provide a contingency plan in the event when staff is out.

d. Contractor shall meet as necessary, no less then yearly, with the Contracting Officer (CO) and/or the Contracting Officer’s Representative (COR), to discuss immediate administrative and problem areas. Teleconference meetings will be allowed at the Contracting Officer’s discretion.

N. REPORTING/DOCUMENTATION:

1. Contractor must maintain a record and log of daily courier pick-ups and deliveries indicating time and date of pick-up, delivery, number of items per facility and/or department.

2. Driver signatures are required as written documentation of pick-up and delivery. All appropriate documents/logs/tracking sheets shall be signed by the driver.

3. If pharmaceuticals or any item that is transported become lost or broken, the contractor is required to submit a written report to the COR within twenty-four (24) hours explaining the circumstances. Failure to provide the report with the specific time frame shall cause further review by the Government to determine if the infraction warrants suspension/termination of the contract.

O. CONFIDENTIALITY:

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

P. CHANGES:

1. Contractor is advised that only the Contracting Officer has the authority to make changes which affect the contract in terms of quality, quantity, price, or delivery.

2. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof.

Q. INCLEMENT WEATHER:

Contractor shall contact the COR, or if the COR is not available, a Pharmacist on duty should weather conditions delay or cause cancellation of services. Contact information will be provided in the award document. Due to the nature of this business, it is necessary for the Contractor to furnish vehicles that operate safely in difficult weather conditions. Cancellations shall only occur as a last resort or due to acts of God.

SPECIAL CONTRACT REQUIREMENTS

01. KEY PERSONNEL.

Key personnel will be identified in the 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 30 days prior to such change.

02. HOURS OF OPERATION.

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 Federal Holidays or during off duty hours as described below.

The hours of operation vary from facility to facility, but many pick-up and delivery locations are open 24/7 or have extended business hours. As such, courier runs shall not be restricted to an 8:00am-4:30pm, Monday-Friday schedule. In some cases, night, weekend, and holiday runs will be required. Contractors must be available seven (7) days a week, twenty-four (24) hours a day, including weekends and national holidays, which are as follows:

1. New Year’s Day 1 January

2. Martin Luther King’s Birthday Third Monday in January

3. President’s Day Third Monday in February

4. Memorial Day Last Monday in May

5. Juneteenth Day 18 June

6. Independence Day 4 July

7. Labor Day First Monday in September

8. Columbus Day Second Monday in October

9. Veterans Day 11 November

10. Thanksgiving Day 4th Thursday in November

11. Christmas Day 25 December

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.

NOTE: Any deviation from the normal working schedule shall be approved in advance by the COR. The identification of federal holidays is controlled by the United States Office of Personnel Management (OPM).

03. BACKGROUND INVESTIGATIONS

A full background investigation is not required for contractor employees; the contractor is responsible to make sure each technician is fully vetted.

04. BADGES AND PARKING

1. All contractor personnel shall have identification available for inspection, if needed, during the entire time they are on the Salem VAMC grounds.

2. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas. Salem VAMC does not validate or make reimbursement for parking violations of the contractor's personnel under any circumstance.

05. BILLING AND PAYMENT.

Payment shall be made in arrears of the specified billing period after receipt of a proper invoice, provided all required work, including preventive maintenance, scheduled and unscheduled repairs, submission of reports and all other requirements for the period in questions have been performed in accordance with contract stipulations, and can be verified with service reports signed by VA Engineering COR or designee.

The Veterans Affairs Financial Services Center (FSC) require Contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices via the Electronic Invoice Presentment and Payment System http://www.fsc.va.gov/fsc/einvoice.asp.

Invoices shall be submitted in arrears. 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:

Contract Number Obligation/Purchase Order Number Invoice Number CLIN (contract line item number) Date of Service Description of Work Performed

06. 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.

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.

07. SMOKING DIRECTIVE

“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.”

08. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

SECTION C - CONTRACT CLAUSES

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

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 12, 2022 through September 11, 2027.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $200,000.00; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 11, 2027.

(End of Clause)

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

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

(End of Clause)

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

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

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

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

(End of Clause) C.7 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.

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

[] 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.

[X] 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.8 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.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

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

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

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

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

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

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

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

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

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

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

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

Certification:

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

Printed Name of Signee:________________________________________ Printed Title of Signee:_________________________________________ Signature:___________________________________________________ Date:_____________________ Company Name and Address:________________________________________ (End of Clause) (End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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] [] (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. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (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.

[] (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 (NOV 2021) (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 (SEP 2021) 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 (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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…