36C24624Q0538.docx

36C24624Q0538

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

590-24-2-562-0099 36C24624Q0538 03-15-2024 Satasha Stewart 757-251-4136 03-25-2024 12:00

EDT

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

VA

23667 X X 562112 $47 Million Net 30 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 Sharps Container Disposal program for the Hampton VA Medical Center and associated CBOCs, in accordance with (IAW) the Statement of Work (SOW).

Period of Performance: One Base year with Four Option Years.

Base: 4/1/2024 - 3/31/2025

OY1: 4/1/2025 - 3/31/2026

OY2: 4/1/2026 - 3/31/2027

OY3: 4/1/2027 - 3/31/2028

OY4: 4/1/2028 - 3/31/2029

See CONTINUATION Page 590-3640162-562-856700-2580 0100561G3 X X Natasha Jacobson 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

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.

VA Financial Service Center (FSC) Electronic Invoice Presentment & Payment System https://www.fsc.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

FY24 Sharps Container Program (IAW the PWS).

Location: Hampton VAMC, and outlying CBOCs.

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

LOCAL STOCK NUMBER: BASE

1x fee for brackets for 4 new container cabinets/inserts.

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

LOCAL STOCK NUMBER: BRACKETS

1x fee for 2 CS1 Carts.

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

LOCAL STOCK NUMBER: CARTS

FY24 Sharps Container Program (IAW the PWS).

Contract Period: Option 1 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

FY24 Sharps Container Program (IAW the PWS).

Contract Period: Option 2 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

FY24 Sharps Container Program (IAW the PWS).

Contract Period: Option 3 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

FY24 Sharps Container Program (IAW the PWS).

Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

B.3 PERFORMANCE WORK STATEMENT

1.0 INTRODUCTION.

The Department of Veterans Affairs currently has the need for a contractor to provide a reusable medical sharps container management program at the Hampton VA Medical Center (HVAMC) and surrounding Community-Based Outpatient Clinics (CBOC). Contractor shall furnish all permits, services, materials, labor, supervision, management, management support, transportation, supplies, and equipment.

2.0 SCOPE.

2.1 The program must be performed in accordance with all Federal, State, and Local laws and regulations. The program is intended to accomplish waste minimization requirements for the medical center as well as improve the safety of staff, patients, and visitors. The proposed sharps containers shall be reusable containers as opposed to disposable containers.

2.2 The reusable sharps container program shall include: removal of existing sharps containers system (including disposable containers, wall brackets, carts, and cabinets); installation of reusable sharps containers (including lockable mounting brackets, stationary stands, mobile carts, and bulk storage/transport carts); in-service training to staff on use and handling of containers and proper segregation of medical sharps waste from other medical waste; monitoring reusable sharps containers to provide timely collection of full containers and replacement with clean/sanitized containers; transportation and disposal of medical sharps waste in accordance with Federal, State, and Local laws and regulations.

2.3 Regulated Medical Waste (RMW) includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste, or other potentially infectious materials. The Contractor shall manage a reusable medical sharps container program at Hampton VAMC, CBOCs and APOC, as specified in this PWS.

3.0 PROGRAM LOCATIONS.

3.1 Contractor shall furnish all permits, services, materials, labor, supervision, management, management support, transportation, supplies, and equipment required to provide a reusable medical sharps container management program at the following:

Hampton Veterans Affairs Medical Center 100 Emancipation Drive Hampton, Virginia 23667 (HVAMC)

Virginia Beach Community-Based Outpatient Clinic (CBOC) 244 Clearfield Blvd.

Virginia Beach, Virginia 23462 (CBOC)

Chesapeake Community-Based Outpatient Clinic (CBOC) 1987 S. Military Hwy.

Chesapeake, Virginia 23320 (CBOC)

Albemarle Primary Outpatient Clinic 1845 West City Drive Elizabeth City NC 27909 (APOC)

4.0 COORDINATION.

4.1 SCHEDULING: The contractor shall provide a written work schedule identifying when the work will be accomplished. All work must be scheduled through the Contracting Officer’s Representative (COR). Normal hours of work shall be Monday through Friday (excluding National Holidays), 7:00 a.m. to 4:00 p.m. unless other arrangements are made in advance with the COR.

4.2 The contractor personnel must report to EMS prior to beginning work for each day and shall report back to EMS what they accomplished during the day before leaving the Medical Center grounds.

4.3 INTERFERENCE TO NORMAL FUNCTION: Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

4.4 Contractor personnel shall inform the COR or the designee of the need to gain access to secured areas. If access is required to secure areas, prearranged scheduling will be made with COR or designee.

4.5 The government will provide access for the Contractor to medical sharps waste collection and storage areas to support completion of work.

4.6 Contractor shall, at no additional cost to the Government, provide and maintain licenses, permits, vehicles, operators, equipment, and materials to properly handle, package, label, transport, and dispose of medical sharps waste generated at VAMC and CBOCs.

5.0 REMOVAL/DISPOSAL AND INSTALLATION OF WALL MOUNTED SHARPS CONTAINERS

5.1 There are estimated 550 sharps container locations throughout the Hampton VAMC and CBOC/APOC campuses.

5.2 Contractor shall remove existing sharps containers (including wall brackets, cabinets, and carts) and install reusable sharps containers (including lockable mounting brackets, stationary stands, single and double mobile carts, and bulk storage/transport carts). Wherever feasible, the contractor will mount their wall brackets in the same location as the existing wall bracket being removed. All sharps container brackets that are wall mounted must be mounted in accordance with OSHA and NIOSH and meet industry standard ergonomics. Note: currently wall mounted brackets are already in place, if the contractor’s containers do not fit the already installed brackets, then the brackets must be changed out at the contractor’s expense. Contractor shall patch and paint walls, where needed, to match surrounding walls because of the removal of the old system.

5.3 All tasks accomplished by contractor personnel will be performed to preclude damage or disfigurement of government-owned furnishings, fixtures, equipment, and structures. The contractor will report any damages caused by his/her agent and will be responsible for repairing or replacing to the VA’s satisfaction. The government will not be held responsible for loss or damage to the contactor’s equipment or belongings.

5.4 The system must meet all Federal, State, Local, NIOSH, OSHA and DOT standards for collection, storage, transport, and disposal of medical sharps waste. All mobile carts and bulk transport carts must have wheels and be always clean and in good repair. Minimum requirements for the reusable sharps containers are as follows:

0. Reusable

0. Puncture proof

0. Must arrive at the medical center fully assembled

0. Leak proof in all orientations

0. One hand/one step disposal mechanism

0. Overfill protection design feature built into container (i.e., container must close off automatically once fill point has been reached)

0. Secure/Tamper-proof to include a permanent locking design feature

0. Sight/View port that shows when the container is full

0. Large access opening with safety tray restricting hand access for public access areas and open top unrestricted access for secure areas such as lab and OR

0. Available in various sizes dependent on need

0. Must have a barcode tracking feature on each container for safety and accountability

0. Able to be sanitized using a six-stage process to include environmentally friendly cleaning agents to ensure a high level of microbiological efficacy

0. Must meet U.S. Department of Transportation regulations

0. Must be certified to United Nations PG2 specifications for transport of dangerous goods

0. Must be labeled in accordance with Federal, State, Local regulations

5.5 Pricing will be set at a flat monthly sum and combined for all locations. This monthly amount will include all items requested during the contract at no additional cost to the VA, including additional mounts or increased numbers of containers. Hampton VA Medical Center, and its outlying clinics, are fast growing facilities. Contractor must be able to provide additional sharps containers in response to this growth potential.

6.0 SPECIFICATIONS.

6.1 Premium Plus Service, a full-service program, which includes total turnkey service where the contractor is responsible for ordering, delivering, handling, changing-out/servicing, transporting, and disposing of medical sharps waste on a regular scheduled basis, to include replacement of reusable sharps containers at each point of use as needed for Hampton VAMC, to include buildings on campus external to the main facility, in accordance with Federal, State and Local regulations. The frequency of change-out/service of containers at point of use may vary dependent on use and shall be determined by the Contractor during the early stages of use following initial installation. However, medical sharps waste stored in external transporters must be transported off-site in accordance the regulations.

6.2 Contractor will be required to remove all collected sharp containers from the grounds of Hampton Veterans Affairs Medical Center, then transport to an approved disposal facility as required by applicable federal and state regulations. The contractor will have sole responsibility for removing and replacing all sharps containers with a sterile empty unit prior to being full. Contractor will be required to provide the appropriate staff to monitor all containers placed throughout the HVAMC.

6.3 Contractor will be required to provide the appropriate staff to remove all full containers placed in a central location at the CBOCs and APOC. The contractor will be responsible for supplying sterile empty sharps containers for each full container in the central location. Contractor will be required to remove full collected sharp containers from the central location at the CBOCs and APOC, then transport to an approved disposal facility as required by applicable federal and state regulations.

6.4 Contractor will be required to maintain empty clean units at facilities HVAMC, CBOC and APOC so staff can have access for emergencies.

6.5 Contractor will be responsible for creating location reports of all units installed throughout all facilities and create frequency reports of all units being removed for disposal.

6.6 Contractor shall track the number of times sharp container is reused using a barcode system. Contractor shall remove from service any containers that have been used the maximum allowable times.

6.7 Contractor shall provide a documented back-up plan in the event circumstances disrupts ability to provide pick-up services. Service shall be provided within 24 hours of a failure to meet scheduled pick-up times.

6.8 Contractor shall track the type, size, date, and location of containers being changed-out/serviced. Documentation of the number of containers changed-out/serviced and their sizes shall be provided upon request to Hampton VAMC, CBOC and APOC, and to support tracking waste generation quantities. Reports shall be provided monthly.

0. The Contractor is responsible for delivering replacement sharps containers that are certified to have been cleaned/sterilized and are in proper working condition prior to delivery to the medical center (no signs of blood or body fluids or any other type of dirt).

6.10 Contractor shall provide back-up containers for areas not accessible to contractor during servicing (For Premium Plus Service option only).

6.11 The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract to avoid an interruption of service due to failure of equipment or personnel issues. The Contractor shall incur all cost associated with fulfilling this contingency plan at no additional cost to the Government. The Contractor shall be liable for all expenses incurred by the Government due to the Contractor’s inability to perform in accordance with these requirements.

6.12 Contractor vehicles used to transport medical sharps waste must be equipped with emergency spill kits for infectious waste. Vehicle drivers must be trained in emergency spill response procedures for infectious waste.

7.0 TRAINING

Contractor shall provide annual in-service training to Hampton VAMC, and CBOC, staff on the use, handling, and care of the reusable sharps containers and proper segregation of medical sharps waste from other medical waste, at no additional cost to the Government. Training shall be documented and shall be provided 247 during initial installation to ensure that training is available to all employees. Contractor shall provide in–service training videos or DVDs for staff not available at the time of training at no additional cost to the Government.

8.0 DOCUMENTATION

8.1 The Contractor shall provide a copy of the manifest/certificate of destruction or other equivalent Department of Transportation (DOT) shipping papers to COR upon shipment of medical sharps waste containers which include the following information:

0. Regulated Medical Waste Transporter number.

0. Regulated Medical Waste Handling Permit number.

0. U.S. DOT number.

0. Transporter’s company name, mailing address, telephone number, and emergency contact phone number.

0. Quantity of medical sharps waste being shipped.

0. Name and location of the medical waste processing facility, method of destruction, and the name and location of the destination facility for the medical waste.

0. Date of shipment.

8.2 The Contractor shall provide the completed manifest/certificate of destruction to the COR within 30 days of the medical sharps waste reaching its destination.

8.3 Contractor shall provide report of the type, size, date, and location of containers being changed-out/serviced. Documentation of the number of containers changed-out/serviced and their sizes shall be provided to Hampton VAMC, CBOCs and APOC, and to support tracking waste generation quantities. Reports shall be provided monthly.

8.4 The deliverables from this contract will be used to support regulatory recordkeeping requirements for regulated medical waste disposal at Hampton VAMC, CBOCs and APOC.

8.5 The Contractor shall adhere to all Federal, State, and Local laws and regulations for proper management, transportation, and disposal of Regulated Medical Sharps Waste.

B.4 SPECIAL CONTRACT REQUIREMENTS

A. WORK HOURS

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 following terms have the following meanings:

Normal working hours: Monday through Friday, 8:00 am – 4:00 pm., excluding federal holidays. The 10 holidays observed by the Federal Government are:

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.

B. BILLING AND PAYMENT.

Invoices shall be submitted monthly, in arrears and shall include at a minimum:

C. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

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

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

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

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

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

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

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

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

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

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

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

D. QUALITY ASSURANCE SURVEILLANCE PLAN

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

E. BACKGROUND INVESTIGATIONS

A full background check is not required for this position; however, all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility.

Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

F. 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 COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

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

POINTS OF CONTACT

Contracting Officer Natasha Jacobson Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Bldg 27 Hampton, Virginia 23667 Ph 757-728-7152 Natasha.Jacobson@va.gov

Contract Specialist Satasha Stewart Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Bldg 27 Hampton, VA 23667 Ph 757-251-4136 Satasha.Stewar@va.gov Facility POC Willie Gilliam Hampton VA Medical Center 100 Emancipation Drive Hampton, VA 23667 Ph 757-722-9961 x2255 36C24624Q0538 Willie.Gilliam@va.gov Page 1 of Page 1 of

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 52.216-18 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 4/1/2024 through 3/31/2029.

(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.2 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.3 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 60 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.4 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.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

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

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

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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 18 U.S.C. 1001.

(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. Contracting officers 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)

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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