36C24720Q0354-003.docx

36C24720Q0354

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

679-20-3-5020-0043 36C24720Q0354 03-16-2020 LaShondra Wynn 205-554-2000 ext. 4021 03-20-2020

10:00 AM CST

Department of Veterans Affairs Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa AL 35404-5088 X X 562211 $41.5 Million

NET 30

N/A X

ATTN:

Tuscaloosa VA Medical Center 3701 Loop Rd East Tuscaloosa AL 35404 Department of Veterans Affairs Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa AL 35404-5088

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide Regulated Medical Waste and Sharps Removal Services to the Tuscaloosa VA Medical Center IAW the attached Performance Work Statement.

This is 100% Total Services Disabled Veteran Owned Small Business (SDVOSB) Set-aside. All SDVOSB's must be verified in VIP at the time of offer submission and at time of award.

ALL QUESTIONS MUST be sumitted by Wednesday, March 18, 2020

@ 2:00 PM CST.

See CONTINUATION Page X X X 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: LaShondra Wynn, lashondra.wynn@va.gov Department of Veterans Affairs Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa AL 35404-5088

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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

Page 1 of Page 1 of

STATEMENT OF WORK

Regulated Medical Waste and Sharps Removal Services

Tuscaloosa VA Medical Center

A. GENERAL INFORMATION:

1. Title of Project: Regulated Medical Waste and Sharps Removal Services

2. Location of Services: Tuscaloosa VA Medical Center, 3701 Loop Road East, Tuscaloosa, AL 35404

3. Location of Sharps/Bio-Hazard Containers:

3. Period of Performance: Base Plus Four (4) Option Years as follows:

Base Year: April 1, 2020 – March 31, 2021 Option Year #1: April 1, 2021 – March 31, 2022 Option Year #2: April 1, 2022 – March 31, 2023 Option Year #3: April 1, 2023 – March 31, 2024 Option Year #4: April 1, 2024 – March 31, 2025

4. Type of Contract: Firm Fixed Price

5. Days and Hours of Operation: The Tuscaloosa VAMC business days and hours are Monday through Friday 8:00 am- 4:30 pm, Central Standard Time, excluding Federal Holidays. Federal Holidays are New Year’s Day, Martin Luther King Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

B. GENERAL REQUIRMENTS:

1. The contractor shall provide all labor, supervision, transportation, supplies, equipment necessary to pick up and transport regulated medical waste (RMW) to include the pickup of sharps and bio-hazard waste.

2. The contractor shall collect, transport, and dispose of RMW and sharps. Should be treated by autoclaving or by means as regulated by the Alabama Department of Environmental Management, and in accordance with Federal, State and local laws and regulations.

3. Pickup of full sharps and RMW shall be once every other week on Wednesdays from the cage located in Building 3. Twice per week the contractor should pick up from all units as listed in the above table. Contractor is to check in with the COR or Chief EMS.

4. This medical facility has as estimate 19,102 pounds of RMW that is disposed of per year and 13,000 pounds of sharps and bio-hazardous waste per year.

5. Types of RMW include, but are limited to the following:

a. Pathological Waste

NOTE: PLEASE BE ADVISED that all personnel of the awarded contractor MUST have a completed ‘Tuberculosis Skin (TB) Test’ in order to work in patient areas. The TB Skin Test will be at the expenses of the contractor and proof of the test must be submitted to the Contracting Officer Representative (COR) prior to any on-site services conducted at the TVAMC.

C. SPECIFIC SERVICES:

1. Provide and Service Reusable Sharps Containment System:

a. Contractor shall provide labor, transportation, collection, removal, treatment and destruction services including a reusable sharps containment system compliant with Centers for Disease Control (CDC) and National Institute for Occupational Safety and Health (NIOSH) guidelines for the storage, transport and shipment of regulated medical waste.

b. A minimum of 90 containers is needed bi-weekly at the TVAMC. For start up purposes, a total of 196 containers are needed as follows:

· 2 gallon – 64

· 4 gallon – 36

· 7 gallon – 96

c. Contractor shall provide rigid puncture resistant sharps containers that meet the American Society for Testing Materials (ASTM) Standard F2131-01 "Standard Specification for Puncture Resistance of Materials Used in Containers for Discarded Medical Needles and Other Sharps".

d. Contractor shall provide sharps containers that include appropriate sizes and shapes, opening types (vertical drop) and closures (locking mechanism), mounting brackets, carts with casters (to hold and transport), training, and replacement for sharps collection and containment of Sharps Waste (defined below).

e. Sharps containers shall be of the type that lends itself to privacy of patient information (example- be of solid red in color). Each container shall meet all requirements of The Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1030 'Bloodborne Pathogens" and be registered as a sharp waste container with the Food and Drug Administration (FDA).

f. Contractor shall provide labor, tools, materials, supplies, appropriate equipment, transportation, and supervision necessary to pick up, store, transport, decant, and clean/sterilize containers as well as destroy, dispose of, document, and invoice for waste removed from the containers. Special function items such as, but not limited to, funnel tops, traps, wall cabinets and related hardware, shall be supplied by the contractor at no additional cost to the VA.

g. "Sharps infectious Waste" shall be considered for the purpose of this contract to include hypodermic needles, syringes and scalpel blades. The term does not include any hazardous waste, radioactive waste, or pharmaceuticals. The Medical Center will be responsible for the segregating of all waste in accordance with Federal, State, and Local requirements.

h. The Contractor shall provide a supply of clean/sterilized, dry and free of odors, reusable sharps containers to be kept on site to be used in the event that a container does become full prior to the contractor's scheduled exchange visit and an Environmental Management Service (EMS) staff member will then replace full container with a new empty one. Exact storage location to be determined by EMS.

i. Contents of containers shall be transported off station and disposed of as RMW. The contaminated reusable sharps containers shall be cleaned, disinfected, and sterilized for reuse. Reusable sharps containers shall not be cycled through more than 500 times or as stated and allowed by applicable and current regulations. The cost of any replacement sharps containers shall be at the Contractor's expense.

j. All containers shall be clearly labeled with Biohazard symbol and the word "BIOHAZARD' displayed on them along with barcode.

k. The contractor will provide red bags/liners for the re-useable plastic containers as needed, or upon request. We will require 8- and 15-gallon bags, using an estimated 1,200 bags per year for each size.

l. In additional to re-useable containers, contractor will provide red bags for use in emergencies.

2. Provide Regulated Medical Waste (RMW) collection and disposal services:

a. Contractor shall provide services including the provision of containers and labels for regulated medical waste; pickup of all regulated medical waste streams to include sharps; storage and transport; decanting, examination, appropriate treatment, disposal, and documentation of quantities and weights of waste; cleaning of containers; and provision of legal manifest which accurately documents the chain of custody from point of pickup to final disposition.

b. The estimated quantity of waste pickup is established in Section B2 Price/Cost Schedule.

c. Contractor will pick up medical waste and sharps from the units as listed in Section A3 and take to building 3 locked cage. The contractor will pick up and dispose of RMW and sharps from the containers behind Building 3 in the locked cage.

d. Regulated Medical Waste containers: Containers shall be made of rigid plastic construction designed to prevent puncture by needles and other sharps, capacity not to exceed 96-gallons, (minimum of 26 wheeled totes are needed in the catchment area) and shall include locking safety handles along with appropriate bio-hazard warning symbols approved by the State and Federal regulatory agencies. Contractor shall maintain the re-used containers and equipment in a state of satisfactory repair (no broken wheels or lids, sharp points) and appearance (free of dirt/old paper stickers) as determined by the COR. Contractor shall have containers disinfected inside and out and free of moisture using the Centers for Disease Control (CDC) approved disinfectant before returning them to the medical center or clinics for use. Safety Data Sheet (SDS) information shall be provided by the contractor to the COR prior to use.

e. Medical waste and sharps should be disposed of by autoclaving.

D. SAFETY REQUIREMENTS AND TRAINING:

a. Contractor vehicles, carts, materials, or supplies shall not be left unattended. Vehicles shall be parked only in designated area as provided by EMS staff.

b. Contractor shall ensure that its staff who drive on VA property are professional, comply with all facility policies such as zero tolerance for sexual harassment and violence in the workplace, drug-free workplace, safety, and be appropriately dressed.

c. Contractor shall ensure that facility standards are followed along with The Joint Commission standards. Contractor is solely responsible for any and all spills or leaks during the performance of the contract.

d. The Contractor agrees to clean up such spills and/or leaks to the satisfaction of the Government in a manner which satisfies the applicable regulations, at no cost to the Government.

e. The Contractor shall report to the VA Safety Officer via the COR all spills, regardless of quantity and all personnel exposures. Such reports shall first be reported by telephone within 30 minutes following the incident and shall have a follow up in writing no later than seven (7) days after the initial report. When reporting a spill, the following information shall be furnished (1) quantity spilled; (2) exact location of spill; (3) containment procedures initiated; (4) clean-up and disposal procedures; (5) personal injury involved; (6) assistance required; and (7) a narrative summarizing all on-scene visits made by local, state, and federal officials.

f. Contractor shall not dispose of any chemical containers contaminated by cleaning chemicals in any location in the facility except as specified by the COR.

g. Contractor shall comply with all applicable federal, state, county regulations on workers' safety standards and related training.

h. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill before starting work under this contract.

i. Certification of such training shall be provided within (fifteen) 15 days of receiving notice of award of the contract. Certification for any new contract employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training.

E. CONTRACTOR SUBMITTALS:

a. Prior to commencement of any work, the Contractor and employees working on this contract shall submit to the COR and/or Contracting Officer:

1. Contractor shall be properly licensed by Federal, State and Local authorities to provide pickup, removal and disposal of bio-hazardous waste and insured.

2. Contractor shall attach copies of licenses, permits, and proof of insurance indicated above with their quote at time of offer due date and shall maintain all required licensing, permitting, and insurance throughout the life of the contract.

3. Contractor shall provide name, address, contact name and telephone number of all disposal facilities to be used under this contract, with their offer at time of offer due date.

4. Contractor shall make complete distribution of the waste to a reliable licensed facility approved by all Federal, State, and Local regulatory bodies for disposal.

5. The contractor shall identify a person who shall be responsible for the performance of work. The name and phone number shall be provided to the Contracting Officer at the time of offer.

6. The contractor shall establish and maintain a complete quality control program to assure the requirements of the contract are provided as specified. The contractor shall provide a copy of their quality control program to the Contracting Officer at the time of offer.

7. The contractor shall develop and submit to the Contracting Officer, a copy of their contingency plan in the event of vehicle breakdown, disposal facility breakdown, natural disaster, or employee strike at the time of offer. The contingency plan will include notification procedures for informing the Contractor Officer Representative (COR)/generator of any actuation of the contingency plan to prevent possible violation of interstate laws.

F. CONTRACTOR QUALIFICATIONS:

a. All personnel of the awarded contractor MUST have a completed “Tuberculosis Skin (TB) Test” in order to work in patient areas. The TB Skin Test will be at the expense of the contractor and proof of the test must be submitted to the Contracting Officer Representative (COR) prior to any on-site services conducted at the TVAMC.

b. Contractor must provide a copy of the State Department of Environmental Management, Notification of Permit by Rule Operations Solid Waste Collection Operation Permit, Transporter Permit.

G. MANIFEST DOCUMENTATION/REPORT:

a. Contractor will make pickups at the designated pick up points between the hours of 8 am and 2:30 p.m. (weekdays).

b. The contractor shall provide tracking of medical waste from the point of pickup, through use of an EPA, DEQ for applicable state, and DOT approved manifest system.

c. The Contractor shall provide hard copy documentation (manifest sheets) to the COR, indicating time and date of pickup, time and date of autoclaving, and weight of each container received at the time of pick up.

d. Contractor staff shall engage only authorized EMS staff (COR or designee) to sign manifests of waste in accordance with DOT and state requirements. Contractor shall provide final copy of manifests within two (2) weeks after the end of the month of service.

e. Contractor shall provide the weights of medical waste processed for each facility site at the end of each month. These weights may be included on the monthly invoice but must be provided monthly.

f. Contractor will provide all the necessary labels to designate the type of medical waste contained in each container (medical waste).

H. INVOICES:

a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer's Representative (COR), and submitted to VA FSC, P. 0. BOX 149971, AUSTIN, TX 78714 VIA THE OBI0 online electronic invoicing system.

b. In order to submit electronic invoices, all VA vendors must register with Tungsten Network (formerly OB10) by submitting an email to VA.Registration@oblO.com or calling 1-877-752-0900 option 2 for Enrollment.

c. Contractor shall submit an electronic invoice by the tenth of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at http://www.tungsten network.com/us/en/veterans-affairs-us/. For questions regarding the submission of VA electronic invoices, OB I 0 customer service may be contacted at 1-877-489-6135.

d. For questions regarding invoice receipt or payment, please call VAFSC directly at l -877-353-9791 or email vafsccshd@va.gov

e. A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor's Name and Address

· Accurate Purchase Order Number (PO# will change each option year)

· Supply or Service provided

· Itemization of pounds collected and disposed of

· Price per pound or per service, as applicable

· Dates of Service performed

· Total amount due

I. QUALITY CONTROL/ASSURANCE (CONTRACTOR):

a. The contractor shall establish and maintain a complete quality control/assurance program to assure the requirements of the contract are provided as specified.

b. The contractor shall provide a copy of their quality control/assurance plan to the Contracting Officer with their quote at time of offer due date.

J. QUALITY/PERFORMANCE REQUIREMENTS SUMMARY:

a. As stated above, the contractor shall be responsible for their own internal Quality Control Program. The Government will perform surveillance of the contractor's performance using the Performance Work Statement and the Performance Requirements Summary (see Technical Exhibit 1) on the next page to determine if the contractor exceeds, meets, or does not meet these standards. The fact that the government is performing surveillance of the contractor's performance does not in any way relieve the contractor from performing their own surveillance and maintaining acceptable quality levels.

b. Performance Requirements Summary Matrix:

1. The government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Technical Exhibit 1

K. BASIS OF AWARD: Award will be made to the Lowest Price Technically Acceptable (LPTA) contractor meeting the contractor qualifications and submittals referenced above.

END OF PERFORMANCE WORK STATEMENT

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE LABOR, SUPERVISION, AND EQUIPMENT FOR A REUSABLE SHARPS CONTAINER PROGRAM AND A REGULATED MEDICAL WASTE CONTAINER PROGRAM, AS DIRECTED IN THE STATEMENT OF WORK Contract Period: Base POP Begin: 04-01-2020 POP End: 03-31-2021

PROVIDE SERVICES FOR COLLECTION, WEIGH, TRANSPORT AND DISPOSE OF SHARPS AND REGULATED MEDICAL WASTE AS DIRECTED IN THE STATEMENT OF WORK.

PROVIDE REUSABLE, SANITIZED SHARPS CONTAINERS AS NEEDED

PROVIDE LABOR, SUPERVISION, AND EQUIPMENT FOR A REUSABLE SHARPS CONTAINER PROGRAM AND A REGULATED MEDICAL WASTE CONTAINER PROGRAM, AS DIRECTED IN THE STATEMENT OF WORK Contract Period: Option 1 POP Begin: 04-01-2021 POP End: 03-31-2022

PROVIDE SERVICES FOR COLLECTION, WEIGH, TRANSPORT AND DISPOSE OF SHARPS AND REGULATED MEDICAL WASTE AS DIRECTED IN THE STATEMENT OF WORK.

PROVIDE REUSABLE, SANITIZED SHARPS CONTAINERS AS NEEDED

PROVIDE LABOR, SUPERVISION, AND EQUIPMENT FOR A REUSABLE SHARPS CONTAINER PROGRAM AND A REGULATED MEDICAL WASTE CONTAINER PROGRAM, AS DIRECTED IN THE STATEMENT OF WORK Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

PROVIDE SERVICES FOR COLLECTION, WEIGH, TRANSPORT AND DISPOSE OF SHARPS AND REGULATED MEDICAL WASTE AS DIRECTED IN THE STATEMENT OF WORK.

Contract Period: Option 2 POP Begin: 04-01-2022 POP End: 03-31-2023

PROVIDE LABOR, SUPERVISION, AND EQUIPMENT FOR A REUSABLE SHARPS CONTAINER PROGRAM AND A REGULATED MEDICAL WASTE CONTAINER PROGRAM, AS DIRECTED IN THE STATEMENT OF WORK Contract Period: Option 3 POP Begin: 04-01-2023 POP End: 03-31-2024

PROVIDE SERVICES FOR COLLECTION, WEIGH, TRANSPORT AND DISPOSE OF SHARPS AND REGULATED MEDICAL WASTE AS DIRECTED IN THE STATEMENT OF WORK.

PROVIDE REUSABLE, SANITIZED SHARPS CONTAINERS AS NEEDED

PROVIDE LABOR, SUPERVISION, AND EQUIPMENT FOR A REUSABLE SHARPS CONTAINER PROGRAM AND A REGULATED MEDICAL WASTE CONTAINER PROGRAM, AS DIRECTED IN THE STATEMENT OF WORK Contract Period: Option 4 POP Begin: 04-01-2024 POP End: 03-31-2025

PROVIDE SERVICES FOR COLLECTION, WEIGH, TRANSPORT AND DISPOSE OF SHARPS AND REGULATED MEDICAL WASTE AS DIRECTED IN THE STATEMENT OF WORK.

PROVIDE REUSABLE, SANITIZED SHARPS CONTAINERS AS NEEDED

B.3 DELIVERY SCHEDULE

12.00

16,000.00

12.00

12.00

16,000.00

12.00

12.00

16,000.00

12.00

16,000.00

12.00

12.00

16,000.00

12.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

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

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

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

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C. 657f).

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

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

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

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

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[] (48) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 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)).

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

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(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 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (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 802.101, Surviving Spouse definition);

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

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

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

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

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

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR…