36C24723Q0407 Trash Pick up Final.docx

i. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

ii. Solicitation 36C24723Q0407 is issued as a request for quotation (RFQ).

iii. The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-01, dated 12-30-2022.

iv. This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification SBA Veteran Small Business Certification (sba.gov) concern verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA Vet Cert verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award. The applicable e NAICS Code for this solicitation is 562119, Small Business Size Standard $47.0 Million. Applicable wage determination WD # 2015-4465 Revision No.: 22 Dated 08/07/2023 is incorporated.

v. Contractor shall provide quote for onsite waste services at the Charlie Norwood VAMC (3) three 30 or 40 cubic yard roll-off type container suitable to hold construction waste services with a base plus (4) four option years.

PRICE/COST SCHEDULE

ITEM INFORMATION

Vendor shall provide onsite at the Charlie Norwood VAMC one (1) 30 and one (1) 30 or preferred 40 cubic yard roll-off type container suitable to hold construction waste. There will be one (1) container remain on site at 800 Baile Drive, Charlie Norwood VAMC, Augusta, GA 30901 and one (1) container at 1 Freedom Way, GA 30904 on continuous basis.

Contract Period: Base POP Begin: 12-31-2023 POP End: 03-30-2024

Load pick-up fees for 30 or 40-yards roll-off

Contract Period: Base Year

POP End: 12-30-2024

Disposal charge (estimated tonnage) per month Contract Period: Base

POP End: 12-30-2024

Vendor shall provide onsite at the Charlie Norwood VAMC three (3) 30 or 40 cubic yard roll-off type container suitable to hold construction waste. There will be one (1) 30 container remain on site at 800 Baile Drive, Charlie Norwood VAMC, Augusta, GA 30901 and two (2) containers at 1 Freedom Way, GA 30904 on continuous basis.

Contract Period: Option 1 POP Begin: 12-31-2024 POP End: 12-30-2025

Load pick-up fees for 30- or 40-yards roll-off

Disposal charge (estimated tonnage) per month

Vendor shall provide onsite at the Charlie Norwood VAMC three (3) 30 or 40 cubic yard roll-off type container suitable to hold construction waste. There will be one (1) 30 container remain on site at 800 Baile Drive, Charlie Norwood VAMC, Augusta, GA 30901 and two (2) containers at 1 Freedom Way, GA 30904 on continuous basis.

Contract Period: Option 2 POP Begin: 12-31-2025 POP End: 12-30-2026

Load pick-up fees for 30- or 40-yards roll-off

Disposal charge (estimated tonnage) per month

Vendor shall provide onsite at the Charlie Norwood VAMC three (3) 30 or 40 cubic yard roll-off type container suitable to hold construction waste. There will be one (1) 30 container remain on site at 800 Baile Drive, Charlie Norwood VAMC, Augusta, GA 30901 and two (2) containers at 1 Freedom Way, GA 30904 on a continuous basis.

Contract Period: Option 3 POP Begin: 12-31-2026 POP End: 12-30-2027

Load pick-up fees for 30- or 40-yards roll-off

Disposal charge (estimated tonnage) per month

Vendor shall provide onsite at the Charlie Norwood VAMC three (3) 30 or 40 cubic yard roll-off type container suitable to hold construction waste. There will be one (1) 30 container remain on site at 800 Baile Drive, Charlie Norwood VAMC, Augusta, GA 30901 and two (2) containers at 1 Freedom Way, GA 30904 on continuous basis.

Contract Period: Option 4 POP Begin: 12-31-2027 POP End: 12-30-2028

Load pick-up fees for 30- or 40-yards roll-off

Disposal charge (estimated tonnage) per month

Description of Requirement: The contractor shall provide onsite at the Charlie Norwood VAMC (3) three 30 or 40 cubic yard roll-off type container suitable to hold construction waste. There will be (2) two containers that will remain on site at 800 Baillie Drive, Charlie Norwood VAMC, Augusta, GA 30901 and (1) one at Freedom Way, Augusta, GA 30904 on a continuous basis. The pick-up and dumping shall be scheduled by Charles Davis or designee.

Performance Work Statement (PWS)

Trash-Pickup and Construction Debris

A. GENERAL INFORMATION

1. Purpose: To provide (3) three 30-yard or 40-yard containers and removal services for trash and construction debris at the Charlie Norwood VA Medical Center (CNVAMC). The Uptown Division is located at 1 Freedom Way, Augusta, GA 30904 to the Charlie Norwood VA Medical Center Augusta, GA, Downtown Division at 950 15th Street.

2. Background: CNVAMC serves Veterans at both hospital divisions. These containers are used to collect trash and construction debris from ongoing projects or maintenance and repairs.

3. Scope of Work: Contractor shall provide all necessary labor, transportation, materials, tools, supplies, supervision, incidental engineering equipment and management necessary to provide (3) three 30-yard containers, pick-up, and disposal services as outlined in this performance work statement (PWS).

4. Performance Period: The performance period will be one base year with four 1-year options to renew.

5. Hours of Service:

a. Work is to be done between the hours of 7:00a.m. and 4:30p.m. (unless special arrangements are made in advance), Monday through Friday, excluding holidays.

Federal Holidays

6. Type of Contract: The contract will be a Firm-Fixed-Price contract.

B. GENERAL REQUIREMENTS

1. SCOPE OF WORK: Vendor shall provide onsite at the Charlie Norwood VAMC (3) three 30 or 40 cubic yard roll-off type container suitable to hold construction waste. There will be (2) two containers that will remain on site at 800 Baillie Drive, Charlie Norwood VAMC, Augusta, GA 30901 and (1) one at Freedom Way, Augusta, GA 30904 on continuous bases. The pick-up and dumping shall be scheduled by Charles Davis or designee. Method of scheduling is by call being placed to the vendor by Charles Davis or designee. Upon vendor receiving a call for pick-up, the container shall be picked-up, dumped at an approved site and returned to the Medical Center and placed in the designated location. The container shall be dumped and returned the same day.

2. REPORTING: Vendor shall report to Mr. Charles Davis (706)733-0188 extension 3358/James Jarriel extension. 3356, Building Supervisor for pick-up and delivery coordination.

3. PERFORMANCE: Vendor shall provide approved (3) three 30 0r 40 Cubic yard roll-off type container which holds and transports construction waste. The container will remain on site until full. Upon receiving a call from Charles Davis or designee, the vendor will dispatch a driver to pick-up the container, dump and return to the designated location.

C. VA INFORMATION SYSTEM SECURITY/PRIVACY CLAUSE

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY CHECKLIST:

· “The C&A requirements do not apply, and a Security Accreditation Package is not required.”

· Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor.

· There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services.

Minimum Statutory Requirements

Prohibition on unauthorized disclosure: Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C, paragraph 6.a Requirement to pay liquidated damages in the event of a data breach:

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code.

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification.

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports.

(3) Data breach analysis.

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution.

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d)

INVOICES: 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 electronically through OB-10.

A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor’s Name and Address

· Accurate Purchase Order Number

· Supply or Service provided.

· Total amount due

INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line-item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

· Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

D. Flow down of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

I. Non-personal Services Contract:

1. No employer-employee relationship is created by an agency’s use of private sector contractor-employees under these regulations. Services furnished by contractor-employees shall be performed by their employees who shall not be considered or treated as Federal employees for any purpose, shall not be regarded as performing a personal service, and shall not be eligible for civil service employee benefits, including retirement. Further, to avoid creating any appearance of such a relationship, agencies shall observe the following requirements:

· [5 CFR 330]

II. VA Information and Information System Security/Privacy Requirements:

1. All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards, and VA policies, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security.

2. Contractors must follow policies and procedures outlined in VBA Directive 6300, VA Directive 6500, VA Directive 6500.6, VA Handbook 6500, Contract Security which are available at: http://wwwl.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

Information Security:

1. The Contractor shall not attempt to override or disable security, technical, or management controls unless expressly permitted to do so explicit under the contract or at the direction of the COR and/or Information Security Officer (ISO).

2. If paper is discovered with personally identifiable information (PII) or sensitive personal information (SPI) on it while performing normal duties outlined in this contract, the Contractor should immediately take it to the COR or the ISO and communicate the following details: where the information was found and who finds it.

3. PII is information, address, social security, etc.:

a) SPI with respect to an individual, means any information about the individual maintained by an agency, including the following: (i) education, financial transactions, medical history, and criminal or employment history;(ii) information that can be used to distinguish or trace the individual’s identity, including name, social security number, date and place of birth, mother’s maiden name, or biometric records.

b) The Contractor will not take VA sensitive information from the work- place without written authorization from the COR and the ISO.

NOTE: Per VA Handbook 6500.6 Appendix A, the C&A requirements do not apply, and a Security Accreditation Package is not required.

vi. Period of Performance: Base Year of (12) twelve months from date of award with potential (4) four (12) twelve-month option periods. FOB Destination.

vii. FAR 52.212-1, Instructions to Offerors – Commercial Items (NOV 2021), applies to this solicitation. The following provisions and clauses are added as addenda:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-26 Covered Telecommunications Equipment or Services- Representation (OCT 2020) 52.233-2 Service of Protest (SEPT 2006)

52.237-1 Site Visit (Apr 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Department of Veterans Affairs, Veterans Benefits Administration, Office of Acquisition, 1600 G Street, NW, Washington, DC 20006.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Addendum FAR 52.212-1 – Instructions to Offers- Commercial

The Department of Veterans Affairs is soliciting quotes from SDVOSB vendors to provide onsite at the Charlie Norwood VAMC (3) three 30 or 40 cubic yard roll-off type container suitable to hold construction waste. There will be (2) two containers that will remain on site at 800 Baillie Drive, Charlie Norwood VAMC, Augusta, GA 30901 and (1) one at Freedom Way, Augusta, GA 30904 on a continuous basis.

The government anticipates a single (all or none), firm‐fixed‐price award.

Submission of Quotes: Quotes shall be received on or before the date and time specified. Quotes must be emailed to gail.bargaineer2@va.gov and offerors shall ensure the Quote Format is followed and submitted electronically by email to the Contracting Specialist, Gail Bargaineer @ (gail.bargaineer2@va.gov) September 8, 2023 @7AM EST. There will be no exceptions.

Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. All line items in the Price Schedule must include a price. Pricing must be submitted separately from your quote. Firm, fixed pricing for each line item is required.” All fillable documents are required for submission. Submission of VAAR 852.219-75 certification filled out is required. Offerors must submit recent and relevant past performance history that is similar to the work in the Combined Synopsis Performance Work Statement (PWS).

Site Visit: A site visit to the Charlie Norwood VA Medical Center and the additional sites are at the Contractors request to conduct a joint walkthrough of the facility with the COR to discuss all tasks related to the PWS. Contractors are to contact the COR directly to schedule the site visit on the following dates: TBD.

Submission of Quotes:

a. Company Full Name, Address and Telephone Number of point of contact.

d. Written statement limited to two pages or less demonstrating the offeror has the required technical capability, experience, and past performance.

e. VAAR 852.219-75 certification are a submission requirement and shall be submitted electronically.

f. An Offeror must be SDVOSB Verified (reference VAAR 852.219-73) at time of quote submission and at time of award.

g. An Offeror is required to be Registered in the System for Award Management (SAM) (52.204-7) when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

h. Offerors must submit 3 references Past Performance Evaluation Worksheet (Attachment B: Past Performance Questionnaire).

i. Questions: Questions shall be submitted to the Contracting Specialist in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is September 4, 2023@9AM EST. Questions received after this date and time may not be answered. There will be no exceptions. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

Failure to provide any of this information or providing inadequate or unclear information will result in the quote being rated unsatisfactory and ineligible for award.

To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification SBA Veteran Small Business Certification (sba.gov) verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA Vet Cert verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award.

(End of provision)

ix. FAR 52.212-2, Evaluation – Commercial Items (NOV 2021), applies to this solicitation.

BASIS FOR AWARD: This requirement will be competed and awarded under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures. The contracting techniques associated with FAR Part 15 do not apply. The Government will make an award to the responsible Offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The government intends to compare what has been quoted to one another to select the quote that is best suited to fulfill the requirement. The evaluation factors outlined in this request for quote will determine suitability.

Technical, Experience and past performance when combined are more important than price.

The Government will award a contract resulting from this solicitation to the responsive, responsible Vendor in accordance with FAR 9.104-1 and whose quote conforms to the solicitation, and provides the best value to the Government, price and other non-price factors considered.

Evaluation Approach. The non-price factor are more important than price. As such, the Government reserves the right to make an award to other than the lowest priced quoter if it is in the government’s best interest to do so. Since award may be made to the Vendor with other than the lowest price, price is not necessarily the determining factor.

1. The following factors shall be used to evaluate quotes:

a. Technical Capability. The technical capability rating reflects the degree to which the proposed approach has demonstrated the ability to perform grounds maintenance services as required by the solicitation. The technical evaluation rating will be determined by evaluating the following: Vendors shall submit documentation illustrating a clear description of the management methodology that will be used for executing the effort described in the SOW. This description shall include:

(1) Identifying key personnel and their experience/qualifications

(2) Details of the vendor’s internal quality assurance plan

b. Experience. The basis of evaluation under this factor will be focused on the firm’s experience in performing recent contracts and/or task orders of similar size, scope and complexity to the work being solicited within the SOW. The quote shall contain information from a minimum of one contract where similar grounds maintenance services were successfully provided. Only quotes that demonstrate relevant experience with providing similar grounds maintenance services shall be eligible for award. Government and commercial sources will be accepted. The Contractor must regularly offer and engage in providing similar grounds maintenance services as described in this solicitation.

c. Past Performance. The past performance evaluation will be accomplished by reviewing aspects of a Vendors recent and relevant past performance. The Vendor shall submit past performance information that is both recent (within the past three (3) years) and relevant (similar in size, scope, and complexity to the requirement being procured), if applicable. Recent and relevant past performance shall be discussed for the prime contractor and/or any major ‘team members” or “teaming partners” proposed to support this contract. The Vendor is provided an opportunity to submit a list of no more than three (3) of the Vendor’s most recent and relevant past performance information on projects: similar in size, scope, and complexity to the requirement being procured under this solicitation, performed for Government agencies and/or commercial customers within the last three (3) years from the solicitation release date.

The past performance submittals shall include (when applicable): Contract Number, Contracting Officers (CO): Name, Phone number and Email address, Contracting Officers Representatives (COR): Name, Phone number and Email address, Non-Government Points of Contact (if applicable), Total Contract Value at time of award and final price after any/all modifications, Initial Period of performance (POP) and final POP after any/all modifications, Narrative describing the requirement and reason for any modifications which effected price or performance period. The Government reserves the right to obtain past performance data from other sources than those identified by the Vendor in evaluating past performance. In the case of a Vendor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Vendor may not be evaluated favorably or unfavorably on past performance. Therefore, the Vendor shall be determined to have unknown past performance. In the context of confidence, the Vendor will be evaluated as “Unknown Confidence” and shall be considered “neutral.”

d. Price. The Vendor is required to quote a fully burdened fixed price for the CLIN structure as shown in Section v. Insert the quoted unit and extended prices in Contract Line-Item Number (CLIN) 0001 through 4003. All unit prices shall be represented in two decimal positions only. Example: $0.27, not $0.27458. The Government shall evaluate price to determine if it is considered fair and reasonable in accordance with FAR Part 13.106-3.

e. Options. The Government will consider offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract to the quoter's total price. For example, if the contract includes option periods that are exercisable under FAR 52.217-9, the quoter's total price for the purpose of evaluation will include the base period, all option periods, and an additional six months of the last option period. Quoters must price only the base and option periods specified in the contract line-item numbers (CLINs) and shall not submit a price for the potential six-month extension of services under FAR 52.217-8. The Government reserves the right to exercise the option under FAR 52.217-8 before the end of any of the contractor's performance periods and will be exercised at the price and/or rates in effect at the time the clause is exercised. Evaluation of options shall not obligate the Government to exercise the option(s).

f. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

g. Government intends to make award without discussions. Contractor should ensure their best effort is put forth in their submission. The government expects most favored customer pricing.

(End of Provision)

x. FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (MAY 2022) applies to this solicitation. Offerors shall submit a completed copy of FAR 52.212-3 with its Offer.

xi. FAR 52.212-4, Contract Terms and Conditions – Commercial Items (NOV 2021) applies to this solicitation. The following provisions and clauses are added as addenda:

FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998)

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

http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

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) six months. The Contracting Officer may exercise the option by written notice to the Contractor within (30) thirty days of contract expiration.”

“Evaluations of Options:

For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to (6) six months, but not for more than a total of (6) six months during the life of the contract.

The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.”

(End of Clause)

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) thirty days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least (60) sixty 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 (5) five years.

(End of clause)

The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the contracting officer, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at Safer Federal Workforce for Federal Contractors. For Federal Contractors | Safer Federal Workforce Guidance documents issued by the Safer Federal Workforce Task Force or OMB, related to the Task Force’s mission.

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective-

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request.

(End of clause)

48 CFR 28.307-2 Liability

(a) Workers’ compensation and employer’s 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 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

52.232-18 Availability of Funds (APR1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 Disputes (MAY 2014) 52.233-4 Applicable Law for Breach of Contract Claims (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984) VAAR 852.204-70 Personal Identity Verification of Contractor Personnel

(MAY 2020)

VAAR 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020)

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

X_ 852.201-70, Contracting Officers Representative _X_ 852.203-70, Commercial Advertising.

___ 852.209-70, Organizational Conflicts of Interest.

_X_852.211-70, Equipment Operation and Maintenance Manuals.

___ 852.214-71, Restrictions on Alternate Item(s).

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

___ 852.214-74, Marking of Bid Samples.

__ 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

___ 852.215-71, Evaluation Factor Commitments.

___ 852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___ 852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___ 852.216-73, Economic Price Adjustment—State Nursing Home Care for Veterans.

___ 852.216-74, Economic Price Adjustment—Medicaid Labor Rates.

___ 852.216-75, Economic Price Adjustment—Fuel Surcharge.

___ 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements.

_X_ 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

___ 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

___ 852.222-70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

___ 852.228-70, Bond Premium Adjustment.

__X_ 852.228-71, Indemnification and Insurance.

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

_X_ 852.232-72, Electronic Submission of Payment Requests.

___ 852.233-70, Protest Content/Alternative Dispute Resolution.

___ 852.233-71, Alternate Protest Procedure.

_X_ 852.237-70, Indemnification and Medical Liability Insurance.

___ 852.246-71, Rejected Goods.

___ 852.246-72, Frozen Processed Foods.

___ 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

___ 852.271-72, Time Spent by Counselee in Counseling Process.

___ 852.271-73, Use and Publication of Counseling Results.

_X__ 852.271-74, Inspection.

___ 852.271-75, Extension of Contract Period.

__X_ 852.273-70, Late Offers.

___ 852.273-71, Alternative Negotiation Techniques.

___ 852.273-72, Alternative Evaluation.

___ 852.273-73, Evaluation—Health-Care Resources.

_X_ 852.273-74, Award without Exchanges.

(End of clause)

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(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 listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; 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 parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(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)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General. (1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB 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 VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. 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.

(d) Agreement. When awarded a contract action, including orders under multiple-award 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 requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (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 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 VIP-listed SDVOSBs (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 VIP-listed SDVOSBs. 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…