36C24819Q0344-001.docx

COMBINED SYNOPSIS/SOLICITATION 36C24819Q0344

General Information

Contracting Office Address

NCO 8

ATTN: Thomas Lucas 10000 Bay Pines Blvd, Bldg. 24 RM 222 Bay Pines, FL 33744 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition (FAC) FAC 2019-01, 1/22/2019.

Offerors must be registered in System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract, registration in the record must be complete and not missing elements such as representations and certifications. Also, if you are a Service Disabled Veteran Owned Business (SDVOSB) please be sure to be registered in VIP (Vendor Information Pages) at https://www.vip.vetbiz.va.gov. Unregistered SDVOSB vendors in VIP at time of RFQ due date and time will then be considered small business if appropriately registered in SAM.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541620 with a small business size standard of $15M.

The Network Contracting Office 8 intends to award a fixed priced requirements contract to obtain Professional Industrial Hygeinist and Enviromental services.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to thomas.lucas@va.gov

Questions must be received no later than May 3, 2019 at 1:00 PM. No further questions will be accepted after that date and time.

You are reminded that representatives from your company SHALL NOT contact any Bay Pines VA Health Care System personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer.

Quotes are due by 1P.M. Eastern on May 21, 2019. Quotes received after this date and time will be considered late. Quotes shall be submitted via email to Thomas.lucas@va.gov.

Quoters shall provide a price within the schedule “Attachment 1 Price Schedule”.

Price Schedule See Attachment 1 Price Schedule Statement of Work

PROFESSIONAL INDUSTRIAL HYGIENIST AND ENVIRONMENTAL SERVICES FOR THE BAY PINES VA HEALTHCARE SYSTEM

1. SCOPE OF WORK: This Scope of Work (SOW) applies to emergency and non- emergency response to a disturbance of regulated materials due to renovation and/or remodeling projects that contain hazardous or regulated materials. This includes but it is not limited to: asbestos containing materials (ACM), lead containing materials (LCM), polychlorinated biphenyls containing materials (PCB), mercury containing materials (MCM) and employee exposure including but it is not limited to: chemical, physical, ergonomic and biological hazards. The VA Professional Industrial Hygienist (VPIH) is independent of the A/E firm or outside contractor and hired separately by the VA. In this document, the term A/E may also refer to a design-build contractor.

2. TERM OF CONTRACT: This contract is estimated effective date is from June 3, 2019 through June 2, 2020, with 4 option periods.

The minimum guaranteed task order amount is $1,000.00. The total of individual task orders places against this contract shall not exceed $200K per year and the total contract value shall not exceed $1M.

3. PROJECT OVERVIEW

a. The Government’s Independent Certified Industrial Hygienist will be required to provide proposals for individual task orders in support of each construction/demolition/renovation or maintenance project per contract. Task orders will consist of all or part of the tasks identified in the Price Schedule.

b. The VA will employ an independent Certified Industrial Hygienist, VA Professional Certified Industrial Hygienist (VPCIH or VPIH) consultant and/or use its own VA IHs to perform various services on behalf of the VA. The VPCIH or their qualified Professional IHs, under the direction of the VPCIH will perform the necessary monitoring, inspection, testing, and other support services to ensure that VA patients, employees, and visitors will not be adversely affected by asbestos and/or lead abatement work, and that the abatement work proceeds in accordance with the specifications, that the abated areas or abated buildings have been successfully decontaminated. The work of the VPCIH consultant in no way relieves the Contractor from their responsibility to perform the work in accordance with contract/specification requirements, to perform continuous inspection, monitoring and testing for the safety of their employees, and to perform other such services as specified.

c. The VPCIH or their qualified Professional IHs, under the direction of the VPCIH shall inspect and oversee the performance of the Contractor’s Professional Certified Industrial Hygienist (CPCIH) or their qualified Professional IHs as frequently as necessary to ensure compliance with all applicable requirements of the contract. The CPCIH or their qualified personnel under the direction of the CPCIH shall continuously inspect and monitor conditions inside the regulated area to ensure compliance with these specifications. In addition, the CPCIH or their qualified personnel under the direction of the CPIH shall personally manage air sample collection, analysis, and evaluation for personnel, regulated area, and adjacent area samples to satisfy EPA and OSHA requirements.

d. The VPCIH contractor providing consultative services for asbestos abatement and lead abatement projects shall be certified by the American Board of Industrial Hygiene and in good standing with the ABIH. In addition, the VPCIH or their qualified Professional Industrial Hygienists shall have the following certifications and hold valid licensure issued by the State of Florida Department of Public Health/Department of Environmental Protection: Asbestos Abatement Contractor/Supervisor, Asbestos Inspector or / Management Planner, EPA Lead Renovator and Lead Inspector or Risk Assessor.

e. The Professional Industrial Hygienist and/or Industrial Hygiene technicians working independently under the direction of the VPCIH shall be have the following certifications as required by the asbestos and lead abatement oversight activities for which they will be responsible: Asbestos Contractor/Supervisor, Asbestos Project Monitor, Asbestos Inspector or Inspector/Management Planner, EPA Lead Renovator and EPA Lead Inspector or Risk Assessor.

4. PERFORMANCE OF WORK

a. Initial Assessment

1) Review Project Impact Areas and Development of Sample Plan: Develop a sampling plan showing the location of all proposed samples (e.g. asbestos, lead, PCB), showing existing information such as previous samples and areas that have been decontaminated by previous hazardous material abatement projects and providing the rationale of the plan showing how the new samples in combination with the existing asbestos and lead survey/inspection required by the VA will enable the VPIH consultant to identify with a high degree of confidence the location, quantity, type of, and condition of all hazardous or regulated materials and the location and quantity of all contaminated elements in the hazardous material abatement areas. The sampling strategy shall conform to AHERA and NESHAP requirements and be reported in a document that meets the requirements of ASTM E2356-10.

2) Develop Preliminary Environmental Hazard Assessment: Submit a preliminary description of environmental hazard assessment and hazardous material abatement problems and solutions. This preliminary report shall include the following:

I. Summary results of review of building hazardous material inspection records/documentation.

II. Summary results of interviews with VA personnel.

III. Determination of whether any materials used in the building construction are known to contain asbestos, lead, silica, PCBs or mercury. Some trade name materials may have been specified and are known to contain these hazardous or regulated materials and should be identified.

IV. Results of the visual inspection of the building to determine location and condition of hazardous or regulated materials. Presentation of Sampling Plan outlined in previous task.

V. Provide name and location of EPA NIST/NVLAP (Asbestos Fiber Analysis laboratory accreditation program (LAP) qualified laboratory for bulk and air sample analysis which VPIH consultant intends to utilize.

b. Survey and Assessment Report

1) Sampling, Survey and Assessment Report: The objective of this task is to execute the approved sampling plan; to evaluate analytical results; to perform a detailed survey of the areas with hazardous or regulated materials and contaminated elements for determination of quantities and to prepare a Scope of Work reflecting the results of the sampling and inspection and provide information on abatement and decontamination of the impacted area(s). The minimum work required for this task is as follows:

I. Execute the sampling plan under the personal direction of the assigned VA representative and in accordance with EPA/VA regulations and with AHERA & NESHAP standards and protocols for occupied areas.

II. Perform sampling and analysis in accordance with EPA/VA Asbestos and Environmental Compliance Management Policies and Federal EPA NESHAP and AHERA standards and protocols. Analyze sampling data and correlate with other data to determine location, amounts, and composition of hazardous materials and location of contaminated elements.

III. Review existing inspection and perform, if needed, additional inspection/sampling of all areas with hazardous or regulated materials and contaminated elements to determine quantities. Evaluation of quantities of hazardous materials and contaminated elements for spaces that are not accessible should be conservative.

IV. Identify the appropriate hazardous material abatement method(s) in compliance with VA Asbestos and Environmental Compliance Management Policy and all OSHA, EPA and state/local requirements.

2) Prepare project’s specific environmental assessment report to include:

I. "Cover StatementAssessment Report" up front, signed by the VPIH.

II. Executive summary of the findings of the report.

III. For each building, the square feet of the impacted spaces, the quantity of hazardous materials in linear feet/diameter of pipe insulation and in square feet of ceilings, walls and fireproofing, the quantity of contaminated elements in square feet of plaster ceilings and walls, the square feet of contamination of suspended ceiling, the cubic feet and square feet of contaminated soil, and the number of contaminated lights, as applicable.

IV. Description of the impacted areas by drawings, floor plans, sketches, room names or other means. Show or describe the location of each sample taken, its composition and identification number.

V. Classify each impacted space as to the OSHA Class of Work and the work requirements, i.e., Negative Pressure Enclosure. Areas which require no hazardous material abatement shall be indicated, as well.

VI. All pertinent information on impacted areas (description of location, function, extent of renovation) plan, sampling analysis, existing data (previous samples, inspections/assessments, hazardous material abatement projects, asbuilt data, inspection reports and any other information supportive of the findings and recommendations of the report. Arrange the main body of the report on a building by building basis. Provide all other relevant information so that the reader of the report will be able to follow the rationale of the author for hazardous or regulated material and contaminated element identification and estimates. Provide in the appendix any supportive data such as analytical results, sketches, notes, pictures, etc.

3) Prepare specification Documents for hazardous material abatement design to include:

I. VA Master specifications must be utilized within abatement project design. Deviation from this requirement requires approval of the Chief of Safety & Emergency Management Service. Where no VA Master Specification element exists, abatement design shall be in accordance with State of Florida, Federal Regulation or industry best practice and require approval of the Chief of Safety & Emergency Management Service.

II. Provide separate hazardous or regulated material abatement 1/8" = 1’ scale drawings labeled Hazardous Regulated Material (HRM). Drawings shall show the location and quantity of all hazardous or regulated material and contaminated elements in the regulated areas and how they will be removed /abated. The HRM design shall reflect the findings and recommendation of the survey/inspection and assessment report and shall clearly show the regulated area(s) for each impacted space, the location and configuration of the personnel decontamination facilities; the location and configuration of the equipment decontamination facilities; the number, size and location of HEPA units for each regulated area; the path of material transportation to the loading platform; and any other information required for a complete and adequate project design. In addition, show the exact location and size/configuration of the pipe elements to be decontaminated using the glove bag procedure, as necessary. Show the exact design for all dirt floor hazardous material abatement. Show all piping/fittings that are 4" diameter and smaller as one size. Show all piping/fittings over 4" diameter. In addition, differentiate among steam and water piping. Show contamination related to ceiling and wall demolitions in order to gain access to hazardous or regulated materials above and beyond uncontaminated ceilings and walls that must be removed in order to have access. Review HVAC, mechanical, and electrical designs to develop isolation techniques and schedules for hazardous or regulated materials and contaminated elements abatement. Coordinate with VA personnel and other trades to determine ingress and egress routes and waste transporting routes for each regulated area in partially occupied buildings. In the same way, develop emergency action plan procedures. Evaluate impact of hazardous material abatement on critical support systems such as local exhausts, compressors, vacuum lines, fire and smoke systems, etc. Coordinate with VA personnel to determine locations and routings of temporary utilities for each regulated area.

III. Prepare detailed hazardous material abatement cost estimates and coordinate with other trades. Prepare project specifications by marking up the current VA Hazardous Materials Abatement Specification Sections 028211 / 028213.13 / 028213.19 / 028213.21 / 028213.31 / 028213.41 / 028333.13, as needed. Participate with design team representatives to determine appropriate phasing and scheduling of the work

c. Hazardous Material Abatement Monitoring Services

1) VPIH consultant must be capable of performing emergency response to the Bay Pines VA Healthcare System (BAYVAHCS) locations within 90 minutes of notice of hazardous materials disturbance with equipment and qualified personnel to support response and environmental assessment at site.

2) Evaluate qualifications of hazardous material abatement contractor. Perform a thorough evaluation of the proposed hazardous material abatement subcontractor by reviewing submitted information against qualification criteria specified. Perform additional investigative work to determine accuracy of claimed qualifications. Advise the Contracting Officer on qualifications and experience of company and qualifications, experience and adequacy of assigned personnel and overall conformance with project specifications.

3) Oversee hazardous material abatement to assure quality, resolve problems, and prevent the spread of contamination beyond the regulated area(s) during hazardous material abatement work. All air monitoring is to be done utilizing PCM during the hazardous material abatement with an option to utilize TEM after approval from the VA representative. TEM shall be used for clearance of asbestos-containing material abatement in excess of NESHAP’s notification threshold amounts for renovation.

4) VPIH consultant will establish background levels prior to the beginning of hazardous material abatement work. This will include taking background samples and retaining samples for possible TEM analysis.

5) Perform site visits within containment areas to spot check overall compliance of hazardous material abatement work with project design/contract documents. These visits may include any inspection, monitoring and testing inside and outside the regulated area(s) and all aspects of the hazardous material abatement project except personnel monitoring. VPIH contractor must furnish a site-specific safety plan that includes detailed job hazard analysis for anticipated tasks of inspection and project monitoring.

6) VPIH must provide support to the VA representative such as evaluation of submittals from the hazardous material abatement contractor, resolution of unforeseen developments in hazardous material abatement work, etc.

7) VPIH must perform, in the presence of the VA representative, final clearance/inspection and testing of a decontaminated regulated area or building at the conclusion of the hazardous material abatement and cleanup work to certify compliance with VA project design clearance/decontamination standards.

8) VPIH must issue certificate of clearance/decontamination for each regulated area or building and project report.

9) All data, inspection and testing results generated by the VPIH consultant will be available to the hazardous material abatement contractor for information and consideration. The Hazardous material abatement Contractor shall provide cooperation and support to the VPIH consultant for efficient and smooth performance of their work.

10) Monitoring and inspection results of the VPIH consultant will be used by the VA to issue any “Suspension of Work” orders to the hazardous material abatement contractor during hazardous material abatement work and to accept or reject regulated area(s) or a building as decontaminated. The VPIH consultant will make available to the hazardous material abatement contractor the plan for sample collection and analysis for continuous monitoring outside the regulated area(s) and the plan of final clearance inspection and testing for each regulated area or building prior to executing each plan. Plan will include location for samples, name and qualification of person taking samples, whether onsite analysis and/or offsite analysis will be utilized, methodology of analysis, lab information and qualifications of onsite analyst.

d. Employee Exposure Evaluation and Job Hazard Assessment.

1) VPIH Consultant ust be capable of performing employee exposure assessments to the Bay Pines VA Healthcare System (BAYVAHCS). Task would be coordinated through the Safety and Emergency Management Service.

2) Tasks would include furnishing appropriate sampling media in accordance with the National Institute of Occupational Safety and Health (NIOSH) Manual of Analytical Methods, to conduct employee exposure monitoring as prescribed within the applicable Occupational Safety and Health Administration (OSHA) regulation.

3) VPIH is to furnish calibrated equipment that may include:

I. Low flow air sampling pumps

II. Cyclone adapter

III. 25 mm, 37mm or other appropriate sampling cassettes

IV. Light meter

V. Sound level meter

VI. Personal sound dosimeter

VII. Passive dosimeter

VIII. Silica gel tubes

IX. Charcoal tubes

4) VPIH will utilize the Job Hazard Analysis and employee exposure monitoring forms as provided in the VA Industrial Hygiene Guidebook. A laboratory chain of custody will be maintained and furnished as part of the final written report of findings.

5) Laboratory analysis must be performed by an accredited laboratory. Laboratory must maintain the following certifications:

I. AIHA: ISO/IEC 17025:2005 international standard

II. NAVLAP: United States Department of Commerce National Institute of Standards Technology

III. Registered with the Consumer product safety commission as a part of the National Environmental Laboratory ID program.

5. EVALUATION OF OFFERS:

a. Evaluation Offers: The Government will evaluate each of the offeror’s quote to determine if the support services offerings satisfy the specific requirements under each task. The evaluations will be based on the factors defined in this section.

1) Past Performance: This factor considers the extent of the offeror’s past experience in carrying out similar work as well as the quality of the offeror’s past performance in carrying out the work with reference to such considerations as quality, timeliness, and technical success. Offeror’s personnel must demonstrate that they have not had any of the following criteria; 1) Three or more CPIH/OSHA citations payments in payment history, 2) A single CPIH/OSHA citation payment of $550,000, or 3) Two CPIH/OSHA citation payments totaling $1,000,000 or more.

The offeror shall provide three past performance references for work similar in price and scope. Past performance references shall identify the Agency name and point of contact, phone number, contract or delivery order number, a brief scope of contract, and contract value. The referenced contract shall have been completed in the last 5 years.

2) Evaluation of Professional Standards:

I. Certification: The offeror shall demonstrate certification as a Professional Certified Industrial Hygienist (VPCIH or VPIH) consultant and/or use its own. Contractor personnel shall meet the minimum qualification to perform the requirements outlined in this SOW: Certification as Professional Industrial Hygienist (CPIH) OR Certified Industrial Hygienist (CIH), Certifications in the State of Florida as Asbestos consulting services, Certifications from American Industrial Hygienists Association (AIHA).

II. OSHA certifications meeting requirements as asbestos abatement contractor supervisor.

III. The VPCIH or their qualified Professional IHs, under the direction of the VPCIH will perform the necessary monitoring, inspection, testing, and other support services to ensure that VA patients, employees, and visitors will not be adversely affected by asbestos and/or lead abatement work, and that the abatement work proceeds in accordance with these specifications, that the abated areas or abated buildings have been successfully decontaminated. The work of the VPCIH consultant in no way relieves the Contractor from their responsibility to perform the work in accordance with contract/specification requirements, to perform continuous inspection, monitoring and testing for the safety of their employees, and to perform other such services as specified.

b. Capability to Perform the Statement of Work Requirements:

1) Description: This factor examines the knowledge, skills and authority of the offeror’s responsible personnel in order to ensure the requirements are met. The offeror shall demonstrate an understanding of the requirement for the support described in the statement of work and the Government will evaluate the degree of the offeror’s understanding of the task and ability to provide a solution.

2) The offeror demonstrates an understanding of the requirements detailed in the statement of work and provides a summary of requirements.

3) Geographic Location: Offer shall identify how they intend to meet the 90-minute urgent request CLIN requirement.

c. Price: The Government will utilize a comparison of quoted prices amongst the qualified sources.

CERTIFICATION OF HAZARDOUS MATERIAL ABATEMENT REPORT

CONSTRUCTION CONTRACTOR CERTIFICATION:

CERTIFICATION ON HAZARDOUS MATERIAL ABATEMENT

FORTHE DEPARTMENT OF VETERANS AFFAIRS

CONSTRUCTION PROJECTS

1. I certify that the hazardous material abatement of buildings _______________ which are renovated under Project No. ___________ located at VAMC, __________________ has been successfully completed in accordance with the drawings and specifications. These documents were prepared under my supervision (which were reviewed and approved by me prior to construction).

2. I certify that all impacted spaces have achieved the decontamination levels required by the Project Specifications.

3. I certify that during the entire hazardous material abatement process and for all impacted areas, the maximum protection of people and the environment that known technology can provide, has been achieved.

4. I further certify that during the hazardous material abatement process all the applicable regulations and the provisions of the Veterans Administration Asbestos and Environmental Compliance Policies have been observed.

5. The specific results of my final clearance testing and inspection for each regulated area are attached. The final clearance testing and inspection was performed under my supervision prior to turning each space over to the VAMC for further remodeling work.

REFERENCES

The following documents are incorporated into this Scope of Work by reference. Documents may be found on the internet at: http://www.cfm.va.gov/TIL/ Specific Sections within the VA Master Construction Specifications:

DOCUMENT TITLE

· 62‐204.800 Florida Admin Code (FAC)

· 62‐257 FAC Establishes fees

· 396.60 Florida Statutes (FS)

· 469 FS Department of Business and Professional Regulation

OTHER REQUIREMENTS

Upon award vendor project team members will submit security forms to VA Safety office for clearance and access badges to the facility.

DELIVERY LOCATION

C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd. B100 3A104 Bay Pines, FL 33744

CONTRACT ADMINISTRATION:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

1. All contract administration matters will be handled by the following individuals:

a. CONTRACTOR ________________________________________ (Contractor’s Name) ADDRESS ________________________________________ (Street) ________________________________________ (City-State-Zip) POINT OF CONTACT________________________________________ (Name/Title)

PHONE NO.________________________________________

FAX NUMBER________________________________________

E-MAIL ________________________________________

DUNS NUMBER________________________________________

b. GOVERNMENT: Thomas Lucas, Bay Pines VA, Thomas.Lucas@va.gov

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

a. 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

1. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

4. GOVERNMENT INVOICE ADDRESS: The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing Network for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling (877)752-0900, option 2 for Enrollment.

Contractor shall submit an electronic invoice to VAFSC e-Invoice by the tenth (10th) of the following month services were performed through the website https://portal.ob10.com/Login.aspx. For questions regarding the submission of VA electronic invoices, call Tungsten Network customer service at (877)489-6135. Invoices sent to Tungsten shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, the extended price, and the total invoice cost. Invoices shall include any payment discount terms. A separate invoice shall be sent to the COR to validate/certify invoices. For questions regarding invoice receipt/payment, call VAFSC at (877)353-9791 or email vafsccshd@va.gov. Payments shall be made monthly in arrears upon receipt of a proper invoice.

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS

For assistance setting up e-Invoice, the below information is provided:

· Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com

· Tungsten Network e-Invoice Setup Information: (877)752-0900 (Option 2 – Enrollment)

· OB10 Portal to submit electronic invoices: https://portal.ob10.com/Login.aspx

· Tungsten Network Customer Service: (877)489-6135

· VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or

· VAFSC Email: vafsccshd@va.gov

OFFERORS MUST COMPLETE & RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED.

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

AMENDMENT NO DATE

Quotes may be submitted by e-mail to Thomas Lucas, Contracting Officer at Thomas.lucas@va.gov.

The government intends to award a single contract as a result of this RFQ that will include the terms and conditions set forth herein.

(End of Clause) Addendum to FAR 52.212-4:

The following RFQ clauses apply to this acquisition:

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):

FAR Clauses Incorporated By Reference:

Clauses Incorporated By Full Text 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause) 52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from June 3, 2019 through June 2, 2020 or as extended via option periods.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause) 52.216-19 -- Order Limitations (Oct 1995)

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

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

(1) Any order for a single item in excess of $200,000.00;

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

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21 – Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after July 1, 2020.

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 10 days of the contract’s end date.

(End of Clause) 52.217-9 Option to Extend the Term of the Contract.

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 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 and six months.

CL-120 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and 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 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(End of Clause) 52.237-2 - Protection of Government Buildings, Equipment, and Vegetation (Apr 1984).

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause) 52.246-4 -- Inspection of Services -- Fixed-Price (Aug. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVSOB:”

(1) Means a small business concern:

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

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

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

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

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable.

(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 verified service-disabled Veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled Veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled Veteran-owned small business concern.

(c) Agreement. A service-disabled Veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR…