36C24821Q1412.docx

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S208--Interior Plant & Holiday Decoration Services
Solicitation number
36C24821Q1412
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This solicitation requests annual interior landscaping, indoor plants, containers, maintenance, replacement, and holiday decoration services at multiple Department of Veterans Affairs locations in Florida. Required services include weekly plant maintenance and watering, pruning, removal and disposal of plants, dusting, container cleaning, fertilization, insect and disease control, and camouflaging of grow pots. For the holidays, decorations such as trees, wreaths, poinsettias, and arrangements are required. The period of performance is the base year plus four option years. The solicitation will be an SDVOSB total set-aside and officially posted on August 9, 2021. Offerors must meet experience, licensing, insurance, and other requirements and adhere to various operational standards. Pricing must be provided for all line items and locations listed. The location details encompass the Bay Pines VA Medical Center campus and various community clinics across Florida.

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36C24821Q1412

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTA

CHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

516-21-2-5107-0028 36C24821Q1412 08-09-2021 Patara McDonald

(727) 215-0123 08-20-2021 10:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (

NCO 8)

Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744 X X Y 561730 $8 Million N/A X

MCC: 90D

Department Of Veteran Affairs C.W. Bill Young VA Medical Center Bldg. 100 Warehouse 10,000 Bay Pines Blvd.

Bay Pines FL 33744 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10,000 Bay Pines Blvd. Room 315, Bldg. 2 Bay Pines FL 33744

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Interior Plants & Holiday Decorations NAICS 561730 Landscaping Contractors MUST refer to Section E 52.212-1 - Instruction to Offerors All Requests for Quotes (RFQ)s MUST be directly emailed to Patara McDonald at patara.mcdonald@va.gov in its Adobe PDF entirety (no physical copy will be accepted).

$0.00 See CONTINUATION Page X X X Chad L. Raterman Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE26
ITEM INFORMATION26
SECTION C - CONTRACT CLAUSES29
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)29
C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)34
C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)35
C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)37
C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)37
C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)38
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS46
WAGE DETERMINATION46
SECTION E - SOLICITATION PROVISIONS47
52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)48
Technical Factors:48
Past Performance:49
Price:49
E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)49
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)52
E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)53
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)53

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Invoice Monthly IFCAP PO No. TBA

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

Page 1 of Page 1 of I. Objective:

The Government requires annual interior landscaping, indoor plants, containers, maintenance and/or replacement, and Thanksgiving and Christmas seasonal holiday decorations at multiple locations outlined in the scope of work (SOW).

All plants, decorations, quantities, and locations are subject to change due to construction, renovations, or occupancy type per the Contracting Officer Representative.

Period of Performance

a) Contract Period of Performance Dates:

i) Base Period: 12 months after award

ii) Option Period I: 12 months

iii) Option Period II: 12 months

iv) Option Period III: 12 months

v) Option Period IV: 12 months

Plants, containers, maintenance, replacement, and décor are to be coordinated with Contracting Office Representative (COR) to avoid interrupting patient or visitor services.

Vendor will perform work during standard business hours between 8:00 am – 4:30 pm.

Vendor will upon award of contract propose plants, containers, maintenance, replacement, and décor schedule dates and times and locations with the COR.

There is no laydown yard or external space for the Vendor’s/Offeror’s/Bidder’s equipment, transportation, materials, or equipment.

Plants, containers, maintenance, replacement, and décor will be for the following locations: (buildings / locations are listed in Section IV Locations of Plants and Containers):

Bay Pines Veterans Affairs Healthcare System Main Campus (Bay Pines Main Campus) & Community Based Outpatient Clinics (CBOC) 10,000 Bay Pines Blvd.

Bay Pines, Florida 33744

CBOCs include seven (7) locations:

Palm Harbor, FL St. Petersburg, FL Bradenton, FL Sarasota, FL Port Charlotte, FL Sebring, FL Naples, FL

Lee County Healthcare Center 2489 Diplomat Parkway East Cape Coral, FL 33909

II. Vendor Requirements:

a. Vendor must have access / use a proper acclimation / conditions commercial greenhouse or shade-house.

b. Vendor will not use warehouse facilities for plant storage.

c. Vendor must carry $1M General Liability insurance policy.

d. Vendor employees must be state certified with “BMP” Best Management Practices.

e. Vendor must have in house licensed pest control certifications.

f. Vendor’s employees must always wear a company uniform when on Veterans Affairs property.

g. Vendor vehicles must park in designated areas only.

h. Vendor must follow all Veterans Affairs background requirements as necessary.

i. Vendors must adhere to all Veterans Affairs rules and regulations and limit interaction with patients, visitors, and employees.

j. Vendors are to respect patient privacy, facility safety, and infection control practices at all times.

k. Vendors are never to interfere with or disrupt medical center operations.

l. Vendors are to have active commercial accounts in similar size and scope providing references of those accounts.

m. Vendors must be able to respond to service needs within 24 hrs.

n. Any damage or theft of plants, containers, and seasonal decorations is the Vendor’s liability and must be immediately replaced.

o. All plant containers shall be pre-approved by the Contracting Officer’s Representative or Program Manager Elizabeth Kuban via email elizabeth.kuban@va.gov via submittal prior to placement.

III. Scope of Services

a. Weekly maintenance and watering of plants.

b. Hand watering when needed for proper growth of the plant.

c. Pruning of brown, wilted, and dead leaves when required.

d. Removal and disposal off-site of plants and containers as needed.

e. Dusting of plant material weekly.

f. Detailed cleaning of containers on a weekly basis.

g. Fertilization four (4) times per year with an all-purpose liquid 20-20-20 fertilizer.

h. Insect and disease control as needed including weekly preferred environmentally friendly and/or green pest control.

i. Camouflaging of grow pots with moss to present a neat, decorative appearance at all times.

j. Water can be sourced at Bay Pines Campus Building 13.

k. Transportation of water throughout the buildings must be in enclosed fiberglass pressurized water tanks.

l. No buckets and / or hoses are permitted inside any building for watering interior plants.

m. All plants must meet Grade A Florida standards.

n. All plants will be 20-30% shade grown.

o. All plant sizes installed as stated below in Section IV.

p. All plant replacements are at the expense of the Vendor and to take place when the plants declines no more than 30% of their foliage from the time of install.

q. Thanksgiving and Christmas Holiday decorations will be used for no more than two (2) holiday seasons. Reselection of the color and design of the replacement decorations will be done by the Veterans Affairs Medical Center.

r. Holiday decorations must be installed no later than one-week before Thanksgiving and removed no later than one-week after New Year’s Day.

s. Holiday decorations are installed, removed, and stored by Vendor.

t. Vendor assumes all liability for installation of plants and holiday seasonal decorations to not harm or damage the surrounding physical environment.

IV. Locations of Plants, Decorations, and Containers

1. Bay Pines Main Campus Building 100: Vestibule / Planter Beds

a. 6 each - Zamioculcas zamiifolia 14” grow container; 3’ tall; 2’ wide

b. 6 each - Decorative recycled resin-molded containers

c. Tall square 16”L x 15.5”W x 30”H Gunmetal Finish

d. Topped dressed in fire resistant Fiberex Moss

e. 3 each - 5 lbs. bag of Styrofoam filler material

f. 24 each - 25 lbs. Bags Grey Mexican Pebbles

g. 2 each - 25’ Landscape Fabric rolls

2. Bay Pines Main Campus Building 100: Lobby / Seating Areas

a. 2 each - Chamaedorea erumpens 14” grow container; 6’ tall; 4’ wide

b. 2 each - Decorative recycled resin-molded containers

c. Short Square 20.4”L x 19.8”W x 19.7”H Gunmetal Finish

d. 8 each - Scindapsus neon 6” grow container; 12’long

e. Topped Dressed in fire resistant Fiberex Moss

3. Bay Pines Main Campus Building 100: Lobby / Information Desk

a. 2 each - Rhapis excels 17” grow container; 7’ tall; 4-5’ wide

b. 8 each - Bromeliad’s 6” grow container; 12” tall

c. Changed out 4 times per year; total of 32 plants for year

d. 16 each - Scindapsus neon 6” grow container; 12’long

e. 2 each - Decorative fiberglass molded containers

f. European Square 25”L x 25”W x 25.75”H Gunmetal Finish

g. Topped Dressed in fire resistant Fiberex Moss

4. Bay Pines Main Campus Building 1: Canteen / Dinning Area

a. 6 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

b. 6 each - Decorative recycled resin-molded containers

c. Short square 20.4”L x 19.8”W x 19.7”H Gold Dust Finish

d. 24 each - Scindapsus neon 6” grow container; 12’long

e. Topped Dressed in fire resistant Fiberex Moss

5. Bay Pines Main Campus Building 106: Hallway

a. 1 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

b. 1 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H Wheat Finish

d. Topped Dressed in fire resistant Fiberex Moss

6. Bay Pines Main Campus Building 106: Atrium Hallway

a. 12 each - Ficus spire 10” grow containers; 3’ tall; 2’wide

b. 4 each - Decorative recycled resin-molded containers

c. Rectangular 30”L x 12”W x 17”H Wheat Finish

7. Bay Pines Main Campus Building 107: Radiation Oncology Center / Open Area

a. 1 each - Chamaedorea erumpens 14” grow container; 6’ tall; 4’ wide

b. 1 each - Decorative recycled resin-molded containers

c. Short Square 20.4”L x 20.4”W x 19.7”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

e. 4 each - Scindapsus neon 6” grow container; 12’long

f. 2 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

g. 2 each - Decorative recycled resin-molded containers

h. Short square 17”L x 17”W x 15”H Wheat Finish

i. Topped Dressed in fire resistant Fiberex Moss

8. Bay Pines Main Campus Building 71: Community Living Center (CLC) West / Open Area

a. 3 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

b. 3 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H Wheat Finish

d. Topped Dressed in fire resistant Fiberex Moss

e. 2 each - Chamaedorea erumpens 14” grow container; 6’ tall; 4’ wide

f. 2 each - Decorative recycled resin-molded containers

g. Short square 17”L x 17”W x 15”H Wheat Finish

h. Topped Dressed in fire resistant Fiberex Moss

9. Bay Pines Main Campus Building 101: CLC East / Open Area

a. 3 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

b. 3 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H Wheat Finish

d. Topped Dressed in fire resistant Fiberex Moss

e. 2 each - Chamaedorea erumpens 14” grow container; 6’ tall; 4’ wide

f. 2 each - Decorative recycled resin-molded containers

g. Short square 17”L x 17”W x 15”H Wheat Finish

h. Topped Dressed in fire resistant Fiberex Moss

10. Bay Pines Main Campus Building 102: Domiciliary / Dining Room

a. 3 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

b. 3 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H White Finish

d. Topped Dressed in fire resistant Fiberex Moss

e. 4 each - Aglaonema Silver Bay 6” grow container; 12” tall

f. 8 each - Scindapsus Jade Pothos 6” grow container; 12” long

g. 4 each - Decorative recycled resin-molded containers

h. Rectangle Planters 30”L x 7”W x 7”H White Finish

i. Topped Dressed in fire resistant Fiberex Moss

11. Bay Pines Main Campus Building 106: Eye Clinic / Lobby

a. 2 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

b. 2 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

12. Bay Pines Main Campus Fisher House: Living Room / Corner of Room

a. 2 each - Dracaena Lisa 14” grow container; 6’ tall; 3’ wide

b. 2 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

13. Bay Pines Main Campus Fisher House: Living Room / Coffee Table

a. 1 each - Replica Tropical Floral Arrangement 9”l x 9”w x 12”h

b. 1 each - Decorative recycled resin-molded containers

c. Short round 8”L x 8”W x 4”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

14. Bay Pines Main Campus Fisher House: Foyer / Wall Table

a. 1 each - Replica Tropical Floral Arrangement 9”l x 9”w x 12”h

b. 1 each - Decorative recycled resin-molded containers

c. Short round 8”L x 8”W x 4”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

15. Bay Pines Main Campus Fisher House: Foyer / Next to Statue at Staircase

a. 2 each - Dracaena massangeana 14” grow container; 6’ tall; 3’ wide

b. 2 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

16. Bay Pines Main Campus Fisher House: Dining Room / Corner of Room

a. 2 each - Dracaena Lisa 14” grow container; 6’ tall; 3’ wide

b. 2 each - Decorative recycled resin-molded containers

c. Short square 17”L x 17”W x 15”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

17. Bay Pines Main Campus Fisher House: Dining Room / Buffet Table

a. 1 each - Replica Tropical Floral Arrangement 24”L x 9”W x 14”H

b. 1 each - Decorative recycled resin-molded containers

c. Short round 8”L x 8”W x 4”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

18. Bay Pines Main Campus Fisher House: 1st Floor Bathroom

a. 1 each - Replica Rhapis Palm 3’

b. 1 each - Decorative recycled resin-molded container

c. Short round 13”L x 12.7”W x 11”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

e. 1 each - Replica Tropical Floral Arrangement 9”L x 9”W x 12”H

f. 1 each - Decorative recycled resin-molded containers

g. Short round 8”Lx 8”W x 4”H Bronze Finish

h. Topped Dressed in fire resistant Fiberex Moss

19. Bay Pines Main Campus Fisher House: Nine (9) Bedrooms

a. 9 each - Replica Tropical Floral Arrangement 9”L x 9”W x 12”H

b. 9 each - Decorative recycled resin-molded containers

c. Short round 8”L x 8”W x 4”H Bronze Finish

d. Topped Dressed in fire resistant Fiberex Moss

20. Bay Pines Main Campus Building 111: Mental Health Lobby

a. 2 each - Chamaedorea erumpens 14” grow container; 6’ tall; 4’ wide

b. 2 each - Decorative recycled resin-molded containers

c. Short Square 20.4”L x 19.8”W x 19.7”H Gunmetal Finish

d. 6 each - Zamioculcas zamiifolia 14” grow container; 3’ tall; 2’ wide

e. 6 each - Decorative recycled resin-molded containers

f. Tall square 16”L x 15.5”W x 30”H Gunmetal Finish

g. Topped Dressed in fire resistant Fiberex Moss

V. Locations and Description of Seasonal Holiday Decorations

1. Bay Pines Main Campus Building 100: Hospital Vestibule / Planter Beds

a. 18 each - 8” Silk Red and White Poinsettias 8” in silver container

2. Bay Pines Main Campus Building 100: Hospital Lobby / Information Desk

a. 1 each - Kennedy Fir Trees 9’ tall x 65” width; 3,128 tips

b. 850 warm LED white lights

c. 2 each - Metal Tree Stands with Wheels 29”

d. Trees decorated in a white and silver color theme

e. 100 Filler Ornaments white and silver (50 per tree)

f. 80 Minor Ornaments 2”- 3” white and silver (40 per tree)

g. 60 Major Ornaments 3”- 6” white and silver (30 per tree)

h. Silver Lame’ Tree Skirt (four (4) yards per tree)

i. 14 each - Medium Wrapped Packages 12”x12”x12” (seven (7) per tree) in white and silver wrapping paper with silver bow for accent

j. Menorah

3. Bay Pines Main Campus Building 100: Cobb Room / Stage

a. 1 each - Cambridge Spruce Trees 12’ tall x 62” width; 3,950 tips

b. 1250 warm LED white lights

c. 2 each - Metal Tree Stands with Wheels 34”

d. Trees decorated in a white and silver color theme

e. 180 Filler Ornaments white and silver (90 per tree)

f. 100 Minor Ornaments 2”- 3”white and silver (50 per tree)

g. 100 Major Ornaments 3”- 6”white and silver (50 per tree)

h. Silver Lame’ Tree Skirt (five (5) yards per tree)

i. 14 each - Medium Wrapped Packages 12”x12”x12” (seven (7) per tree) in white and silver wrapping paper with silver bow for accent

j. Menorah

4. Bay Pines Main Campus Building 71: Hospice Family Room

a. 2 each - Balsam Fir Slim Trees 9’ tall x 51” width; 1,617 tips

b. 750 warm LED white lights; Un-Decorated

c. 2 each - Metal Tree Stand with Wheels 29”

d. Menorah

5. Bay Pines Main Campus Building 100: Outpatient Entrance 1st Floor Glass windows at Pharmacy

a. 1 each - Balsam Fir Slim Trees 7.5’ tall x 44” width; 1,185 tips

b. 550 warm LED white lights

c. 2 each - Metal Tree Stand with Wheels 29”

d. Tree decorated in a white and silver color theme

e. 150 Filler Ornaments white and silver (75 per tree)

f. 100 Minor Ornaments 2”- 3” white and silver (50 per tree)

g. 100 Major Ornaments 3”- 6” white and silver (50 per tree)

h. Silver Lame’ Tree Skirt (three (3) yards per tree)

i. Menorah

6. Bay Pines Main Campus Building 101: CLC West/Open Area

a. 1 Balsam Fir Slim Trees 9’ tall x 51” width; 1,617 tips

b. 750 warm LED white lights

c. 1 Metal Tree Stand with Wheels 29”

d. Tree decorated in a white and silver color theme

e. 75 Filler Ornaments white and silver

f. 50 Minor Ornaments 2”- 3” white and silver

g. 50 Major Ornaments 3”- 6” white and silver

h. Silver or White Tree Skirt (four (4) yards tree)

i. 8 Bows with tails (two (2) at each nurse station)

j. 8 Poinsettias (two (2) at each nurse station)

k. Menorah

7. Bay Pines Main Campus Building 71: CLC East/Open Area

a. 1 Balsam Fir Slim Trees 9’ tall x 51” width; 1,617 tips 750 warm LED white lights

b. 1 Metal Tree Stand with Wheels 29”

c. Tree decorated in a white and silver color theme

d. 75 Filler Ornaments white and silver

e. 50 Minor Ornaments 2”- 3” white and silver

f. 50 Major Ornaments 3”- 6” white and silver

g. Silver or White Tree Skirt (four (4) yards per tree)

h. Menorah

8. Bay Pines Main Campus Building 111: Atrium

a. 1 each - Kennedy Fir Trees 10’ tall x 65” width; 3,128 tips

b. 425 warm LED white lights

c. 1 each - Metal Tree Stands with Wheels 29”

d. Trees decorated in a white and silver color theme

e. 50 Filler Ornaments white and silver (50 per tree)

f. 40 Minor Ornaments 2”- 3” white and silver (40 per tree)

g. 30 Major Ornaments 3”- 6” white and silver (30 per tree)

h. Silver Lame’ Tree Skirt (four (4) yards per tree)

i. 14 each - Medium Wrapped Packages 12” x 12” x 12” (seven (7) per tree) in white and silver wrapping paper with silver bow for accent

j. 2 – 24” Wreaths with silver and white ornaments and a bow

k. Menorah

9. Bay Pines Main Campus Building 102: Domiciliary / Dining Room

a. 1 Balsam Fir Slim Trees 7.5’ tall x 44” width; 1,185 tips

b. 550 warm LED white lights

c. 1 Metal Tree Stand with Wheels 29”

d. Tree decorated in a white and silver color theme

e. 75 Filler Ornaments white and silver

f. 50 Minor Ornaments 2”- 3” white and silver

g. 50 Major Ornaments 3”- 6” white and silver

h. Silver or White Tree Skirt (four (4) yards)

i. Menorah

10. Bay Pines Main Campus Building 20: Auditorium

a. 2 - 24” Wreaths with silver and white ornaments and a bow

11. Bay Pines Main Campus Exterior Banners – Remove light pole banners and install Veterans Affairs provided holiday banners. Return original banners to COR at the end of the holiday season.

12. Lee County Veterans Affairs Building: Lobby / Open Area 2489 Diplomat Parkway East, Cape Coral, FL 33909

a. 1 Cambridge Spruce Trees 12’ tall x 62” width; 3,950 tips

b. 1250 warm white lights

c. 1 Metal Tree Stands with Wheels 34”

d. Trees decorated in a white and silver color theme

e. 90 Filler Ornaments white and silver

f. 50 Minor Ornaments 2”- 3” white and silver

g. 50 Major Ornaments 3”- 6” white and silver

h. Silver or White Tree Skirt (five (5) yards)

i. 18 poinsettias

j. Menorah

13. Palm Harbor CBOC Distribution and Pick-up 35209 US Highway 19 North Palm Harbor FL 34684

a. 6 - 8” Red Poinsettias in white containers,

b. 2 - 24” Wreaths with silver and white ornaments and a bow

14. St. Petersburg CBOC Distribution and Pick-up 840 Dr. Martin Luther King Jr. St North St. Petersburg FL 33705

a. 6 - 8” Red Poinsettias in white containers,

b. 2 - 24” Wreaths with silver and white ornaments and a bow

15. Bradenton CBOC Distribution and Pick-up 5520 State Route 64 Suite 101 Bradenton, FL 34208

a. 12 - 8” Red Poinsettias in white containers

b. 4 - 24” Wreaths with silver and white ornaments and a bow

16. Sarasota CBOC Distribution and Pick-up 5682 Bee Ridge Road Suite 100 Sarasota, FL 34233

a. 6 - 8” Red Poinsettias in white containers

b. 2 - 24” Wreaths with silver and white ornaments and a bow

17. Port Charlotte CBOC Distribution and Pick-up 4161 Tamiami Trail Ste, 401 Port Charlotte FL 33952

a. 6 - 8” Red Poinsettias in white containers

b. 2 - 24” Wreaths with silver and white ornaments and a bow

18. Sebring CBOC Distribution and Pick-up 5901 US Highway 27 South Sebring FL 33870

a. 6 - 8” Red Poinsettias in white containers

b. 2 - 24” Wreaths with silver and white ornaments and a bow

19. Naples CBOC Distribution and Pick-up 800 Goodlette Rd. Ste. 120 Naples FL 34102

a. 6 - 8” Red Poinsettias in white containers

b. 2 - 24” Wreaths with silver and white ornaments and a bow

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12.00
EA
__________________
__________________

Annual Interior Plants & Holiday Decorations Contract Period: Base POP Begin: 08-30-2021 POP End: 08-29-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

12.00
EA
__________________
__________________

Annual Interior Plants & Holiday Decorations Contract Period: Option 1 POP Begin: 08-30-2022 POP End: 08-29-2023

12.00
EA
__________________
__________________

Annual Interior Plants & Holiday Decorations Contract Period: Option 2 POP Begin: 08-30-2023 POP End: 08-29-2024

12.00
EA
__________________
__________________

Annual Interior Plants & Holiday Decorations Contract Period: Option 3 POP Begin: 08-30-2024 POP End: 08-29-2025

12.00
EA
__________________
__________________

Annual Interior Plants & Holiday Decorations Contract Period: Option 4 POP Begin: 08-30-2025 POP End: 08-29-2026

GRAND TOTAL
__________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

C.2 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 15 Calendar Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 Calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

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

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

[X] 852.232–72, Electronic Submission of Payment Requests.

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

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR Number
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
DEC 2013
852.242-71
ADMINISTRATIVE CONTRACTING OFFICER
OCT 2020

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

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

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

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

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

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

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41…

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