36C24823Q0163_1.docx

36C24823Q0163

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

673-23-1-6045-0002 36C24823Q0163 11-11-2022 Leonora Simmons 813-972-7592 11-11-2022 10:00

EST

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa

FL

33637 X X 325998 500 Employees N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa

FL

33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa

FL

33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Contractor shall provide products/services in accordance with the SON, RFQ and evaluation criteria.

Quotes must accompany letter of authorization from the Original Equipment manufacturer.

Please read the evaluation in its entirety.

Questions must be submitted no later than 11/03/2022 @10am EST. Answers will be posted on 11/07/2022 See CONTINUATION Page X Leonora Simmons Contract Specialist Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

STATEMENT OF NEED

Bulk Salt

1. GENERAL:

1.1. The Central Energy Plant (Building 39) and Pump stations of Building 100 at the James A. Haley Veterans’ Hospital, 13000 Bruce B. Downs Blvd, Tampa, Florida 33612, have a requirement for bulk salt delivery for the water purification systems providing soft water for critical facility systems.

2. BACKGROUND:

2.1. Bulk salt is necessary to provide the quantity of purified water needed to sustain the proper operation of critical systems that allows multiple services to provide pharmaceutical, surgical, and sterile processing needs to the facility and patients. The government anticipates a Firm Fixed Price contract with a base and four option years.

3. SCOPE:

3.1. The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

3.2. An estimated delivery of 25 Ton Bulk of Salt every two weeks to Central Energy Plant (CEP) building 39 and 25 Ton Bulk of Salt to Mechanical Room building 100.

3.3. The salt shall be delivered directly to brine tanks and filled utilizing the contractor’s own labor personnel and equipment.

3.4. Contractor shall provide the brand name of the salt to be provided, such as brand name or salt contents. Bulk Salt must be granulated, not powder.

3.5. The delivery date will be coordinated between the contractor and the government’s point of contact which will be provided at the time of the award.

4.6. The salt is delivered inside the tanker-style trailer. The trailer has a discharge pipe in the rear end and a hose is connected to it and then to the inlet pipe on the CEP building. The salt is then pumped into the brine tanks by use of the tractor that is pulling the trailer via a pneumatic PTO system.

4. Delivery Schedule:

4.1. Orders will be placed in increments every two weeks based on 26 weeks’ calculation per year and as determined by the ordering service.

4.2. Delivery shall occur within 5 days after receipt of the order from the government’s point of contact. Bulk Salt must be delivered every two weeks on Wednesday or Thursday except on Holidays. In the case that the delivery day falls on a federal holiday, delivery should be made a day prior and if weather interferes with delivery, then the delivery shall be made the next business day.

Normal Business Hours are between 8:00 a.m. and 4:00 p.m. Monday through Friday, excluding the Federal Holidays listed below.

New Years’ Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day

Any other day specifically designated by Federal Statute, Executive Order, and /or Presidential Proclamation shall be excluded

5. ESTIMATED QUANTITIES: 1,300 Tons of Bulk Salt per year.

5.1. Period of Performance:

Base year: 12/01/2022 through 11/30/2023 CLIN # Description Qty U/I

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Mechanical Room Bldg. 100.

Each delivery is up to 25 Tons (capacity of the tank)

Option year one: 12/01/2023 through 11/30/2024 CLIN # Description Qty. U/I

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Mechanical Room Bldg. 100.

Each delivery is up to 25 Tons (capacity of the tank)

Option year two: 12/01/2024 through 11/30/2025 CLIN # Description QTY. U/I.

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Mechanical Room Bldg. 100.

Each delivery is up to 25 Tons (capacity of the tank)

Option year three: 12/01/2025 through 11/30/2026 CLIN # Description QTY. U/I.

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Mechanical Room Bldg. 100.

Each delivery is up to 25 Tons (capacity of the tank)

Option year four: 12/01/2026 through 11/30/2027 CLIN # Description QTY. U/I.

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

Bulk Salt The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Mechanical Room Bldg. 100.

Each delivery is up to 25 Tons (capacity of the tank)

Note: The quantities shown are estimates of the JAHVH’s annual requirements. There is no express or implied guarantee that these quantities will be purchased. The Water softener tank has a 25 tons capacity.

6. Contractor Responsibility:

6.1. Insurance:

a). The Contractor shall procure and maintain for the entire contract period, Workmen's Compensation and employers’ Public Liability Insurance in accordance with laws of the State of Florida.

b). Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. See FAR 52.228-5, Clauses Section.

c). The contractor shall provide the CO with an original signed copy of the Insurance Certification with appropriate coverage, no later than ten (10) calendar days after notice of award.

d). The contractor will notify the VA immediately of any changes in insurance coverage.

e). Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract for default.

f). Through the duration of the contract, the contractor shall be liable for the integrity, suitability, and safety of contractor-owned property and its employee that will ensure compliance with applicable regulations, standards, and normal good practices.

7. Contractor Badges/Parking:

7.1. The Contractor’s employee(s) shall wear visible identification at all times while on the premises of the VA Medical Center.

a). It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the Police and Security Department.

8. Conduct of Personnel:

8.1 The Contractor shall be responsible for the performance and conduct of its employees.

a). Personnel employed by the Contractor in the performance of this SON or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government as deemed necessary.

b). The Contractor shall not employ for performance under this SON any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

c). The Contractor is completely responsible for all actions of their employees.

d). All contractor personnel employed in the performance of this contract shall comply with all VA building regulations, policies, and guidelines while on the premises.

e). Contractor personnel shall be free of body odor and wear clean clothing (uniforms as appropriate) while performing duties under this contract.

f). The Contractor shall consider the clinical environment and instruct/train their personnel applicable safety precautions and special requirements.

g). These requirements may include but are not limited to such conditions as human secretions, blood, barium, etc.

h). Contractor personnel shall take appropriate precautions while performing duties applicable to this contract.

9. Safety/Security Requirements.

9.1. The Contractor shall comply with all applicable federal, state, and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss.

a). Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

b). The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

c). Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written, etc.).

d). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent.

e). Contractor employees shall be subject to dismissal from the premises upon a determination by the Contracting Officer that such action is necessary for the interests of the Government.

f). The government’s point of contact has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the the requirement to provide sufficient personnel to perform the services as required by this SON.

g). The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

h). Contractor personnel are not authorized to carry or possess personal weapons including, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

10. Period of Performance:

10.1. The base performance period will be one (1) year from the award date with four (4) twelve-month option periods that may be exercised by written notice to the contractor.

11. Delivery Date: Delivery shall commence no later than 12/01/2022.

12. Invoicing: Invoices must be submitted after each delivery to Austin FMS via Tungsten formerly known as OB10.

13. Delivery location: James A. Haley Veteran’s Hospital, 13000 Bruce B. Downs, Tampa, FL 33612. Deliveries must be to Central Energy Plant (CEP), Bldg. 39 and Mechanical Room Bldg. 100.

14. Fright on Board (FOB): Destination.

15. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

15.1 Contractor employees who work in or travel to VHA locations must comply with the following:

Documentation requirements:

a). If fully vaccinated, shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination b). If unvaccinated and granted a medical or religious exception, shall show negative COVID19 test results dated within three calendar days prior to desired entry date.

c). Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval.

d). This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

e). Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

f). Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

g). Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

h). Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

i). Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

j). Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing PRODUCT/SERVICE CODE: 9620 - Minerals, Natural and Synthetic MANUFACTURER PART NUMBER (MPN): bulk Salt

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Mechanical Room Bldg. 100.

Each delivery is up to 25 Tons (capacity of the tank)

Contract Period: Base POP Begin: 12-01-2022 POP End: 11-30-2023 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Contract Period: Option 1 POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Contract Period: Option 2 POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Contract Period: Option 3 POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Delivery of 25 Tons every two weeks to Central Energy Plant (CEP), building 39.

Each delivery is up to 25 Tons (capacity of the tank)

Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

The contractor shall furnish all labor, material, equipment, and supervision necessary to deliver 1,300 Ton Bulk Salt every year to two locations at the James A. Haley Veterans Hospital for water treatment in accordance with the Statement of Need (SON).

The estimated quantity is 650 tons per year based on 26 weeks.

Contract Period: Option 4 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 325998 - All Other Miscellaneous Chemical Product and Preparation Manufacturing

B.3 DELIVERY SCHEDULE

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

813.972.2000 x7878 joseph.cannon32va.gov

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

13000 Bruce B. Downs, Blvd.

Facilities Management Tampa, FL 33612

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 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.

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

[X] 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.

[] 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.

[X] 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.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total 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.3 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)

(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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(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 11/30/2027.

(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)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

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

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

(3) As used in this…