36C24920Q0030-001.docx

36C24920Q0030

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

603-20-2-5084-0055 36C24920Q0030 12-13-2019 David Milner 615-225-6543 01-14-20

12:00PM CT

90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 X X 561720 $19.5 Million N/A X Department of Veterans Affairs Robley Rex VAMC 800 Zorn Ave Louisville KY 40206 90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page The Robley Rex VAMC requires a contractor to accomplish janitorial services per the Performance Work Statement located in section B.3.

PLEASE NOTE: THIS REQUIREMENT IS A VOSB SET ASIDE.

THE CONTRACTOR MUST BE REGISTERED IN VETBIZ.GOV TO BE

CONSIDERED FOR AWARD.

See Addendum to FAR 52.212-1 for Instructions to Offers.

See CONTINUATION Page 603-3600162-5084-856400-2542 0100561G3 X X David B. Milner, Jr.

Contracting Officer 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 36C249 David B. Milner, Jr.

Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

B.2 PERFORMANCE WORK STATEMENT

1. The Contractor shall provide all the labor and expert supervision required to clean, disinfect, and maintain the designated buildings and structures at the Robley Rex VA Medical Center (RRVAMC) campus on 800 Zorn Avenue, Louisville, Kentucky in an aesthetically pleasing manner. The sanitation standards are to be maintained in accordance with RRVAMC Environmental Management Service (EMS) Standards of Cleanliness, Infection and Disease Prevention Program (See Section D). This includes buildings 1, 3 (Second Floor, Administrative Offices ONLY), 4, 5, 6, 7, 8, 12, 19, 21(Chiller plant-ONLY clean room# 101), T20, T22, T27, including the immediate entry ways and stairwells in listed buildings (See Section D RRVAMC Campus Map). The RRVAMC will provide all hospital-grade, EPA registered cleaning and disinfecting chemicals, equipment, supplies, and consumables. The Contractor shall not use any other products in their performance of their work. RRVAMC will provide Safety Data Sheets (SDS) and Personal Protective Equipment (PPE); the contractor shall comply with the SDS and don and doff the PPE as prescribed. Work is to be accomplished during the hours of 5:30 a.m. and 4:30 p.m., Monday through Friday, excluding Federal Holidays.

2. The Contractor shall meet the needs of customers while supporting the medical center and service missions. The Contractor shall consistently communicate and treat customers (patients, visitors, volunteers, and all medical center staff) in a courteous, tactful, and respectful manner. The customer is provided with consistent information according to established policies and procedures. The Contractor manages all conflict and problems in dealing with the customer in a constructive and appropriate manner. The Contractor is limited to no more than two (2) valid complaints within a three-month period.

3. General Cleaning; Buildings 3 (2nd Floor, Administrative Offices ONLY), 4, 5, 6, 7, 8, 12, 19, 21(Chiller plant-ONLY clean room# 101), T20, T22, T27 Daily Cleaning:

A. Empty the waste from receptacles, clean receptacles, and replace waste liners (trash bags).

NOTE: Contractor shall remove all waste to the larger trash receptacles that are located outside of the buildings or on the loading dock.

B. Clean and sanitize all drinking fountains.

C. Clean and disinfect all reception and waiting areas.

D. Clean interior windows, including mirrors, glass doors, windowsills and ledges.

E. Dust and damp-mop all hard floors and vacuum all carpeted floors.

F. Spot clean furniture, carpets and walls (as needed).

G. Clean stairwells and elevators.

H. Clean housekeeping closets

4. Daily restroom Cleaning; Buildings 3 (2nd Floor, Administrative Offices ONLY), 4, 5, 6, 7, 8, 12, 19, 21(Chiller plant-ONLY clean room# 101), T20, T22, T27 Daily Cleaning:

A. Clean, disinfect, and polish all fixtures including toilet bowls and hand basins.

B. Clean all glass and mirrors.

C. Empty waste from trash and sanitary napkin receptacles, clean receptacles, and replace trash and sanitary napkin waste liners (trash bags).

NOTE: Contractor shall remove all waste to the larger trash receptacles that are located outside of the buildings or on the loading dock.

D. Spot-clean all walls, doors and partitions.

E. Refill all dispensers to include soap, paper towels, and toilet paper as needed. RRVAMC will provide toilet paper, paper towels, hand hygiene products, etc.

F. This task includes: monitoring waterless hand sanitizer and hand soap expiration dates and replace product prior to expiration dates, replace dispenser batteries (exchange) and return expired product to EMS, as necessary.

G. Dust and wet mop to clean and sanitize floors (WET-floor signs must be posted in an observable location).

5. Weekly Cleaning all Buildings:

A. High dusting all vertical/horizontal surfaces, including removing dust and cob-webs from ceiling and vents.

B. Clean floors including under and around furniture throughout.

C. Clean and sanitize all trash receptacles.

D. Vacuum carpets, entrances mats, and runners.

E. Polish stainless steel.

F. Spot wash walls and doors.

6. Semi-annual Cleaning all Buildings:

Clean all walls, and partitions. Clean and sanitize floors including baseboards, corners and edges thoroughly on a semi-annually basis.

7. Veteran Canteen Service (VCS) Cleaning, (Main Hospital), Building 1, Second Floor:

The RRVAMC will provide all hospital-grade, EPA registered cleaning and disinfecting chemicals, equipment, supplies, and consumables. The contractor shall not use any other products in their performance of their work. RRVAMC will provide Safety Data Sheets (SDS) and Personal Protective Equipment (PPE); the contractor shall comply with the SDS and don and doff the PPE as prescribed. The Contractor shall accomplish the services listed below each day and as needed throughout the day during the hours of 8:00 a.m. and 2:30 p.m. Monday through Friday- excluding Federal Holidays.

A. Veteran Canteen Service (VCS) areas:

1. Empty waste from receptacles, clean receptacles, and replace waste liners (trash bags).

NOTE: Contractor shall remove all waste to the larger trash receptacles that are located outside of the buildings or on the loading dock

2. Dust and damp mop floors to clean and remove spills from floors (WET floor signs must be posted in an observable location.

3. Wipe clean and sanitize tables and chairs.

4. Be cognizant in the performance of general housekeeping duties to preclude disruptions to VCS patrons or to create slip or trip hazards.

B. Second Floor Common Area Restrooms Building 1

1. The following restrooms shall be cleaned a minimum of twice a day (once in the morning, once in the afternoon) and/or as needed: A201 Women's; A201a Men's; B228 Men’s; B229 Women’s; C225(unisex). The second-floor hallways that inter-connect these restrooms and that are adjacent to the VCS Canteen/Retail store is dust-mopped twice a day (once before 12:00 p.m. and once after 12:00 p.m.). Wet-mop spills, mud, or stains as needed. Dust and damp mop floors to clean and remove spills from floors; “Wet” floor signs must be posted in an observable location to caution foot traffic of any slip hazards. The restrooms must be monitored throughout the day and cleaned or restocked as needed. The EMS Contracting Officer’s Representative (COR) may communicate to coordinate any additional and or unscheduled cleaning requirements with the contractor supervisor at no additional expense to the Government.

a. Clean, sanitize, and polish all fixtures including toilet bowls and hand basins.

b. Empty waste from receptacles, clean receptacles, and replace waste liners (trash bags). NOTE: Contractor shall take all trash to the trash cans located outside buildings.

c. Spot-clean all walls, doors and partitions. Clean all glass and mirrors.

d. Refill all dispensers to include soap, paper towels, and toilet paper as needed. RRVAMC will provide toilet paper, paper towels, hand hygiene products, etc.

e. This task includes: monitoring waterless hand sanitizer and hand soap expiration dates and replace product prior to expiration dates, replace dispenser batteries (exchange) and return expired product to EMS, as necessary

f. Dust and wet mop to clean and sanitize floors (WET-floor signs must be posted in an observable location).

8. Contractor’s Attire and Identification A. The Contractor shall wear a standard custodial type uniform which is easily recognizable and clearly distinguish them as the “Contractor.” Uniforms shall present a neat, distinctive appearance; shall be clean and maintained in good repair; and shall be worn as designed by the manufacturer. Standard custodial type uniform is defined as collared work short (button-down or polo style) and pants or skirt of twill or similar material (no denim). The Contractor shall wear appropriate footwear that will cover the entire foot for safety purposes.

B. Identification Tags/Cards. The Contractor shall wear on the front of the uniform, clearly readable name identification (ID) logo identifying the contractor’s and employee’s name. The Government will issue ID cards to the Contractor after background checks have been completed. The Contractor shall obtain “Visitors’ Badges” during the interim period via VA Police or Human Resource Department.

C. Contractor’s Personal Hygiene: The Contractor’s attire and presentation shall be appropriate per industry standard.

9. Contractor’s Quality Control Plan A. The Contractor shall establish and maintain a complete quality control program to ensure the requirements of the contract are met. One copy of the Contractor’s basic Quality Control Program shall be provided to the COR 15 days after contract award effective date. An updated copy shall be provided the COR as changes occur. The quality control program shall include, but are not be limited to the following:

1. An inspection system covering the required services. The plan shall specify the areas to be inspected on either a scheduled or unscheduled basis and how often inspections shall be accomplished.

2. The plan shall provide methods for identifying and preventing deficiencies and how the Contractor shall prevent the level of performance from becoming unacceptable.

3. On-site records of all inspections conducted by the Contractor and necessary corrective action taken.

4. A system to record all inspections conducted by the Contractor and record corrective action. These documents shall be made available to the COR or designated representative during the term of the contract.

10. Fire Prevention and Emergency Procedures A. The Contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the buildings.

B. Any hazardous incidents created by the Contractor shall be corrected immediately.

C. The Contractor shall comply with applicable Federal, State, Local and facility safety and fire regulations and codes which are in effect at the beginning of the contract period. The Contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract.

D. The Contractor shall follow applicable facility policies concerning fire and/or disaster events.

E. Posting Warning Signs: The Contractor shall display approved warning devices in all areas where operations may cause traffic obstruction or personnel hazard. The cleaning of lobbies and corridors, resulting in a temporary wet or slippery floor surface, shall be, appropriately posted with signs and shall be accomplished so that it will not be necessary for personnel or patients to cross the wet surface to gain access to other areas.

11. Building Security and Keys A. The Contractor shall be responsible for safeguarding all Government property provided for the Contractor’s use. At the close of each work period, Government facilities, equipment and materials shall be secured.

B. The Government shall provide the Contractor with keys to access the required rooms. Access to restricted areas shall be provided to the Contractor by prior arrangements with the COR. With the exception of keys issued to the Contractor supervisor, keys provided to other Contractor personnel shall not be removed from the premises. Keys shall not be duplicated or issued to any other individuals. All keys not issued for the performance of work being accomplished at the present time shall be secured or returned. The COR or designated representative will perform an inventory of keys assigned to the Contractor at the end of the contract period or as needed. Any keys lost by the Contractor will be replaced by the Government, and the Contractor shall be charged the replacement value of the lost key. The Contractor shall also be responsible for any expense incurred for re-keying of the Facility caused by the lost key. The Contractor shall notify the COR of any lost or suspected lost key within 24 hours.

C. The Contractor shall not lend keys or open locked rooms or areas to permit entrance by persons other than the Contractor’s assigned staff. The Contractor shall be responsible for securing areas upon completion of duties. There may be certain areas identified by the COR in which Contractor personnel must immediately notify the COR or Security Personnel if a door is found unlocked.

D. When leaving a work area, the Contractor shall turn off lights if the area is unoccupied unless otherwise directed by the COR. The Contractor shall secure and lock the window(s) before leaving the area and if there is difficulty securing the areas, the Contractor shall notify the COR or designated representative.

E. The Contractor shall comply with the security clearances or access controls imposed.

F. The Contractor shall turn in all lost articles found during the performance of duties to the COR or designated representative.

G. If the contractor does not have access to an area due to either not having a key or otherwise, the contractor shall immediately notify the COR and cc the Contracting Officer in writing, so that appropriate action can be taken.

12. Interference to Normal Function The Contractor shall delay or interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

13. Damage and Equipment Loss A. The Contractor shall report damages or disfigurement of Government-owned furnishings, fixtures, equipment, and architectural or building structures to the COR immediately. The Contractor shall provide a written report of any damage or disfigurement to items to the COR or designated representative within 24 hours. The Government will not be responsible for Contractor’s equipment or belongings that are lost, stolen or damaged.

B. The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation.

C. The Contractor shall use reasonable care or be liable for the cost of repairs and/or replacement of damages to Government-owned equipment, fixtures, furnishings, grounds and architectural or building structures.

14. Applicable Regulations and Manuals A. All work under this contract must be performed in accordance with (1) current Joint Commission Manual (JC); (2) Occupational Safety and Health Agency (OSHA); (3) Environmental Protection Agency (EPA) and Hazardous Materials requirements; (4) regulations cited in this Performance Work Statement (PWS) and (5) industry standards.

B. Documents applicable to work described in this section are mandatory and are listed below. The Government will provide the Contractor copies of all regulations, manuals and specifications such as those listed below. Supplements and amendments will be updated and will be considered to be full force and effective immediately upon receipt by the Contractor. The policies and procedures of mandatory directives shall be adhered to at all times. The Contractor shall insure that all mandatory publications are posted and up to date.

1. Security Clearances, Access Controls, Identification Badges

2. Facility policies concerning fire / disaster program.

3. Parking Requirements

4. Infection Control Manuals

15. Information Security Requirements A. The C&A requirements do apply and that a Security Accreditation Package is required. The vendor will be in contact or will have access to VA sensitive information. VA sensitive information procedures will be followed per VA Handbook 6500.6.

B. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

C. Information Security and Privacy Training

1. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems;

2. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, VA Handbook 6500.6, Appendix E relating to access to VA information and information systems;

3. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

4. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

5. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.

6. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

7. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

D. Contractor Personnel Security Requirements - Information Systems Access

1. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

E. Access to and Safeguard of VA Information/Computer Systems

1. The contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems only to the extent necessary to perform the services specified in the contract, agreement, or task order.

2. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

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

G. Security Incident Investigation: The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Accomplish Janitorial Services per the Performance Work Statement in section B.3.

Contract Period: Base POP Begin: 03-01-2020 POP End: 02-28-2021

Accomplish Janitorial Services per the Performance Work Statement in section B.3.

Contract Period: Option 1 POP Begin: 03-01-2021 POP End: 02-28-2022

Accomplish Janitorial Services per the Performance Work Statement in section B.3.

Contract Period: Option 2 POP Begin: 03-01-2022 POP End: 02-28-2023

Accomplish Janitorial Services per the Performance Work Statement in section B.3.

Contract Period: Option 3 POP Begin: 03-01-2023 POP End: 02-29-2024

Accomplish Janitorial Services per the Performance Work Statement in section B.3.

Contract Period: Option 4 POP Begin: 03-01-2024 POP End: 02-28-2025

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 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.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.6 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veterans;

(ii) The management and daily business operations of which are controlled by one or more Veterans;

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

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

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

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(b) General.

(1) Offers are solicited only from eligible veteran-owned small business concerns. Only VIP-listed veteran-owned small business concerns (VOSB) may submit offers in response to this solicitation. A VIP-listed service-disabled veteran owned small business concern will be considered a VIP-listed veteran-owned small business concern for this purpose and must also meet the criteria identified in paragraph (a)(1). Offers received from concerns that are not VIP-listed veteran owned small business concerns shall not be considered.

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

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

(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that for purposes of limitations on subcontracting, only VIP-listed VOSBs are considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(5) Subcontracting. Any work that a VIP-listed VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered a VOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18, provided, that any reference therein to service-disabled veteran-owned small business concern (SDVO SBC), shall also apply equally to a veteran-owned small business (VOSB) and is to be construed for the VA as only a VIP-listed VOSB.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-11 VA Notice of Total 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.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

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

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2019) (E.O. 13126).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC…