36C25020Q0019-002.docx

36C25020Q0019

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

36C25020Q0019 10-11-2019 Jeremy Boston 734-222-7154 10-23-2019

10:00 AM EST

Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X X 621330 $7.5 Million N/A X Department of Veterans Affair VA Ann Arbor Healthcare System

WAREHOUSE

2215 Fuller Road Ann Arbor MI 48105 Y Department of Veterans Affair Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 X See CONTINUATION Page The contractor shall submit an offer for the Employee Assistance Program in accordance with the Statement of Work, the Price/Cost Schedule, and applicable state, federal, and local statutes regarding the program.

The anticipated period of performance (POP) is 11/01/2019 - 10/31/2020 with four, one-year option periods. The POP may be adjusted based on actual award and performance start date Note: This solicitation includes FAR 52.222-41, which describes contract requirements under the Service Contract Labor Standards Act. Offerors are responsible for complying with the attached wage determination/s and determining the appropriate classification to apply to its workforce Appropriate classification to apply to its’ workforce.

See CONTINUATION Page X X X 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:

Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor, MI 48105

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.

http://www.tungsten-network.com/us/en/veterans-affairs/ Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK (SOW)

Employee Assistance Program for Detroit VA Healthcare System

I. RATIONALE

a. BACKGROUND - It is the policy of the Department to provide its employees, and family members, access to an Employee Assistance Program (EAP) to offer resources to address: work-related problems, traumatic incidents, substance abuse, mental illness, marital or family problems, and financial or other personal problems. EAP is a comprehensive program that can provide employees with the support, tools, and resources they need to manage through challenging times and remain productive on the job.

b. AUTHORITY - Federal law requires that Agencies must offer counseling services to employees. The EAP is the vehicle through which these laws are implemented (Public Law 79-658 (5 U.S.C. § 7901), 91-616 (42 U.S.C. § 290aa-1), and 92-255; Executive Order 12564 Drug Free Work Place Act; and the Americans with Disability Act Amendment Act (ADAAA). The U.S. Office of Personnel Management (OPM), as the lead Agency for Federal EAPs under these laws, offers recommendations regarding the provision of EAP services.

i. Specifically, EAP services should:

1. be effective and efficient, and, based on the best available professional practices;

2. be provided within a safe, secure, and confidential environment;

3. maintain clear and open lines of communication with stakeholders;

4. treat clients equitably while demonstrating flexibility in meeting their needs;

5. allow clients appropriate control over their own care; and

6. provide continuity of care to help clients achieve their goals.

ii. The EAP shall embrace OPM's guidelines and incorporates them into service delivery.

II. SCOPE OF WORK

a. AREA OF COVERAGE

i. The EAP Contractor must provide services to all employees of the John D. Dingell VA Medical Center. Total number of employees is approximately 1900.

b. SERVICES SHALL INCLUDE, but are not limited to:

i. Assessment,

ii. Treatment Planning,

iii. Short-term Counseling,

iv. Financial Counseling,

v. Traumatic Incident Management (TIM),

vi. Social Service Assistance,

vii. Information and Referral,

viii. Health Education Training,

ix. Short-term substance abuse counseling.

x. Education for employees and managers about substance abuse, assessing employees with potential substance abuse problems; identifying resources for treatment and rehabilitation for employees found to need them; and, working with the Ann Arbor VA Healthcare System and/or CBOC managers to successfully transition employees back to the workplace.

c. TECHNICAL QUALIFICATIONS

i. EAP Counseling Staff shall:

1. At a minimum, professional counselors, shall hold a master's degree and a current state license or certificate to practice at the highest independent level as a mental health practitioner consistent with state laws.

2. Professional counselors must be trained to assist employees with a wide range of personal issues, as well as, to provide coaching, management consultations, and presentations on a variety of health and wellness topics (Section II. b.).

ii. EAP counseling, communications, and information and referral services may be in person, by telephone, or fax, but generally may not be by e-mail, internet, or intranet. Exceptions may be made when the employee gives consent to send and receive information to and from the EAP by e-mail, internet or intranet. Consent must be documented and retained in the employee's EAP file. Before an employee gives consent, he or she must be informed that there is no expectation of privacy regarding such communication or information stored within the Agency’s computer system.

iii. The EAP Contractor shall be available 24 hours day, 7 days a week, through a toll-free EAP point of contact.

iv. Expert, credentialed staff must answer phone calls within 5 minutes, establish eligibility for services, and identify the services needed (e.g., referral to an EAP counselor, information on community resources, referral to legal and financial experts, etc.).

v. A separate TTD number (for the hearing impaired) is also provided.

vi. Face-to-face counseling services must be available.

vii. The EAP offers unequalled accessibility for employees and their family members – no matter where they live or work.

d. PUBLICATIONS

i. At contract initiation, the Detroit VA Healthcare System employees, and CBOC employees will receive introductory brochures, wallet cards, and posters. The Contractor shall provide each site with sufficient brochures and wallet cards to distribute one to each employee, plus ten (10) percent. The number of posters provided at contract start-up will be agreed upon by the Agency and the EAP Contractor.

1. Quantities will be based upon the number of Agency locations, the number of covered employees, and the needs of the Agency.

2. Thereafter, and upon request, the EAP Contractor will supply additional copies of brochures, wallet cards, and posters every 18 months. The EAP Contractor will mail brochures, wallet cards and posters third class bulk rate, to the Agency's locations.

3. Any materials requested beyond those provided, or to locations beyond the first two, will be at the expense-of the Agency.

ii. Supervisor manuals shall be provided for distribution.

e. ORIENTATION

i. Initial orientation for employees and supervisors, and annually thereafter as requested by the Agency.

f. REPORTING REQUIRMENTS

i. The Contractor's Operations Manager will be an EAP professional, who will serve as the main point of contact for all operational issues throughout the term of the agreement, including the following:

1. Communication with the Agency Point of Contact and other identified Agency representatives (e.g., Union Representatives, Human Resources staff, Continuity of Operations Plan coordinators, etc.).

2. Review relevant Agency and EAP Contractor policies and procedures to discuss their effect on program operations, as well as, to identify any inconsistencies with professional best practices, standards, laws, and regulations with the Agency Point of Contact.

3. Access to Agency policies regarding the EAP, Privacy Act System of Records notices, relevant personnel procedures, Drug-Free Workplace Plan, etc., to identify their impact on the program and its clients, as well as, any incongruities with the EAP Contractor's procedures. Review and changes shall be coordinated with the Agency Point of Contact.

4. Individuals using the EAP shall be offered a client satisfaction survey. The composite results of the entire consortium are provided in the quarterly report.

5. The Contractor shall provide a standard, comprehensive report monthly to the COR.

III. EMPLOYEE ACCESS AND EAP ATTENDANCE

a. ELIGIBILITY FOR SERVICE

i. The EAP is available to the employees designated by the Agency.

b. PARTICIPATION AND JOB SECURITY

i. EAP participation is voluntary. An employee may privately access the EAP directly by phone or on a walk-in basis where available. An employee’s job shall not be jeopardized solely for requesting counseling assistance from the EAP. Individuals may be referred to the EAP by supervisors based on work performance or conduct deficiencies.

ii. Employees may initiate contact with the EAP or be referred by-supervisor, labor representative, drug-testing program coordinator, Employee Health Physician, or any number of other sources.

c. SUPERVISORY APPROVALS

i. Informal Referrals

1. A manager or supervisor may suggest that an employee seek EAP services when the employee’s performance, conduct, or attendance has begun to deteriorate, or when the manager or supervisor learns information that suggests that the EAP might be of assistance to the employee.

ii. Formal EAP Referrals

1. A manager or supervisor may also formally refer an employee to the EAP. A formal EAP referral is in writing, is usually verbally communicated to the employee, and states the performance, conduct, or attendance reasons why the referral is necessary.

d. ATTENDANCE

i. Employees are not required to seek permission to meet with an EAP counselor when it is on their own time. Employees may meet with an EAP counselor during their workday by taking approved leave or without a charge to leave, with the permission of their supervisors. Employees, who receive approval to visit an EAP counselor during their workday without a charge to leave, shall be allowed travel time to and from the EAP counselor’s office. Employees working irregular duty hours may have their tour of duty modified to accommodate their EAP attendance. Supervisors granting EAP visits during duty hours without a charge to leave, at an employee’s request, may require confirmation of attendance.

IV. CONFIDENTIALITY AND RECORD-KEEPING

a. The EAP Contractor must be committed to the highest professional and ethical standards in maintaining the privacy and confidentiality of client information. EAP staff must adhere to the intent and spirit of the laws, policies, and regulations that provide for the protection of personal information. All individuals who utilize EAP services will be informed about the policies and procedures for maintaining confidentiality. In addition, organizations that partner with the EAP are required to adhere to these policies and procedures. Before the release of any confidential information, the client's signature is required. This signature allows for the flow of information between the client, the program, and the requisite organization. Disclosure may occur when there is a danger to self; others, or property, as outlined in the Statement of Understanding signed by the employee and as authorized by law.

b. EAP client information and records are protected from disclosure under 5 U.S.C. § 552a, the Privacy Act of 1974, Pub. L. No. 93-579 §3, 88 Stat. 1897 (1974) {codified as amended at 5 U.S.C. § 552a (1999)); 42 C.F.R. Part 2 (2001), Confidentiality of Alcohol and Drug Abuse Patient Records ("the Confidentiality Regulations"); and, 45 C.F.R. Parts 160, 162 and 164 (implementing provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996)), as applicable. Depending on the location in which RAP services are provided and the professional credentials of the EAP counselor, additional protection of client information may be provided by state and professional association laws, regulations, and procedures. The EAP Contractor will maintain records in accordance with 68VA05 Privacy Act System of Records Notice that can be found at the following link: http://www.rms.oit.va.gov/SOR_Records/68VA05.asp

c. RELEASE OF INFORMATION TO SUPERVISORS

i. Employees may be referred to the EAP by supervisors because of work performance and/or conduct issues. Information about an employee's visit to the EAP will not be released to a supervisor without the employee's written consent, regardless of the nature of the referral, except in very limited situations (e.g., when an employee uses the EAP during work hours, the EAP will confirm that the employee attended an EAP session). Employees are not compelled or required to release information about their visits to the EAP to supervisors. When they choose, to do so, they will sign a consent form that allows for the release of limited information.

d. RECORD KEEPING AND RECORD OWNERSHIP

i. The Detroit VA Healthcare System shall retain ownership of all records created by the EAP contractor for the duration of the contract. Upon completion of the contract, all records in the possession of the EAP contractor must be returned to the Detroit VA Medical Center Records Manager or EAP program manager for appropriate disposition.

1. Exception: Transfer to another EAP under a new Contract Term. As outlined below, the contractor will be responsible to create a records inventory, file plan and appropriately disposition records that have exceed the records retention period, in accordance with the VA Records Control Schedule and 68VA05 Privacy Act System of Records Notice.

ii. The Contractor shall maintain records in a manner that supports the professional delivery of services and the confidentiality requirements, including storage, contents, and destruction. Active records are under the custody of the Contractor for the length of the Contract.

iii. Inactive records, if they have already been destroyed because their period of maintenance has passed, are not available for transfer to another EAP vendor.

iv. At the completion of the Contract with the Contractor, any active cases may be transferred to another EAP provider with the express permission and instructions from the Contractor staff responsible for the records and the written consent of the clients.

V. AGENCY CONTACTS

a. Contracting Officer Representative: Provided Upon Award

B.3 RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.4 ADDITIONAL REQUIREMENTS

The Contractor shall perform all training required within Attachment I – Training Requirements prior to working with any employees or patients. This training is required for all VA personnel and any person(s) with access to Privacy Information. Training shall be taken via VA’s Talent Management System (TMS) at https://www.tms.va.gov/learning/user/login.jsp. All contractor personnel shall set up a user account and perform the required training. Training shall be completed annually, as required, and all certificates shall be sent to the COR for documentation by the Records Management Officer.

B.5 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 11-01-2019 POP End: 10-31-2020

Contract Period: Option 1 POP Begin: 11-01-2020 POP End: 10-31-2021

Contract Period: Option 2 POP Begin: 11-01-2021 POP End: 10-31-2022

Contract Period: Option 3 POP Begin: 11-01-2022 POP End: 10-31-2023

Contract Period: Option 4 POP Begin: 11-01-2023 POP End: 10-31-2024

GRAND TOTAL

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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 of contract expiration.

(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 of contract expiration; 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) (End of Addendum to 52.212-4) C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (AUG 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 89(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, 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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] [] (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).

[] (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] [X] (14) (i) 52.219-6, Notice of Total Small Business 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.

[] (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 (Nov 2016) 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 (Nov 2011) (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 (Jan 2018) (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).

[] (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).

[] (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 Television (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 2007) (42 U.S.C. 8259b).

[] (41) (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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

[] (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

[X] (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

[] (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

[] (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 I (May 2014) of 52.225-3.

[] (iii) Alternate II (May 2014) of 52.225-3.

[] (iv) Alternate III (May 2014) of 52.225-3.

[] (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 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).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[] (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

[] (iii) Alternate II (Feb 2006) 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 items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) [X] (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 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).

[] (5) 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).

[] (6) 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).

[] (7) 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).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[X] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xv) 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.)

(xvi) 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)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Attachment I – Wage Determination 2015-4839 Revision 9.

Page 1 of

SECTION E - SOLICITATION PROVISIONS

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1.0 OFFER SUBMISSION

Offerors shall submit their offer via email to Jeremy Boston at Jeremy.Boston@va.gov by the date/time identified in Block 8 of the SF1449. Submission shall include solicitation identifier “36C25020Q0019” to ensure receipt of offer. Offers shall be assembled by the following Sections; each section shall be easily identified.

Section A - Offer Form (Standard Form 1449) Signed and dated. Data Universal Numbering System (DUNS) Number shall be entered in block 17a. with the Offerors name and address.

Section B – Pricing Pricing shall be submitted as requested in the Price/Cost Schedule. Total price will be evaluated by the Government. Proposed price should reflect a clear understanding of the requirements and is consistent with the various elements of the offer.

All line items shall be filled out per the Price/Cost Schedule. Failure to provide pricing for all items or deviation from the Price/Cost Schedule may result in a “nonresponsive” classification of the offer.

Section C– Offerors Representations and Certifications (if not registered in SAM) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at www.sam.gov/portal/public/SAM/.

All Offerors shall be registered and current in the System for Award Management (SAM) database at time of award.

Contractors claiming Service Disabled Veteran Owned Small Business or Veteran Owned Small Business size status are required to be CVE verified and listed in the Vendor Information Pages (VIP) upon the solicitation closing date/time. Verification instructions can be located at https://www.vip.vetbiz.va.gov/. This statement is only applicable to solicitations being issued with a socioeconomic set-aside for Service Disabled Veteran Owned Small Business or Veteran Owned Small Business. See the SF1449 and/or Contract Clauses for set-aside information.

Section D – Technical/Management Approach Offerors shall submit a quote that addresses all aspects of the Statement of Work.

The technical quote should be as detailed as necessary to fully explain the proposed methods and rationale; it should reflect a clear understanding of the nature of the work being undertaken. The information provided shall be concise, factual, complete, and demonstrate the offeror’s capacity and capability to satisfactorily perform the requirements outlined in the solicitation. Quotes will be considered only from offerors that are regularly established in the business and in the judgment of the Government, are deemed financially responsible and able to show evidence of appropriate experience.

The Technical Volume shall not exceed twenty-five (25) pages in length (minimum 12-point font and no less than ½ inch margins). Page limitation includes any drawings, charts, images, etc., and excludes section dividers, table of contents, glossary of terms, cross-referencing indices, and resumes. If more than 25 pages (not counting excluded pages) are submitted, only the first 25 pages will be considered.

Section E – Past Performance Identify all federal, state, and local government contracts as well as any private/commercial contracts of similar scope, size, complexity that are ongoing or have been completed within the last three years. List the following information for each contract:

· Company Name and Address

· Description of Services Performed

· Name, Telephone Number and Email Address of Responsible individuals who have first-hand knowledge of performance relative to similar type of services

· Dates of Contract Performance

· Contract Type (e.g. fixed-price, cost reimbursable) and total contract value Failure to submit a complete offer may result in an unacceptable determination.

3.0 AWARD BASIS

The Government will award a firm fixed priced contract to the responsible offeror whose offer, conforming to the requirements in this request for quote, will be most advantageous to the Government, price and other factors considered. A Lowest Price Technically Acceptable award will be made based upon the following factors, all factors equal: Technical Approach, Past Performance, and Price.

Upon receipt of offers, the Contracting Officer will record the offers from low price to high on the Abstract of Offers. Once offers are recorded, the CO will submit the lowest priced offer to the technical evaluation team for evaluation. If the lowest priced offer is determined acceptable, the CO will make award. If the lowest priced offer is determined unacceptable, the CO will forward the next lowest priced offer to the technical evaluation team. This process will continue until the lowest priced technically acceptable offer is found and selection is made Factor 1: Technical/Management Approach

· Offerors shall provide the proof of the capability to perform services in accordance with the Statement of Work.

Factor 2: Past Performance

· Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort. The Government will evaluate customer satisfaction, responsiveness to customer needs, and past demonstration of meeting delivery schedules and the delivery of quality services. Emphasis will be on recent, relevant past performance in the previous 3 years. Recent is defined as work performed within the last three years. Relevant is defined as work similar in size and scope of the work described in the Statement of Work (SOW).

· Offerors with no relevant past performance or whom information is not available, shall not be evaluated favorably or unfavorably on past performance, but may be considered less favorably than an offeror with favorable performance history.

Factor 3: Price

· This is a lowest price technically acceptable award conducted in accordance with Federal Acquisition Regulation (FAR) Part 13. The government will select the lowest priced quote the meets the technical requirements of the Statement of Work, based upon price and other factors. Contract award will be made to the offeror whose quote is determined to represent the lowest price technically acceptable to the Government.

Evaluation Ratings are Pass/Fail for all factors EXCEPT for Past Performance (identified above).

4.0 DUE DATES

All offers shall be submitted by the date/time specified in block 8 of the…