36C25023Q0920.docx

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

23-4-3037-0021 36C25023Q0920 08- -2023 Christopher Gundy 734-222-7168 9-0 -2023

4:00 PM EST

EDT

36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X X 561720 $22 Million N/A X 36C553 Department of Veterans Affair s John D Dingell VA Medical Center Environmental Management (137) 4646 John R ST Detroit MI 48201 Y Department of Veterans Affairs 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 See CONTINUATION Page Contractor shall provide all labor, materials, and supervision to provide Window Cleaning services for the John D Dingell VA Medical Center, 4646 John R ST, Detroit, MI 48201, as outlined in Section B.2 Statement of Work.

Note: There will be a MANDATORY site-visit for all prospective bidders to ask questions and see the size and scope of the work to be completed for this requirement on August 2 2023, from 0900 - 12:00 Noon EDT.

Email: christopher.gundy@va.gov to request site-visit no later than August

, 2022 @ 4:30 PM.

This requirement is subject to the Service Contract Act Wage Determination 2015-4839 Wayne county, MI as outline d in D.1, 11360 - Window Cleaner.

See paragraph E.1 Instructions for Quote Submission requirements.

This procurement is being conducted under FAR Part 13.

See CONTINUATION Page X X X Christopher Gundy 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: Company Name____________________________

b. GOVERNMENT: Contracting Officer 36C250 Christopher Gundy Christopher.gundy@va.gov

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.

OB10 or current Electronic Invoice System: https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ OB10 e-Invoice Setup Information: 877-489-6135 FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice Email: vafsccshd@va.gov FSC e-Invoice Site: http://www.fsc.va.gov/einvoice.asp

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

B.2 STATEMENT OF WORK

WINDOW & ATRIUM CLEANING SERVICES

JOHN D. DINGELL VA MEDICAL CENTER (JDDVAMC), DETROIT, MI

The John D. Dingell VAMC Environmental Management Service has a requirement for Window Cleaning of the Main Campus building located at 4646 John R St., Detroit, Michigan 48201.

The campus building has three (3) sections; Blue, Yellow and Red.

· The Blue section has seven (7) stories of windows

· The Yellow section has five (5) stories of windows

· The Red section has five (5) stories of windows

· Between the three sections, there are approximately 556 exterior windows and 1 atrium skylight approximately 300 ft. x 50 ft. which require professional cleaning.

Each section of the building has five (5) stories of interior atrium windows.

· The first-floor entrances/exits included are the Emergency Department entrance/exit doors and windows.

· Blue building main entrance/exit and breezeway

· Blue garage has five (5) stories with rounded glass and glass doors on each level.

· Yellow section main entrance/exit has five (5) doors on the exterior wall and a full glass interior wall.

· The section includes three separate entrances/exits to the exterior of the building and an internal glass wall.

· The Red garage has five (5) stories of curved glass with glass doors on each level.

Atrium cleaning will include:

· Cleaning the glass block chapel from top to bottom for the interior and exterior

· Cleaning of the wooden roof chapel to include polishing.

· Glass roof over the Starbucks building in the atrium.

· Glass block surrounding the canteen store and glass block and glass in the bank and Starbucks building.

· Dusting and cleaning the three (3) other interior roof tops, and atrium catwalks, leaving everything free of dust, dirt, and debris

Note: the atrium has manual catwalks inside and one powered catwalk outside. There are roofing davits on the roof for window washing rigging. The highest point from floor to ceiling inside is approximately 92 feet high.

GENERAL REQUIREMENTS:

The contractor shall furnish all necessary labor, equipment, tools, and materials for cleaning all windows and glass doors within the JDDVAMC listed in these specifications. Washing of windows and glass doors shall be for both inside and outside surfaces and are expected to be left clean, free of discoloration, streaks, dust, stains, or other condition beyond the natural color of the glass. Glass is clean when all window surfaces are without streaks, film, deposits, stains and have a uniform bright appearance, without any dirt, dust, hard water stains, calcium, rust, lime scale or other deposits on glass and frames, inside and outside the facility. All glass must be streak free. Windows shall be cleaned in such a manner as to cause a minimum amount of inconvenience and/or disturbance to building occupants. Work shall be subject to inspection and approval of the Contracting Officer Representative (COR).

SCOPE OF WORK:

Glass washing shall be done with clean water and necessary equipment and supplies to remove all dirt, grease, or stains, and shall be left dry. The use of ammonia or other cleaning agents shall be allowed in solution with the water, but only such materials will be allowed that are not injurious to painted, varnished, or building surfaces. All work shall be done in a workmanlike manner. Premises in the vicinity of the work shall be left clean. Cleaning of the windows includes cleaning of the window ledges, frames, and sills. Which will be left free of dirt, debris, stains, and smudges. Windowsills, ledges, and frames shall be left clean and dry. Vendor is to clean excess cleaning solution off window ledge and sills and building surfaces.

All external and internal atrium Window cleaning shall be completed prior to moving onto the next section of the building, the contractor shall finish all glass in the building with no absences from the job unless due to weather. Exterior and Interior windows shall be completed no later than 30 days from start of the first cleaning.

All exterior aluminum trim/flashing surrounding windows and structural glass in curtain walls shall be cleaned with an approved solution, necessary to remove all dirt, grease, or stains, that is not injurious to the finish, and an approved sealant applied. No leaching or streaking will be allowed on any surfaces including surrounding painted, varnished, or other non-window surfaces.

Glass chapel shall be cleaned with a solution that does not damage the interior garden or trees in the atrium and in a way that does not cause damage to the garden areas. Small chapel roof and dome shall be cleaned and will be free of dust and debris. The small chapel roof will be polished with an approved wood polish.

FREQUENCY OF SERVICES

· Specification #1: Entrance and Garage door entrance cleaning shall be done weekly after normal business hours for the facility. This includes the interior of all garage entrances within the Blue and Red building garages from the lower levels up to level 5; the breezeways; lobby glass; glass block and glass in the bank and Starbucks walls, surrounding the canteen store, the cafeteria entrance, door and internal and external window wall glass, glass doors at all of the entrances and side entrances in the yellow, red and blue buildings. Yellow, Blue, and Red building Interior public side atrium glass on all floors looking out to the atrium. Interior round glass in garage. (52 cleanings annually)

· Specification #2: Internal and exterior window within the atrium skylight shall be cleaned in June and October of each year.

· Specification #3: Interior external Atrium Windows shall be cleaned quarterly during the following months:

· August, November, February, and May (Four cleanings annually).

· Specification #4: Glass chapel exterior and interior. Must be cleaned in April and in November before the Thanksgiving holiday(Two cleanings annually).

· Specification #5: Interior building rooftops shall be cleaned and where applicable polished on a semiannual basis in November and February of each year (Two cleanings annually).

· Specification #6: All exterior glass including the garage tower glass in red and blue garage shall be cleaned two times per year, November, and May of each year.

PERSONNELL:

· QUALIFYING EXPERIENCE REQUIREMENTS: The Company shall have experience in managing and performing a window cleaning program as described in this statement of work for at least 24 months during the past three years. This experience must have been gained as a result of the company being regularly engaged in the business of providing commercial Highrise and atrium cleaning services in the state of Michigan.

· The contractor shall ensure all employees are qualified to perform the requirements of the contract. The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the Contracting officer or Contracting Officer Representative (COR) as a potential threat to the health, safety, security, general well-being, or operational mission of the facility and its population.

· The ability to read, understand and discuss safety and environmental warnings are an integral part of the contract.

· All workers on-site must be able to understand, read, write, and speak English.

· The contractor shall be responsible for ensuring that all employees receive training appropriate for work in a production setting and for maintaining patient privacy PRIOR to beginning work at the JDDVAMC.

· A daily huddle shall be conducted for all company staff that work at the JDDVAMC. This huddle will cover the work promised for the day, safety and defects found. The results of these huddles will be collected and submitted to the COR at the end of each working day.

· At all times when work is being conducted the contractor shall have a site supervisor and enough safety staff to ensure safe operations. The site supervisor shall be the day to day point of contact for the COR.

SECRUITY:

The VA will conduct background investigations which are commensurate with a position’s risk or sensitivity level. Contract personnel are subject to the same investigative requirements as regular VA appointees and employees.

The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries (NACI) which includes a check of Federal Bureau of Investigation (FBI) fingerprint files, with written inquires to former employers and supervisors, references, and schools attended by the person under investigation.

The contractor shall bear the expense of obtaining background investigations. At this time, the current estimated cost of such investigations are as follows: *Low Risk Local and State Background checks $250-$1,500.00 *The services under this contract have been rate “Low Risk Level”.

The contractor shall prescreen all personnel to ensure they have no felony convictions within the past 10 years.

If a background investigation has been completed and is still valid, the investigation must be validated by the Health Revenue Center (HRC) and accepted by the Office of Personnel Management (OPM).

New contract personnel must complete and submit the background investigation documents prior to the date of appointment or at least within fourteen (14) calendar days of appointment. If the required documentation is not received with in the stated time frame, the Administrative/Human Resources (HR) liaison and facility Information Security Officer (ISO) will be notified. The contractor, when notified of an unfavorable determination by the Government shall withdraw the employee from consideration from working under the contract.

Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

52.00

WK

Entrance and Garage door entrance cleaning shall be done weekly after normal business hours for the facility. This includes the interior of all garage entrances within the Blue and Red building garages from the lower levels up to level 5; the breezeways; lobby glass; and glass doors. (52 cleanings annually) Contract Period: Base POP Begin: 09-15-2023 POP End: 09-14-2024 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S299 - Housekeeping - Other

2.00

JB

Internal and Exterior Windows within the Atrium Skylight Cleaning shall be completed in October and April during the period of performance. (2 cleanings annually)

POP Begin: 09-15-2023 POP End: 09-14-2024

4.00

Interior Atrium Windows shall be cleaned quarterly during the following months: August, November, February, and May (4 annually)

POP Begin: 09-15-2023 POP End: 09-14-2024 PRINCIPAL NAICS CODE: 561720 - Janitorial Services

LOCAL STOCK NUMBER: spec 3

Glass chapel shall be cleaned semi-annually once November before the Thanksgiving Holiday and once in February (2 annually)

POP Begin: 09-15-2023 POP End: 09-14-2024

Interior building rooftops shall be cleaned on a semiannual basis in November and February during period of performance (2 annually)

POP Begin: 09-15-2023 POP End: 09-14-2024

All Exterior Glass shall be cleaned semiannually. (2 annually November and May) Contract Period: Option 5 POP Begin: 09-15-2023 POP End: 09-14-2024 LOCAL STOCK NUMBER: spec 6

Entrance and Garage door entrance cleaning shall be done weekly after normal business hours for the facility. This includes the interior of all garage entrances within the Blue and Red building garages from the lower levels up to level 5; the breezeways; lobby glass; and glass doors. (52 cleanings annually) Contract Period: Option 1 POP Begin: 09-15-2024 POP End: 09-14-2025

Internal and Exterior Windows within the Atrium Skylight Cleaning shall be completed in October and April during the period of performance. (2 cleanings annually).

POP Begin: 09-15-2024 POP End: 09-14-2025

Interior Atrium Windows shall be cleaned quarterly during the following months: August, November, February, and May (4 annually)

POP Begin: 09-15-2024 POP End: 09-14-2025

Glass chapel shall be cleaned semi-annually once November before the Thanksgiving Holiday and once in February (2 annually)

POP Begin: 09-15-2024 POP End: 09-14-2025

Interior building rooftops shall be cleaned on a semiannual basis in November and February during period of performance (2 annually)

POP Begin: 09-15-2024 POP End: 09-14-2025

All Exterior Glass shall be cleaned semiannually. (2 annually November and May)

POP Begin: 09-15-2024 POP End: 09-14-2025

Entrance and Garage door entrance cleaning shall be done weekly after normal business hours for the facility. This includes the interior of all garage entrances within the Blue and Red building garages from the lower levels up to level 5; the breezeways; lobby glass; and glass doors. (52 cleanings annually) Contract Period: Option 2 POP Begin: 09-15-2025 POP End: 09-14-2026

Internal and Exterior Windows within the Atrium Skylight Cleaning shall be completed in October and April during the period of performance. (2 cleanings annually).

POP Begin: 09-15-2025 POP End: 09-14-2026

Interior Atrium Windows shall be cleaned quarterly during the following months: August, November, February, and May (4 annually)

POP Begin: 09-15-2025 POP End: 09-14-2026

Glass chapel shall be cleaned semi-annually once November before the Thanksgiving Holiday and once in February (2 annually)

POP Begin: 09-15-2025 POP End: 09-14-2026

Interior building rooftops shall be cleaned on a semiannual basis in November and February during period of performance (2 annually)

POP Begin: 09-15-2025 POP End: 09-14-2026

All Exterior Glass shall be cleaned semiannually. (2 annually November and May)

POP Begin: 09-15-2025 POP End: 09-14-2026

Entrance and Garage door entrance cleaning shall be done weekly after normal business hours for the facility. This includes the interior of all garage entrances within the Blue and Red building garages from the lower levels up to level 5; the breezeways; lobby glass; and glass doors. (52 cleanings annually) Contract Period: Option 3 POP Begin: 09-15-2026 POP End: 09-14-2027

PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

Internal and Exterior Windows within the Atrium Skylight Cleaning shall be completed in October and April during the period of performance. (2 cleanings annually).

POP Begin: 09-15-2026 POP End: 09-14-2027

Interior Atrium Windows shall be cleaned quarterly during the following months: August, November, February, and May (4 annually)

POP Begin: 09-15-2026 POP End: 09-14-2027

Glass chapel shall be cleaned semi-annually once November before the Thanksgiving Holiday and once in February (2 annually)

POP Begin: 09-15-2026 POP End: 09-14-2027

Interior building rooftops shall be cleaned on a semiannual basis in November and February during period of performance (2 annually)

POP Begin: 09-15-2026 POP End: 09-14-2027

All Exterior Glass shall be cleaned semiannually. (2 annually November and May) Contract Period: Option 6 POP Begin: 09-15-2026 POP End: 09-14-2027

Entrance and Garage door entrance cleaning shall be done weekly after normal business hours for the facility. This includes the interior of all garage entrances within the Blue and Red building garages from the lower levels up to level 5; the breezeways; lobby glass; and glass doors. (52 cleanings annually) Contract Period: Option 4 POP Begin: 09-15-2027 POP End: 09-14-2028

Internal and Exterior Windows within the Atrium Skylight Cleaning shall be completed in October and April during the period of performance. (2 cleanings annually).

POP Begin:

POP End:

Interior Atrium Windows shall be cleaned quarterly during the following months: August, November, February, and May (4 annually)

POP Begin: 09-15-2027 POP End: 09-14-2028

Glass chapel shall be cleaned semi-annually once November before the Thanksgiving Holiday and once in February (2 annually)

POP Begin: 09-15-2027 POP End: 09-14-2028

Interior building rooftops shall be cleaned on a semiannual basis in November and February during period of performance (2 annually)

POP Begin: 09-15-2027 POP End: 09-14-2028

All Exterior Glass shall be cleaned semiannually. (2 annually November and May)

POP Begin: 09-15-2027 POP End: 09-14-2028

GRAND TOTAL

B.4 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

(d) Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.”

36C25023Q0920

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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):

https://www.acquisition.gov/browse/index/far https://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)

C.4 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.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

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

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

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

[] (5) [Reserved] [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) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

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

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

[X] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

[X] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 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 (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[X] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (38)(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.)

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (41)(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.

[] (42)(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.

[] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (44)(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] (45) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (49)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (50)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (51) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (53) 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. Subtitle A, Part V, Subpart G Note).

[] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) As used in this 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vi) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(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 (JUN 2020) (38 U.S.C. 4212).

(x) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222–37, Employment Reports on Veterans (JUN 2020) (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 (NOV 2021) (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 and 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 (MAY 2022) (E. O. 12989).

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

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

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