36C25024R0102.docx

36C25024R0102

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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. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 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

36C25024R0102 04-03-2024 Christopher Gundy 734-222-7168 04-15-2024 4:00pm

EDT

36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X X 561210 $47 Million N/A X Department of Veterans Affair VA Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 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 512-460-5540 See CONTINUATION Page Provide Legionella Sample Collection, analysis, and results Management at multiple VISN 10 locations in accordance with the Statement of Work.

This acquisition is a set-aside 100% for Service-Disabled Veteran Owned business (SDVOSB).

Technical questions must be submitted in writing NLT April 9, 2024 at 1500. All questions must be emailed to christopher.gundy@va.gov with "Technical Questions 36C25024R0102" on the subject line.

This solicitation is intended to be awarded as a five-year ordering period indefinite delivery-indefinite quantity contract.

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 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.

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

VA VISN 10 WATER TESTING

SCOPE: The Department of Veterans Affairs has a requirement for legionella sample collection, analysis, and results management for government-owned buildings in which patients, residents, or visitors stay overnight located in Ann Arbor, Battle Creek, Saginaw, and Detroit, Michigan; Fort Wayne and Marion, Indiana. The facilities mentioned may have other sampling needs that may need to be facilitated as well such as Heterotrophic Plate Count analysis for Dental Clinics and Cooling Towers. The Contractor shall perform sampling and analysis following best practices to meet the requirements set forth in VHA Directive 1061, PREVENTION OF HEALTHCARE-ASSOCIATED LEGIONELLA DISEASE AND SCALD INJURY FROM POTABLE WATER DISTRIBUTION SYSTEMS.

The Contractor shall be responsible for:

· On site sample collection (Including all sample containers and testing equipment).

· On site physical and chemical testing - pH, temperature, residual biocide. Residual biocide is chlorine/ monochloramine/ chlorine dioxide depending on what is utilized at the facility. Refer to table below. Legionella testing by culture method.

· Heterotrophic Plate Count testing for Dental Clinics and Cooling Towers (if facility opts in to this arrangement)

· Reporting and managing results data (Electronically)

· Sampling will be conducted the first month of the quarter.

· Testing is required for both the primary and the secondary disinfectant.

· Biocide testing is required for each sample, both hot and cold sample for every sample point.

· Sampling reports shall be issued within 30 calendar days of sample date.

· Current biocides utilized by facilities in the scope of this SOW can be found in the following table:

LEGIONELLA SAMPLE COLLECTION: The Contractor shall provide sampling containers and shall be responsible for physical collection of all samples at each facility. Facility staff will assist and ensure access to all identified sample locations. These locations should alter/change each quarter to maximize testing throughout the system over time. The Contractor shall be responsible for sampling, testing, analysis, and the transportation of all samples to the laboratories actively certified by the Centers for Disease Control and Prevention (CDC) to the Environmental Legionella Isolation Techniques Evaluation (ELITE) laboratory. The Contractor shall furnish all sample collection equipment. Bottles must be sterile, appropriate for the analysis, properly preserved and promptly transported to the laboratory under strict chain of custody procedures.

Contractor will provide a Quality Control and Assurance Plan and Health and Safety Plan for water sample collection and testing.

Contractor will collect samples (Building, Tower, and Chiller per VA Directive 1061) in accordance with all local, state and federal regulations. Different volume size of container is required to facilitate resampling efforts per the 1061 Directive.

Before collecting any samples, all samplers should receive thorough training in proper sampling protocol. This training should include segments on proper procedures for storage and filling of sample containers, handling of preservatives, safety protocols, cleaning of sampling and field equipment, disposal of excess preservatives, and packaging and shipping requirements. Training may be offered by state drinking water programs or another source.

Measuring devices, such as pH or conductivity meters, used for field monitoring must be maintained and calibrated following the EPA-approved analytical methods and the manufacturers’ instructions. The calibration standards used must be within their expiration dates and free of suspended matter. Probes must be washed with deionized water after each use and stored according to instructions. Other equipment items used to collect samples also must be rinsed with deionized water and kept clean between sampling events to prevent contamination of the samples. Contractor should be able to demonstrate that equipment is properly calibrated while onsite if requested by facility point of contact.

Field blanks, made by transferring deionized water to a sample container at the sampling site may be used, to test for contamination due to the introduction through the sampling procedure and sampling environment.

The Contracting Officer's Representative (COR) will assist contractor personnel in obtaining required identification badges to enter the facilities and collect samples. Contractor personnel shall comply with all VA procedures governing building access and security. The Contractor shall collect quarterly samples under this contract the first month of each quarter. Specific distal points sampled will vary per quarter, so communication with the COR will be required before the round of sampling each quarter. Contractor will provide sampling procedure that meets water safety directive.

ENVIRONMENTAL VALIDATION: Environmental validation is the process of testing the building’s potable water distribution system(s) to determine if the engineering controls are successfully inhibiting the growth of Legionella. Testing of the building's hot and cold-water distribution system(s) for L. pneumophila must be performed quarterly (once per Federal Fiscal Year quarter). Additional testing may be required following positive test results.

Water samples shall be collected and analyzed at a minimum of 10 outlets on the hot water distribution system and 10 outlets on the cold-water distribution system for each building occupied by overnight stays in accordance with latest version of VHA Directive 1061 (1). A minimum of (20) samples shall be collected and analyzed for each quarterly testing cycle. Some buildings may have less than 10 hot and cold outlets. (Waiver requests must be submitted for applicable sites). Exhibit B lists the buildings where possible samples are to be taken. Contractor is to provide pricing information on the Price Schedule.

VA VISN 10 facilities may request additional testing at outlets or areas (e.g., water tanks, distribution piping) not listed in Exhibit B. Additional testing shall be determined by the VAMC COR, VISN 10 Technical Monitor or suggested by the contractor based on local conditions (e.g., size of building, patient population risk factors, known history of healthcare-associated Legionella Disease [HCA LD], suspicion for recent or current HCA LD occurrence, previous environmental testing results, and/or ability to implement engineering controls to prevent Legionella growth in the building water distribution systems). Additional testing will be invoiced separately.

Non-routine testing (outside of the quarterly sampling) may be conducted as needed. For non-routine testing, the contractor shall sample within 3 business days following receipt of notice to proceed by the COR. Swab sampling may be conducted in conjunction with the water collection sampling for non-routine sampling. Swab sampling will be done in accordance with VHA direction and in accordance with direction from the laboratory where the samples will be analyzed. This will be invoiced separately. Examples of nonroutine testing include but are not limited to testing after eradication. Contractor is to provide pricing information on the Price Schedule. Non-routine sampling shall include onsite physical and chemical testing, except for the off-site testing of the copper silver residual in the hot water for the Saginaw VAMC.

Quantify /. pneumophila and identify the presence or absence of other legionella species. VISN 10 also requires quantification of /. pneumophilia isolates (serogroups 1 through 14) using serological testing and/or identify species of non-pneumophilia legionella. e.g., L. Anisa, L. Bozernanii, L. durnojji, L. Gorrnanii, L. Jordanis, L. Longbeachae, L. rnic_dadei, etc..

All samples shall be evaluated and tested by a CDC certified Elite Laboratory. The specific sampling points within identified buildings, and the type of sample (e.g., hot water or cold water) will be specified by the Contracting Officers Representative (COR) for each medical center in consultation with the contractor.

Each sample taken shall be tested to determine the following: water temperature, level of residual biocide, and pH. These tests shall be performed by the contractor, on site, during sample collection. Once collected on site, contractor shall transport samples in accordance with laboratory recommendations and in such a manner as to ensure the integrity of the specimen. Samples shall be evaluated by a testing laboratory with experience in microbial testing of potable water. The laboratory shall be accredited for Legionella isolation by culture isolation as a field of testing. Laboratories must also be able to determine if the Legionella detected in environmental samples is the species Legionella pneumophila and whether it is serogroup 1. NOTE: Rapid testing method, such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA) are not permitted only culture method is accepted.

The laboratory shall be actively certified or accredited by the: Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program and participate in an external quality assessment/proficiency testing program for Legionella isolation. In addition to the requirement for current CDC ELITE certification, the laboratory must have an environmental microbiology accreditation by a recognized accrediting program, accredited to test for legionella, such as: American Accreditation for Laboratory Accreditation (A2LA) or American Industrial Hygiene Association-Environmental Microbiology Laboratory Accreditation Program (AIHA-EMLAP).

· Information about CDC ELITE certified laboratories can be found at:

https://wwwn.cdc.gov/elite/Public/MemberList.aspx

· Information about American Association for Laboratory Accreditation (A2La) can be found at:

https://www.a2la.org/

· Information about American Industrial Hygiene Association (AIHA) laboratories can be found at:

https://www.aihaaccreditedlabs.org/LabAccreditationPrograms/Pages/default.aspx

In addition to the CDC ELITE certification, the laboratory will be accredited to the most recent version of the ISO 11731 standard, Water Quality- Detection and Enumeration of Legionella, and accredited by a recognized an environmental laboratory accrediting agency, for example, Environmental Laboratory Approval Program (ELAP) for environmental analyses of potable water.

Laboratory must be able to report results to at least 1 CFU/ ml for potable domestic water and will report up to 3000 CFU/ml without conducting additional sampling or charges.

RESULTS DATA MANAGEMENT: The Contractor shall outline a plan to facilitate the management of Environmental Validation data. The Contractor's plan shall include procedures for:

· Providing all sample analysis reports via email to each facility's COR. Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations, analytical results and method detection limits and description of test methodology.

· Providing the VHA VISN 10 POC & VAMC COR with progress reports on sampling completion dates and supplemental actions to be taken.

· Testing shall be in accordance with the requirements of VHA Directive 1061.

· Developing a chain of custody to identify the contractor's responsibility for; collecting environmental water samples, ensuring that the water samples are transferred to the environmental testing laboratory, receiving the results, and reporting the results to the COR.

· Providing the VISN 10 POC & VAMC COR with annual reports of the water system monitoring and all Legionella sampling issues.

· All results will be in the VA/VHA format so that data can be uploaded easily. A sample document will be provided with the statement of work. Contractor will also provide the results in a PDF document. Current compatible spreadsheets for data provided can be found as attachments and listed in section D (labeled for building, chiller, and cooling tower):

· If temperature is >110 degrees Fahrenheit, if readily apparent, contractor will indicate in the Notes section of the spreadsheet if a mixing valve is installed. If contractor is not sure, they will ask facility POC. In addition, if temperature is >110 degrees Fahrenheit, contractor will discuss with facility guide and indicate in the Notes section of the spreadsheet if it is a patient care area or not.

· Laboratory results must be reported to 1 CFU/ ml for potable domestic water and up to 3000 CFU/ml.

· Reports must be issued within 30 calendar days from initial receipt of water samples but prior to the end of the quarter (Dec, March, June, Sept).

SAMPLING FOR SAFE DRINKING WATER COMPLIANCE FOR DENTAL WATERLINES: For facilities who opt into this arrangement, sampling equipment and lab analysis will be provided to the COR for testing their waterlines for compliance with the EPA Safe Drinking Water Act standard for potable water and the “Infection Control Standards for VA Dental Clinic,” dated 21, October 2013. Sampling analysis will be for total colony forming units (cfu) of heterotrophic water bacteria per milliliter of water.

The Contractor will furnish sterile bottles that are appropriate for the analysis, properly preserved, and promptly transported to the facilities.

The Contractor will furnish appropriate shipping containers for the transportation of samples to the laboratory. The shipping containers will be supplied returned labels. w Comprehensive instructions on how samples will be collected, preserved, and transported to the laboratory for analysis will be provided to each facility covered under the contract. The laboratory will follow strict chain of custody procedures upon the receipt of the samples from the facilities.

Sampling is required on a quarterly basis for each waterline in each Dental Clinic.

The facility shall collect the dental waterline samples at the VA Medical Center’s Dental Offices; the COR will coordinate sampling times with the Point of Contract at each of the facilities and shall notify the Point of Contact upon arrival. Each dental waterline will be tested separately. All hand pieces, air-water syringe tips, and any other equipment reprocessed by SPS before collection samples from the waterlines. The air-water syringe itself, if not changed between patients, shall remain on the line while collecting the sample.

Non-routine sampling (outside of the quarterly sampling) may be conducted as needed. Each dental clinic that is included in the contract is allowed non-routine samples numbering up to 10% of the total samples taken from each clinic annually. If sampling over this amount is needed, the contractor will provide a fixed price for the sampling equipment and analysis and for the collection of samples at the appropriate VA Medical Centers. The cost of this sampling will be added to the overall price of the contract.

For non-routine sampling, sampling bottles and supplies must be provided to the requesting COR within 2 business days of being notified of the need to sample.

The laboratory that processes the water samples will be certified by the Environmental Protection Agency or a State environmental protection agency to perform environmental sampling. Proof of certification must be provided before acceptance of the contract. The laboratory will process samples in accordance with procedures outlined in Standard Methods 9215C (spread plate method).

Sampling results will report the number of colony forming units of heterotrophic water bacteria per milliliter of water (cfu/ml), readings of less than 10 or greater than 500 may be recorded as <10 cfu/ml or > 500 cfu/ml.

Provide all sample analysis reports via e-mail to the COR and the Health Care System Point of Contact within 10 calendar days of receiving the sample. If the 10th day falls on a weekend of federally observed holiday, the reports shall be provided no later than the next normal business day. Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations, method detection limits, and a description of test methodology.

The testing laboratory shall have qualified technical support staff for consultation relative to water sample collection, testing, and interpretation of results.

CONTRACTOR QUALIFICATIONS: Assessing and documenting competency of contractors and the contractor's personnel is part of the acquisition process. At a minimum, the contractor's competency will be assessed and documented on an annual basis, or whenever there is a change in the contractor's personnel performing the work.

Contractor shall assist the VISN 10 VA Medical Centers with implementation of corrective and preventative actions if positive sampling results are found.

Contractor shall be familiar with different disinfectant systems, such as, but not limited to, copper silver ionization, chlorine dioxide, monochloramine, etc. to collect and test the sample.

Contractor shall provide credentials/ qualifications for the proposed team members that will be working on the VISN 10 Contract to the Contracting Officer. If there any changes in staff, the Contractor shall provide the new employee's credentials throughout the life of the contract to the Contracting Officer as well.

Formal training, training records and determination of competence shall be described for all those who sample, and this information shall be properly documented. This information will be provided prior to contract award.

Contractor should only use latest downloaded VA Water Safety Data collection sheet which changes without notice – this is critical for facility upload without errors.

B.3 PRICE/COST SCHEDULE

The guaranteed minimum only applies to the Federal Government Fiscal Year in which the contract is awarded. The guaranteed minimum is $10,000.00. The Government does not guarantee, nor is it obligated, to place any orders under this contract in excess of the guaranteed minimum. The maximum total value of the contract, inclusive of the base year and all options exercised, shall not exceed $4,000,000.00. Individual task orders will be funded annually. The Contracting Officer is the only authorized individual that can place annual task orders against this contract for the estimated amount of services for the specific timeframe, and the task orders shall be issued to the contractor. Offerors shall offer pricing for the entire estimated quantity for each CLIN.

Contractor must fill out the attached document, Price-Cost Schedule – Legionella Testing and must be returned to the contracting officer as part of the quote.

Only yellow highlighted cells need filled in.

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

(a) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $250,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

(b) Each contractor whose contract award is estimated to exceed $250,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

(c) For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

(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.”

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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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2024 through April 30, 2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after April 30, 2029.

(End of Clause)

C.4 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.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.6 52.242-13 BANKRUPTCY (JUL 1995)

In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract.

(End of Clause)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond July 31. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond January 31, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

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

(End of Clause)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and…