36C25624Q0376_1.docx

36C25624Q0376

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. 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

520-24-1-119-1178 36C25624Q0376 01-22-2024 Justin Taylor 228-523-5000 40337 02-02-2024 12pm

CST

Department of Veterans Affairs Network Contracting Office 16 Gulf Coast Veterans Health Care System 400 Veterans Avenue Biloxi MS 39531 X X 562119 $47 Million N/A X Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531 Department of Veterans Affairs Network Contracting Office 16 Gulf Coast Veterans Health Care System 400 Veterans Avenue Biloxi MS 39531

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

See CONTINUATION Page Non-personal services, contractor to provide disposal of expired and/or unusable DEA scheduled controlled substance quarterly for the Gulf Coast Veterans Health Care System, Biloxi, MS. These services shall be performed in accordance with the terms and conditions listed herein.

Base period: date of award on or about 02/15/2024 through 09/30/2024, with four (4) each, 12-month option periods.

All questions due NLT Friday, January 26, 2024 12:00 pm CT, via e-mail to Justin.Taylor5@va.gov All responses due NLT Friday, February 2, 2024, 12pm CT, via e-mail to Justin.Taylor5@va.gov FAR 13.106 Comparative Analysis procedures apply.

See CONTINUATION Page x X x Tina Harris Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Justin Taylor Department of Veterans Affairs Network Contracting Office 16 Gulf Coast Veterans Health Care System 400 Veterans Avenue Biloxi MS 39531

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

STATEMENT OF WORK

Statement of Work (SOW)

1. Title of Project: Controlled substances destruction service for the Gulf Coast Veteran’s Healthcare System (GCVHCS) #520 which includes Biloxi Inpatient Pharmacy, Biloxi Outpatient Pharmacy, and Biloxi Cache located in Biloxi, MS and Pensacola Outpatient Clinic located in Pensacola, FL. And Clifford C. Sims Nursing Home in Panama City, FL.

2. Background: All facilities within GCVHCS require on-site processing to minimize the violation of laws and regulations, especially around pharmaceutical waste disposal. The vendor provides destruction capability of all expired controlled medication and on-site pick-up of these items. The contractor shall be compliant with all applicable regulations related to hazardous waste and controlled substance handling and destruction (as required in 21CFR 1317). Returns to be processed will cover expired controlled substance pharmaceuticals, controlled substances due to expire in the future that are otherwise unusable, or controlled substances that are unusable for any other issues.

3. Scope of Work:

a) REGULATORY COMPLIANCE: The contractor shall be required to provide all plant, equipment, materials, and labor needed to process proper disposal of designated pharmaceuticals, which include Schedule II-V controlled substances. Contractor shall be responsible for complying with all applicable federal regulations such as the Code of Federal Regulation (CFR) Title 21 Food & Drugs, Title 29 Hazardous Materials, Title 40 Protection of the Environment, Title 49 Department of Transportation; U.S. Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), 41 U.S.C. chapter 67, Service Contract Labor Standards and VA regulations. The Contractor shall also comply with applicable state/local regulations, and consult with regional offices of the federal regulatory agencies that have jurisdiction over their operations to ensure compliance with laws and regulations of host countries. Accordingly, the Contractor shall arrange for the proper means of transporting the returned products to the Contractor's central processing facility or other location they use for destruction. Contractor is also required to provide all necessary reports for removal of controlled substances from each VA site. Contractor is responsible for all performance objectives listed in technical exhibit 1.

b) LICENSES, PERMITS, REGISTRATION, INSURANCE: All necessary permits and licenses required by Federal, state, and local authorities shall be acquired and maintained by the Contractor for the life of the contract. This includes required licenses, certifications, etc. for individual contractor staff as well as any required permits and licenses for interstate transport, and storage/disposal of hazardous and non-hazardous unserviceable and non-returnable items or returns. This includes but is not limited to DEA, DOT, EPA, FDA, OSHA, and individual State regulations. The Contractor shall be a licensed DEA registrant to handle Schedule II - V controlled substances. A copy of all renewals shall be forwarded to the contracting officer for retention in the contract file. The Contractor shall have proper insurance coverage, including environmental remediation and be prepared to list the VA, IHS, BOP, IHSC and other approved federal agencies as additional insured if awarded a contract. A copy of such insurance coverage shall be provided to the Contracting Officer, upon request.

c) CONTRACTOR AND SUBCONTRACTOR LICENSE QUALIFICATIONS REQUIREMENTS: The Contractor and any respective subcontractors shall maintain all necessary licenses, permits and certifications required by the Resource Conservation and Recovery Act, Clean Air Act, Clean Water Act, Occupational Safety and Health Administration, and all licenses and permits required by local agencies for destruction operations. All vehicles shall have proper State and Federal Department of Transportation (DOT) licenses required for the transportation of hazardous wastes for each jurisdiction in which they will be operating under this contract.

d) SHIPPING/PROCESSING ARRANGEMENTS: The VA medical center or outpatient clinic will contact the Contractor directly to arrange for an on-site service date that is agreeable to both parties between 75-89 days from previous pickup Monday through Friday from 8-4:30. The Contractor shall provide all instructions, forms, labels, supplies, and DEA approved tamper-proof pouches needed to ship the designated items to a Contractor's central processing facility. The Contractor will provide work on-site in all facilities of Gulf Coast Health Care System (520) to list all pharmaceuticals on mandatory reports and prepare their outdated/wasted controlled substances for shipment to the processing facility. The returns will be processed using the Contractor’s on-site representative processing. The Contractor is responsible for the shipment and associated costs from the VA facility to the Contractor’s facility. The Contractor shall prepare a list of pharmaceuticals removed from the pharmacy and the facility must validate the contents of the list for accuracy. Any discrepancies shall be resolved prior to the removal document listing the controlled substances transferred from VA to the destruction company and the DEA Form 41 prior to leaving the facility. The Contractor shall remove or pick up controlled substance returns from the facility by close of business the same day as service is completed and boxed for return. Large or special pickups requiring separate removal shall be scheduled within 48 hours of service, and daily updates will be provided to the facility until pickup is complete. Chain of custody paperwork shall be prepared for controlled substances and given to the returning facility by the Contractor at the time the package(s) are prepared for shipment. The Contractor shall process all designated items through the disposal process in accordance with all applicable federal, state, and local regulations. The Contractor shall comply with any participating customers’ additional security requirements and procedures for access to facilities. All costs associated with gaining access to any customer facility shall be the responsibility of the Contractor.

e) PAYMENTS: Payments will be made to the Contractor based on a firm fixed fee for services provided.

f) ELIGIBLE FACILITIES: The contractor shall provide services at the fees awarded herein for the facilities below.

Gulf Coast Veteran’s Healthcare System including:

Gulf Coast Veterans VA Hospital Biloxi, Mississippi Inpatient and Outpatient Facility Gulf Coast Veterans VA hospital Biloxi, Mississippi Cache Gulf Coast Veterans Outpatient Clinic, Pensacola, Florida Clifford C. Sims State Nursing Home, Panama City, Florida

g) IMPLEMENTATION PLAN: Offerors shall submit a written proposed plan detailing implementation of the controlled substance destruction plan.

h) CONTINGENCY PLAN: The contractor shall maintain a plan for contingency operations, which identifies the ability to provide uninterrupted support of the requirements outlined in this solicitation under emergency and/or contingency conditions.

i) REPORTS: Reports shall be provided for Schedule II – V controlled substances and for hazardous waste to include weight of disposal.

j) CONTRACT ADMINISTRATION AUTHORITY:

(a) The Contracting Officer is the only person authorized to approve changes or modifications to the requirements under this contract on behalf of the Government.

(b) In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, such changes shall be considered to have been made without authority and any adjustments in price involved because of unauthorized changes to the contract will not be ratified.

(c) Each facility will have a designated Contracting Officer’s Representative (COR) who will serve as a point of contact for all matters pertaining to the technical aspects of the contract. At time of contract award, or upon appointment the Contractor will be furnished with a copy of the COR’s appointment letter. CORs have limited authority as delineated by the cognizant Contracting Officer in their appointment letter and cannot make any commitment obligating the Government.

(d) In addition to designated CORs that will be responsible for all technical aspects of the contract, each facility will have a designated Ordering Officer or Contracting Officer. Only VA personnel officially designated as Ordering Officers under the contract or warranted contracting officers may place orders under this contract. Ordering Officers do not have the authority to negotiate, make any commitments or changes that will affect the terms and conditions of this contract. Ordering Officer Designations pertain only to the VAMCs. Other Government Agencies will place orders in accordance with their facility policies and procedures.

k) FEDERAL GOVERNMENT HOLIDAYS:

The following information is provided to assist the Contractor in scheduling on-site service:

New Year's Day January 1st Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th *If these holidays fall on a Saturday or Sunday, the contractor should contact the returning facility to determine on which day (Friday or Monday) they will be observed.

4. Performance Period: Base period February 15, 2024 – September 30,2024

5. Type of Contract: Firm-Fixed-Fee.

6. Place of Performance:

Gulf Coast Veterans VA Hospital Biloxi, Mississippi Inpatient and Outpatient Facility Gulf Coast veteran VA Cache Biloxi, Mississippi Gulf Coast Veterans Outpatient Clinic, Pensacola, Florida Clifford C. Sims State Nursing Home, Panama City, Florida

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Method of Surveillance

PRS # 1.

The Contractor shall provide sufficient staffing of narcotic inventory specialists to complete narcotic pick-up in each area in one workday from 8-4:30. This includes all paperwork needed to satisfy all local and federal rules and laws outlined in SOW.

The Contractor provided adequate staffing in order to complete all tasks outlined in PWS within an 8-hour day between the hours of 8:00am and 4:30pm Monday through Friday between the timeframe of 78-89 days since last pickup.

PRS # 2

The Contractor shall provide all reporting requirements outlined in SOW that meet or exceed all local or federal laws and rules described in SOW.

PRS # 3

The contractor shall supply all material needed to pick up narcotics for destruction, produce reports, and ship narcotic medication to Contractor’s site of destruction.

PRS # 4

The Contractor shall not leave each site until all needed reports and paperwork match completely according to local and federal law/rules.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

In Patient, Out Patient vault and Emergency Cache expired controlled substance drug pick up and filtration waste disposal. As per the statement of work within to include all travel, lodging, processing and handling fees. Total estimated weight 4500 lbs.

Contract Period: Base POP Begin: 02-15-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 562119 - Other Waste Collection PRODUCT/SERVICE CODE: R499 - Support - Professional: Other

0001AA

Biloxi In Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

0001AB

Biloxi Out Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

0001AC

Biloxi Emergency Cache expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

0001AD

Pensacola expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

0001AE

Clifford C. Sims FDVA Nursing Home expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

In Patient, Out Patient vault and Emergency Cache expired controlled substance drug pick up and filtration waste disposal. As per the statement of work within to include all travel, lodging, processing and handling fees. Total estimated weight 4500 lbs.

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

1001AA

Biloxi In Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

1001AB

Biloxi Out Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

1001AC

Biloxi Emergency Cache expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

1001AD

Pensacola expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

1001AE

Clifford C. Sims FDVA Nursing Home expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

In Patient, Out Patient vault and Emergency Cache expired controlled substance drug pick up and filtration waste disposal. As per the statement of work within to include all travel, lodging, processing and handling fees. Total estimated weight 4500 lbs.

Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

2001AA

Biloxi In Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

2001AB

Biloxi Out Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

2001AC

Biloxi Emergency Cache expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

2001AD

Pensacola expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

2001AE

Clifford C. Sims FDVA Nursing Home expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

In Patient, Out Patient vault and Emergency Cache expired controlled substance drug pick up and filtration waste disposal. As per the statement of work within to include all travel, lodging, processing and handling fees. Total estimated weight 4500 lbs.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

3001AA

Biloxi In Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

3001AB

Biloxi Out Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

3001AC

Biloxi Emergency Cache expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

3001AD

Pensacola expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

3001AE

Clifford C. Sims FDVA Nursing Home expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

In Patient, Out Patient vault and Emergency Cache expired controlled substance drug pick up and filtration waste disposal. As per the statement of work within to include all travel, lodging, processing and handling fees. Total estimated weight 4500 lbs.

Contract Period: Option 4 POP Begin: 10-01-2024 POP End: 09-30-2025

4001AA

Biloxi In Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

4001AB

Biloxi Out Patient expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

4001AC

Biloxi Emergency Cache expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

4001AD

Pensacola expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 1100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

4001AE

Clifford C. Sims FDVA Nursing Home expired controlled substance drug pick up and filtration waste disposal. Services to be preformed monthly to include all service fees. Estimated amount 100 lbs.

POP Begin: 02-15-2024 POP End: 09-30-2024

Base Period Total

Option Year One (1) Total

Option Year Two (2) Total

Option Year Three (3) Total

Option Year Four (4) Total

Contract GRAND TOTAL

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows:

The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price of all proposals relative to each other and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

36C25624Q0376

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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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year.

(End of Clause)

C.3 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.4 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.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.7 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) C.8 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) [] 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 Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.9 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.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

C.11 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)

C.12 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)

(End of Addendum to 52.212-4)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 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 Covered Entities (DEC 2023) (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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 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).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or…