36C25819Q0070-000.docx

36C25819Q0070

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25819Q0070 02-20-2019 Cesar Suarez 520-792-1450 x 2573 03-15-2019

1600 AZ

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson

AZ

85723 X X 562111 $38.5 Million X N/A X Department of Veterans Affairs New Mexico VA Healthcare System Raymond G Murphy VA Medical Center 1501 San Pedro Dr SE Albuquerque

NM

87108 Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson

AZ

85723

Department of Veterans Affairs

FMS-VA-FSC

PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Solid Waste and Recycling Pickup - See Schedule for Specific Line Items $0.00 See CONTINUATION Page X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C258 Thomas H. Robinson

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

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.

Department of Veterans Affairs

FMS-VA-FSC

PO Box 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Trash Removal according to Pull Schedule table located in Statement of Work Contract Period: Base POP Begin: 04-01-2019 POP End: 09-30-2019

Recycle Removal according to Pull Schedule table located in Statement of Work

Additional 8 cubic yard trash/recycle container

Additional 30 cubic yard trash container

POP Begin: 10-01-2018

Additional 30 cubic yard recycle container

POP Begin: 10-01-2018

Trash Removal according to Pull Schedule table located in Statement of Work Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 09-30-2020

Recycle Removal according to Pull Schedule table located in Statement of Work

Additional 8 cubic yard trash/recycle container

Additional 30 cubic yard trash container

Additional 30 cubic yard recycle container

Trash Removal according to Pull Schedule table located in Statement of Work Contract Period: Option 2 POP Begin: 10-01-2020 POP End: 09-30-2021

Recycle Removal according to Pull Schedule table located in Statement of Work

Additional 8 cubic yard trash/recycle container

Additional 30 cubic yard trash container

Additional 30 cubic yard recycle container

Trash Removal according to Pull Schedule table located in Statement of Work Contract Period: Option 3 POP Begin: 10-01-2021 POP End: 09-30-2022

Recycle Removal according to Pull Schedule table located in Statement of Work

Additional 8 cubic yard trash/recycle container

Additional 30 cubic yard trash container

Additional 30 cubic yard recycle container

Trash Removal according to Pull Schedule table located in Statement of Work Contract Period: Option 4 POP Begin: 10-01-2022 POP End: 09-30-2023

Recycle Removal according to Pull Schedule table located in Statement of Work

Additional 8 cubic yard trash/recycle container

Additional 30 cubic yard trash container

Additional 30 cubic yard recycle container

B.3 DELIVERY SCHEDULE

Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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Albuquerque, NM 87108 5153

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STATEMENT OF WORK

for: Solid Waste and Recycling Services

1. DESCRIPTION OF SERVICE: The Contractor shall provide Solid Waste and Recycling Service from Government-owned 30-yard Roll-Offs and Contractor-owned Solid Waste Trash and Recycling Dumpsters at the New Mexico Veterans Affairs Health Care System (NMVAHCS). Service shall be furnished F.O.B. Destination, to the NMVAHCS, 1501 San Pedro Dr. SE, Albuquerque, NM 87108 for the base period of one (6) month period with the Government's option to exercise four (4) additional one-year option periods.

A. DEFINITIONS:

(a) Solid Waste - The direct generation, collection, storage, transport, source separation, processing, treatment, recovery and disposal of solid waste, i.e., Trash, Garbage, and Recyclables.

(b) Trash —Non-recyclable materials, food-containing waste, such as paper, wrappings, cartons, metal, floor sweepings, dirt, tree trimmings and wood chips, place in containers, waste products, wastepaper, lumber, old wooden furniture, mattresses and other such items.

(c) Garbage - Coffee grounds, tea leaves, melon rinds, onion hulls, table scraps, and all waste products derived from the preparation of foods.

(d) Recyclables - Magazines, Phone Books, Cardboard, Office Paper, Newspaper, Tin, Plastic, Glass, Aluminum, etc. To eliminate the need for numerous containers, recyclable products are commingled, i.e., Magazines, Phone Books, Cardboard, Office Paper, Newspaper, Tin, Plastic, Glass, Aluminum, etc.

2. LOCATION, DUMPSTER SIZE, AND FREQUENCY OF SERVICE:

*M — Monday *T — Tuesday *W — Wednesday *TH - Thursday *F - Friday Trash and Garbage Pulls: Pick-up trash and garbage in the following designated areas.

Trash Pulls-Dumpsters Container

Container

*Note: Dumpsters #14 and 15 are owned by USAF 377th Medical Hospital Unit-VA merely provides the service of trash pulls for them.

**Note: Dumpster #21 is for new facility being put into service-trash pulls.

Recyclable Pulls: Pick-up recyclables in the following designated areas. All Recyclable Dumpsters are to be Contractor-furnished:

Recycle Pulls-Dumpsters Container Location Container *Frequency of Service

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Size

Health 26 Building No.77 New Sleep 8 yard 3 times per week (M-W-F) Center

33 ***Building No. 80 – CLC 8 yards 3 times per week (M-W-F)

***Note: Dumpster #33 is for new facility being put into service-recycle pulls.

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30 Yard Roll-Offs Pulls: Pick-up of 30 Yard Roll-Offs will involve handling of general/miscellaneous materials from facility campus -and will only be pulled/picked up on an as needed basis-if government representative COR/GEMS Coordinator/Grounds Shop Staff-calls contractor for this service. All 30 Yard Roll-Offs are Government-Owned/furnished.

3. PERFORMANCE: The Contractor shall perform service per the Price/Cost Schedule. The Contractor and the Government shall monitor the number of pulls monthly and jointly determine the frequency of pick-ups that will meet the intent of the government to maintain a proper number of dumpster pull(s). The contractor shall meet the following performance requirements:

A. Size and Type of Containers: The Contractor will furnish ALL the trash and recycle containers- not including 30-yard Roll-Offs. These shall meet the approximate cubic yardage (cubic meters) where specified under Item No. 2 for each location. The contractor furnished containers for all the dumpsters must be FULLY ENCLOSED WITH PLASTIC COVERS. All the containers will be marked with signage indicating a unique ID number-as referenced in Item No. 2. Those containers designated for recycling will be marked with "recycling" furthermore for trash will be marked with “trash” nomenclature accordingly. Additionally, contractor shall comply with possible location changes for dumpsters-if Government requires repositioning/relocating of units-this will be attended to within a reasonable timeframe; such as not greater than 8 hours-standard shift time.

B. Disposal: The contractor shall be required to dispose of the solid waste and recyclable material in such a manner as not to cause conditions detrimental to public health or to constitute a public nuisance. Materials shall be disposed of at a licensed site selected by the contractor. The contractor shall assume full responsibility for compliance with all federal, state, city and county laws, rules and regulations governing removal of solid waste and recyclable materials.

C. Sanitary Conditions: Cleaning and sanitizing of all Contractor-Furnished Containers are to be performed as needed. Any material scattered by the contractor on the NMVAHCS grounds must be recovered and removed during the pick-up. If Government staff notice any material needing attention after Contractor has completed servicing for the day-Contractor will rectify within a reasonable timeframe; such as not greater than 8 hours-standard shift time of said event. Contractor-Furnished Containers that reflect an unsightly appearance must be removed and replaced by the contractor. Mechanical maintenance and painting of the Contractor-Furnished Containers are the responsibility of the contractor-including updating/repainting labels on dumpster. All Contractor-Furnished Containers for trash and recycling materials must be rat proof, leak proof, fire retardant and showing a neat and orderly appearance, free from rust and excessive dents. All repairs shall be taken care of the next business day unless other arrangements are made with the COR and/or GEMS Coordinator-in which case will require a response within a reasonable timeframe; such as not greater than 8 hours-standard shift time.

D. Environmental Compliance: Contractor will provide services in accordance with Federal, State, and Local laws to meet mandates of facility inspections. The Contractor will collaborate with GEMS Coordinator in these efforts.

4. REPORTING (During Normal Working Hours): The COR and/or GEMS Coordinator shall coordinate with the Contractor to schedule additional pick-up of the Solid Waste and Recyclable Dumpsters between the hours of 6:00 a.m. and 4:00 p.m. Monday thru Friday if necessary or required because of accessibility or construction issues.

5. REPORTING (During Other Than Normal Working Hours): The contractor shall schedule to pick-up the Solid Waste and Recyclable Dumpsters between the hours of 5:00 a.m. and 4:00 p.m. Monday thru Friday.

6. CONTRACTOR'S SERVICE REPORT: The contractor shall maintain a running log of number of pulls and provide the quantity to the GEMS Coordinator upon request. The service report shall include the following information:

(a) Company Name

(b) Contact Telephone Number

(c) Date of Service

(d) Location of Pick-up

(e) Type of Service (Trash or Recyclable)

(f) Weight of Pick-up (Trash or Recyclable)

7. SERVICE CALLS: Contractor shall provide in the space below, the name, location, and telephone number of the office where service calls are to be placed:

Name: New contract company name Address:

POC: Phone and email #’s

8. GOVERNMENT HOLIDAYS: Services shall be performed the first business day (Monday thru Friday) on the following National holidays unless the contractor does not celebrate the holiday the service will be as scheduled:

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

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9. ADDITIONAL AND/OR DELETE SERVICE: This item is in reference to Item #2 above. Contractor shall provide Additional and/or Delete service as directed by the VISN authority CO-Contracting Officer, CO; after local station COR and/or GEMS Coordinator identify this concern due to an unforeseen or scheduled influx and/or reduction of trash or recyclable material. Once the VISN authority CO-Contracting Officer, CO is aware of any changes needed; the COR and/or GEMS Coordinator shall notify the Contractor for additional pick-ups within a reasonable timeframe; such as not greater than 8 hours-standard shift time; or prior to the workday needed; in order for the contractor to have enough time to schedule the additional pick-up(s). Furthermore, if a reduction in service occurs the COR and/or GEMS Coordinator shall notify the contractor of any unneeded pick-ups within a reasonable timeframe; such as not greater than 8 hours-standard shift time-if this influx and/or reduction in service did include a permanent change-then the VISN authority CO-Contracting Officer, COR, and GEMS Coordinator will collaborate with contractor to amend the contract. Additionally, the Contractor will respond to the Government with service within a reasonable timeframe; such as not greater than 8 hours-standard shift time of receiving a request from the Government. The Contractor shall provide a price for Additional and/or Delete service to provide a commercial size dumpster or dumpsters. Additional and/or Delete service shall be included in the monthly invoice within the month when the Additional and/or Delete service was provided. The invoice shall reflect the Additional and/or Delete service in a separate line item for each type of service performed per the schedule of Service and Price. Invoice will show specifically: Month of service, Dumpster #, dumpster location, dumpster size, and frequency of pickup for the specific dumpster, and type of pull: either recycle or trash. The NMVAHCS reserves the right to change the frequency and location(s) of the pick-ups during this contract as it sees fit. The Contractor shall make the necessary adjustment to the scheduled pick-ups and invoice accordingly.

10 SAFETY STANDARDS: Contractor shall take such safety precautions as the COR and/or GEMS Coordinator or his designee may determine to be reasonably necessary to protect the property, lives, and the health of the occupants of the facility. Furthermore, the Contractor will exercise due diligence with issues involving the leaking of hydraulic fluids, brake fluids, and any other mechanical fluids which may have produced spills on Government property. Hence the Contractor will ensure that they inspect their own service vehicles to prevent this occurrence.

Contractor shall also respond to any issues concerning traffic flow, including ingress/egress for all facility roadways. The COR and/or GEMS Coordinator, or his designee, shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. After receipt of such notice, the Contractor shall address within a reasonable timeframe; such as not greater than 8 hours-standard shift time to correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his representative at the site of work, shall be deemed sufficient for the purposes aforesaid. If the Contractor fails or refuses to comply promptly, the COR and/or GEMS Coordinator may issue a stop-work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

11. PROTECTION FROM DAMAGE: The Contractor shall provide all labor, materials and equipment necessary to protect personnel, furnishings, equipment and buildings from damage; Contractor shall remove and replace the dumpsters of the same exact size and at the same dedicated location unless as directed by the COR and/or GEMS Coordinator. The COR and/or GEMS Coordinator shall coordinate with the contractor whenever there is a need to relocate the dumpsters due to on-going construction, accessibility issues, changes in facility configuration, or other items as listed in Items #3, #9, and/or #10 above.

12. MISUSE OR ABUSE: Service calls required due to damage, accident, misuse, and/or abuse determined to be through the fault or negligence of the Government, shall not be the responsibility of the Contractor and shall require issuance of a contract modification. Contractor shall be required to submit an estimate of any work to be performed due to damage, accident, misuse or abuse. This estimate is to be submitted to the COR and/or GEMS Coordinator who, in coordination with the VISN authority CO-Contracting Officer, shall determine if such work is economically feasible or not. Any work required under these circumstances shall not be performed without the approval of the VISN authority CO-Contracting Officer.

The determination as to whether the Government was negligent shall be made by agreement between the Contractor and VISN authority CO-Contracting Officer, based on evidence presented. However, the decision of the VISN authority CO-Contracting Officer shall be final. Disagreements thereafter shall be settled in accordance with the Disputes Clause.

13. TECHNICAL SUPPORT: The Contractor shall provide unlimited technical support via telephone, e-mail, and/or fax. This service does not involve Contractor connection of one or more contractor-owned IT devices (such as laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public network) therefore Information Technology (IT) Security certification and accreditation (authorization) (C&A) requirements do not apply per VA Handbook 6500.6.

14. BADGES: Contractor personnel shall wear I.D. badges or have an acceptable federal ID with them during the entire time he/she is on Government property. I.D. badges must have an identification picture and shall state the name of the individual and the company he/she represents.

15. SMOKING: Smoking is not permitted within, or around, the VA Healthcare System facilities, except in designated areas.

16. PARKING: It is the responsibility of the Government to ensure the Contractor has clear access to the Trash and Recycling Dumpsters. The Contractor shall notify the COR and/or GEMS Coordinator within a reasonable timeframe; such as not greater than 8 hours-standard shift time after the scheduled pick-up if accessibility is hindered in any form or fashion that prevents the Contractor from accessing the dumpsters.

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SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

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

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

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

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

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

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

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

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

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

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

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

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

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

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

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

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

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

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

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

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

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

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

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

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

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

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

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

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

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

[] (iii) Alternate II (FEB 2006) of 52.247-64.

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

[X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

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

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

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

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

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

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

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

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

(End of Clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of Clause)

C.4 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.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

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

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “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).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.6 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of New Mexico. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

WD 15-5443 (Rev.-7) was first posted on www.wdol.gov on 01/01/2019

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5443 Daniel W. Simms Division of | Revision No.: 7 Director Wage Determinations| Date Of Revision: 12/26/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.