36C25819Q0305-001.docx

36C25819Q0305

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

36C25819Q0305 07-01-2019 Tammy Perrine (520)629-4712 07-19-2019 4:30pm AZ 36C258 Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723 X 812331 $32.5 Million NET 30 Days X N/A X Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue Tucson AZ 85723 36C258 Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page Linen Service for Fisher House at New Mexico VA Health Care System in Albuquerque, NM in accordance with the Statement Work.

See CONTINUATION Page X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C258 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.

This is accomplished through the Tungsten Network located at: http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

B.2 STATEMENT OF WORK

1. Background:

The contractor shall provide linen laundry service for the Fisher House in a manner that will maintain a satisfactory facility condition as determined by the COR. The Contract will consist of a Base Year with an estimated commencement date of 1 August 2019 through 31 July 2020 followed by four consecutive Option Years. The contract will be Firm Fixed Price. Service shall be required two (2) days a week; The contractor shall be responsible for laundering and processing all linens, which shall include bath towels, washcloths, shower curtains, sheets, pillowcases, duvet covers, pillow shams, blankets, comforters, mattress pads, and pillows. The Fisher House consists of 16 private (bedroom/bathroom) suites and is approximately 13,500 square feet.

2. Scope:

All work shall be performed by skilled and trained personnel who are able to converse in English. The contractor shall provide all necessary labor, travel, supervision, equipment, supplies and coordination.

The contractor shall perform these services in Compliance with Standards for hotel laundry operations (Association of Linen Management) to include Infection Prevention and Control Guide. All services shall be performed by qualified Contractors who are licensed and authorized to perform the work defined herein. It is expected that all tasks shall be performed in a neat, professional manner, to present a professional appearance.

The contractor shall be fully responsible for any repairs and all damage to VA property, which results from the activities, negligence, or carelessness of its employees or subcontractors. All damages shall be immediately brought to the attention of the COR by the end of the workday of occurrences. If damage is not discovered on the day the work is performed, it shall be repaired within 72 hours of notification of the contractor by the VA. In cases of disputes between the COR and the contractor, the contractor shall notify the Contracting Officer, in writing as soon as possible, to avoid any delay in conflict resolution. If the Contracting Officer is not notified in writing within thirty (30) days of the date of the incident, the incident shall be considered to have been resolved to the satisfaction of the contractor.

3. Specific Tasks

1) Contractor’s Personnel

a) Contract Manager/Point of Contact (POC): The contractor shall provide a contract manager who shall be responsible for the performance of the contract. The contract manager shall have full authority to act on behalf of the contractor on all contract matters relating to the daily operation of this contract. The contract manager shall be able to read, write, speak, and understand English. The contract manager or alternate(s) shall be available during normal business hours and be able to meet, either in-person or telephonically, with VA personnel designated by the Contracting Officer within 24 hours to discuss deficiencies.

b) Contractor Employees: Contractor personnel shall present a neat appearance and be easily recognized as contract employees. This may be accomplished by wearing distinctive clothing bearing the company name and/or by wearing appropriate badges that prominently display the contractor’s company name or a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

c) Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent.

d) The contractor shall not employ persons for work on this contract if such an employee is identified to the contractor by VA Police or Contracting Officer as a potential threat to the health, safety, security, general well-being, or mission of the medical center and the VA.

e) The contactor shall not employ any person who is presently an employee of the U.S. Government when and if the employment of that person would create either a conflict of interest or the perception of such a conflict.

2) Pick Up and Delivery Schedule

The contractor shall provide all necessary labor, travel, supervision, equipment, supplies and coordination. Contractor is to pick-up soiled linens between the hours of 9:00 am and 1:00 pm two days per week (days are negotiable) and to deliver clean linens (wrapped in clear plastic or in covered cart) from previous pick-up on next pick-up (i.e.: Monday pick-up delivered completed on Thursday, and Thursday pick-up delivered on Monday.

a) Contractor will pick up soiled laundry two days per week, excluding all holidays, from the Fisher House.

b) Contractor will provide pick-up and delivery between the hours of 9:00 am and 1:00 pm of clean linen two days per week, excluding all holidays.

c) All exchanges should be completed at agreed time.

d) If an emergency situation causes laundry to be missed on one of these days, the Contractor shall pick-up/drop-off the laundry on the following business day.

e) The Contractor shall provide a copy of an invoice identifying items picked-up and delivered, including the time and date, driver and cost of the invoice to the Fisher House Manager upon scheduled pick-up / delivery timeframes.

3) Additional As-Needed Services Due to the possible variations of lodging census and emergent situations, additional services may be required on an as-needed basis on off schedule days. Contractor shall respond to immediate calls within two (2) hours during regular working hours, Monday - Friday, 8:00 a.m. - 4:00 p.m.

4) The Following Federal legal holidays are observed by this facility: Any holidays falling on Saturday will be observed on the preceding Friday; holidays falling on Sunday will be observed on the following Monday.

5) Procedures and Documentation: Contractor will be subject to frequent unannounced safety and environmental inspections. Contractor will have ten (10) working days to correct sanitation infractions designated as non-critical and two (2) working days to correct critical infractions.

6) Compliance Standards

a) All workmanship shall be in accordance with practices/guidelines established by the Association for Linen Management (ALM) and accepted industry standards. It is intended that services shall include all processes necessary for the laundering and finishing of the articles even though every step involved is not specifically mentioned.

b) All services shall be performed by qualified Contractors who are licensed and authorized to perform the work defined herein.

c) All services shall be completed in a timely manner and in accordance with the state, local, federal, and VA standards as listed in the Performance Work Statement.

d) In no case shall clean and soiled linen share the same physical space.

e) The Laundry Plant shall be open to inspection of sanitary conditions by the COR and/or the Fisher House representatives.

f) After processing, laundered articles shall be in serviceable and sanitary condition, meeting established quality and performance requirement standards.

g) The Contractor shall report any circumstances, which may affect the performance of the work, unhealthy or hazardous conditions, or any delays or interference with work. Such reports shall be made immediately upon discovery by the Contractor to the COR and Fisher House Manager by phone. A follow-up shall be sent to the COR and Fisher House Manager via email.

7) Training and Records Maintenance: Orientation and initial training of all personnel shall be accomplished within the first fourteen (14) days of employment with written documentation furnished to the COR. All training shall be documented, and written copies of signed attendance sheet provided to COR within ten (10) days of completion of training.

8) Documentation of Services Performed: Contractor shall maintain documentation I. Linen Laundry: Fisher House will be supplied with an inventory of linens. On an as-required basis, the Fisher House will replace these linens. The contractor will not be required to replace linens, except in the case where linens are lost and/or damaged through the negligence of the contractor. The contractor shall however inventory the outgoing soiled linens; re-inventory the incoming clean linens. Items deemed too fragile to be cleaned by the laundry service due to high-temperature levels will be cleaned by housekeeping staff in the Fisher House washers and dryers as needed. NOTE: Fisher House utilizes “hotel” quality linens (high thread count, satin banding, etc.) vs. hospital quality linens.

II. Linen Handling Instructions: Refer to handling instructions on linen tags if available, otherwise:

a) Flat Bottom Sheets – are to be cleaned, dried, and immediately folded to avoid excessive wrinkling (pressed as needed). They are to be kept separate from other items.

b) Flat Top Sheets - are to be cleaned, dried, and immediately folded to avoid excessive wrinkling pressed as needed). They are to be kept separate from other items.

c) Pillow cases must be cleaned, dried, and immediately folded to avoid excessive wrinkling (pressed as needed). They are to be kept separate from other items.

d) Pillow protectors must be cleaned, tumble dry on low, and folded immediately to avoid excessive wrinkling. They are to be kept separate from other items.

e) Pillow shams must be cleaned, dried, and immediately folded to avoid excessive wrinkling (pressed as needed). They are to be kept separate from other items.

f) Mattress Pads/protectors – are to be cleaned, dried, folded and kept separate from other items. NO HOT DRYERS

g) Down Comforters – are to be cleaned, dried, folded and kept separate from other items. Must be dried on low setting.

h) Quilts – are to be cleaned, dried, folded and kept separate from other items.

i) Duvets – to be dry cleaned, and immediately folded to avoid excessive wrinkling (pressed as needed).

j) Bath Towels – to be cleaned, dried, folded and kept separate from other items.

k) Hand Towels - to be cleaned, dried, folded and kept separate from other items.

l) Wash Cloths - to be cleaned, dried, folded and kept separate from other items.

m) Bath Mats - to be cleaned, dried and kept separate from other items.

n) Miscellaneous blankets and comforters are to be cleaned, dried and folded.

o)

III. Contaminated Laundry:

a) The contractor shall ensure articles identified as contaminated with potentially infectious material (material soaked in blood, other body fluids, feces, or human tissue) shall be separated from other soiled articles for scouring them before laundering.

b) Articles identified as contaminated with potentially infectious material will be collected by housekeeping in such a manner as to prevent the spread of microorganisms to the environment, or personnel who may be required to handle such items during transportation, cleaning or scouring in the performance of the contract.

c) The housekeeping contractor shall ensure double bagging of all soiled potentially contaminated linens to prevent any instance where the outside of a bag used in the carrying of such linen may become contaminated, when given to the linen contractor.

d) The linen carts shall protect the linen from spreading microorganisms when soiled and from the environment (rain, dust, contamination) and shall have closable lids. Before the linen carts (clean or soiled) are moved from; the storage location, linen facility, or mode of transportation, the lid shall be closed to protect the linen.

e) All Fisher House linen should be processed separately from other linen using “keep-separate” techniques.

f) The Fisher House COR and/or Manager reserves the right to visit Contractor’s plant at any time to ensure that the Contractor is using the proper procedures to process the Fisher House linen separately from any and all other linen.

I. Unserviceable articles Unserviceable and non-repairable articles no longer usable for the purpose intended shall be returned by the contractor to the Fisher House Manager in a separately marked bundle, prior to mending or patching, for directions and approval

II. Items Found in Linen

a) Personal items & photos (billfolds, jewelry, glasses, dental devices, etc.), medical items (splints, etc.), found in the soiled linen carts should be safely packaged and returned to the Fisher House promptly.

b) Any hazardous item (sharps, etc.) found in the soiled linen should be documented with a photo and then properly disposed of by Contractor.

c) Please describe your company’s procedure for lost and found items, and attach copy of the written procedure to your bid.

III. Cleanliness and Finish:

a) Contractor shall supply all carts required for the delivery of clean linen as well as carts for the pick-up of soiled linen.

b) The linen storage carts used for the transportation shall be kept clean, neat and sanitary at all times. All linen carts of cleaned and packaged linen will be covered while in transit or laundry will be wrapped in plastic to protect the packaged linen from environmental contamination, i.e. rain, dust, or other such hazards.

c) The COR and Fisher House Manager, prior to the beginning of the service, shall approve all carts supplied by the Contractor. Carts will be of generally uniform weight and size.

d) All carts and other equipment must be appropriately cleaned and sanitized between loads or uses.

e) Please submit a written copy of the procedure used for cleaning and sanitizing carts and other equipment.

f) Lost/Damaged Items: The contractor shall replace any items lost or damaged due to negligence or poor work performance at no additional expense to the VA.

g) The contractor shall indemnify the VA for any loss or damage to articles furnished for service under the contract.

h) Validation of any claims for loss or damage shall be made by the Contracting Officer (COR) based on factual (documentary) evidence produced by the VA’s representatives and/or contractor.

IV. Packing Slip and Manifest

a) A packing slip should be attached to each cart indicating item description, actual verified quantities (pieces) and/or weight, cart number, and packer’s initials (legible).

b) If any cart does not have the required packing slip, or if any part of the packing slip does not meet these requirements, or if the returned items do not match the count of the packing slips, the Contractor will be required to pick up the cart and return it with the proper quantity of clean linen to match the attached packing slip.

c) The cart must be returned to the designated site by 2:00 p.m. the same day. A consolidated manifest is required for each delivery.

4. Performance Monitoring

The New Mexico VA Medical Center (NMVAMC) will appoint a Contracting Officer’s Representative (COR) to monitor performance to ensure services are received. The COR will evaluate the contractor’s performance through intermittent on-site inspections of the contractor’s quality control program and receipt and investigation of complaints from personnel. The VA may inspect each task as completed. The COR will inspect and make shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s). Ten days prior to the implementation of this contract, contractor shall provide the COR with written copies of procedures to be used to carry out the requirements of the contract.

Please review Quality Assurance Surveillance Plan (QASP), see below:

i. Purpose This quality assurance surveillance plan (QASP) is a government-developed and applied document used to make systematic quality assurance methods used in the administration of the performance-based service acquisition (PBSA) standards included in this contract. The intent is to ensure that the contractor performs in accordance with performance metrics set forth in the contract documents, that the government receives the quality of services called for in the contract, and that the government only pays for the acceptable level of services received.

ii. Authority Authority to issue this QASP is provided under Federal Acquisition Clause (FAR) 52.212-4(a) Inspection and Acceptance, which provided for inspections and acceptance of the articles, services, and documentation called for in the contract to be accomplished by the contracting officer or a duly appointed representative.

iii. Scope The contractor, and not the government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract. The QASP is put in place to provide government surveillance oversight of the contractor’s quality control efforts to assure that they are timely, effective, and delivering the results specified in the contract. The QASP is not a part of the contract, nor is it intended to duplicate the contractor’s quality control plan.

iv. Government Resources The following definitions for government resources are applicable to this plan:

a) Contracting Officer A person duly appointed with the authority to enter into, administer, or terminate contracts and make related determinations and findings on behalf of the government.

b) Contracting Officer’s Representative (COR) An individual designated in writing by the contracting officer to act as his or her authorized representative to assist in administering a contract. The source and authority for a COR is from the contracting officer. COR limitations are contained in the written letter of designation.

v. Responsibilities The government resources shall have responsibilities for the implementation of this QASP as follows:

d) Contracting Officer The contracting officer ensures performance of all necessary actions for effective contracting and ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the contracting officer who assures that the contractor receives impartial, fair, and equitable treatment under the contract. The contracting officer is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

e) COR The COR is responsible for technical administration of the contract and assures proper government surveillance of the contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the contracting officer for action.

vi. Methods of Surveillance The below listed methods of surveillance shall be used in the administration of this QASP.

a) Periodic Surveillance by the COR The COR periodically sit in on the classes to verify that the contractor is meeting the goals of the training course.

b) Customer complaint The COR is the point of contact and will collect all customer complaints. The COR will review all complaints and contact the originator to determine the validity of any claims. Customer complaints will become a permanent part of the COR surveillance records.

c) 100% Inspections Complete evaluation of the performance element.

d) Random Sampling Method used to evaluate performance by randomly selecting and inspecting a sample of cases.

vii. Identified QA Surveillance Tasks The following PBSA items are identified within the contract performance work statement and will be monitored by period surveillance from the COR and customer complaints in the event that a task is not be adequately performed. Please refer to Documentation of Services Performed (“item vii.” of the PWS, begins on page three).

viii. Documentation The COR will, in addition to providing documentation to the contracting officer, maintain a complete quality assurance file. The file will contain copies of all reports, evaluations, recommendations, and any actions related to the government’s performance of the quality assurance function, including the originals of all surveillance activity checklists. All such records will be retained for the life of this contract. The COR shall forward these records to the contracting officer at termination or completion of the contract.

5. Performance Objective

Laundry Services – not to exceed two (2) customer complaints per month.

6. Security Requirements

The C&A requirements do not apply, and that a Security Accreditation Package is not required.

7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI) Fisher House will be supplied with an inventory of linens. On an as-required basis, the Fisher House will replace these linens. The contractor will not be required to replace linens, except in the case where linens are lost and/or damaged through the negligence of the contractor. The contractor shall however inventory the outgoing soiled linens; re-inventory the incoming clean linens. Items deemed too fragile to be cleaned by the laundry service due to high-temperature levels will be cleaned by housekeeping staff in the Fisher House washers and dryers as needed. NOTE: Fisher House utilizes “hotel” quality linens (high thread count, satin banding, etc.) vs. hospital quality linens.

8. Other Pertinent Information or Special Considerations:

Contractor will be trained by Fisher House manager what the exact expectation of the linen are to look like once cleaned and returned to Fisher House.

9. Risk Control The C&A requirements do not apply, and that a Security Accreditation Package is not required.

10. Place of Performance The contractor shall clean all linen at its place of business; pick-up and delivery of all lines will be directly to the Fisher House located at:

New Mexico VA Medical Center 1501 San Pedro SE c/o Fisher House Albuquerque, NM 87108

11. Period of Performance:

12. Delivery Schedule The contractor shall provide all necessary labor, travel, supervision, equipment, supplies and coordination. Contractor is to pick-up soiled linens between the hours of 9:00 am and 1:00 pm two days per week (days are negotiable) and to deliver clean linens (wrapped in clear plastic or in covered cart) from previous pick-up on next pick-up (i.e.: Monday pick-up delivered completed on Thursday, and Thursday pick-up delivered on Monday.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Pick up and deliver 2x/week (Annual Estimate: 34,000.00 LBS) Contractor Price Per Pounds (PPP): __________________ Contract Period: Base POP Begin: 08-01-2019 POP End: 07-31-2020

Pick up and deliver 2x/week (Annual Estimate: 34,000.00 LBS) Contractor Price Per Pounds (PPP): __________________ Contract Period: Base POP Begin: 08-01-2020 POP End: 07-31-2021

Pick up and deliver 2x/week (Annual Estimate: 34,000.00 LBS) Contractor Price Per Pounds (PPP): __________________ Contract Period: Base POP Begin: 08-01-2021 POP End: 07-31-2022

Pick up and deliver 2x/week (Annual Estimate: 34,000.00 LBS) Contractor Price Per Pounds (PPP): __________________ Contract Period: Base POP Begin: 08-01-2022 POP End: 07-31-2023

Pick up and deliver 2x/week (Annual Estimate: 34,000.00 LBS) Contractor Price Per Pounds (PPP): __________________ Contract Period: Base POP Begin: 08-01-2023 POP End: 07-31-2024

B.4 DELIVERY SCHEDULE

Fisher House 1501 San Pedro SE Albuquerque, NM 87108 5153

USA

12.00

(505) 265-1711 x2518 ramon.oaxaca@va.com

Page 1 of Page 1 of

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/

FAR Number 52.212-4 Title

CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Date

OCT 2018

DEC 2013

(End of Clause)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(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 five (5) years.

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.5 VAAR 852.237-70 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 . 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) (End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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

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

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

(3) 52.209-10, 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:

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

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

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

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

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

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

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

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

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

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

[X] (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.

[] (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).

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

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered 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)).

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

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

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

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

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

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

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

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

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

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

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

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

Employee Class 7304/WG-04/Laundry, Dry Cleaning, and Pressing Monetary Wage-Fringe Benefits $15.20

[] (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…