36C25821Q0122.docx

36C25821Q0122

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

501-21-2-408-0008 36C25821Q0122 03-16-2021 Rochelle Bennett 602-795-4476 03-26-2021

12:00 PM

MDT

36C258 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix

AZ

85014 X X 811310 $8 Million N/A X 36C501 VA Cooperative Studies Program Clinical Research Pharmacy Coordinating Center 2401 Centre Ave SE Albuquerque

NM

87106 36C258 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix

AZ

85014

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 Please see schedule and delivery in section B - continuation of SF 1449 blocks for the Generator PM requirement for the VA Cooperative Studies Program Clinical Research Pharmacy Coordinating Center in Albuquerque, NM.

Any questions regarding this solicitation will be accepted at Rochelle.Bennett@va.gov no later than 03/19/2021 at 12:00pm MST.

See CONTINUATION Page X X Tina M. Kennedy

VA-VHA-SAOW-2020-F1EDF803

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 777 E. Missouri, Suite 300 Phoenix AZ 85014

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:

Performance Work Statement Standby Generator Preventive Maintenance Services New Mexico Veterans Affairs Health Care System (NMVAHCS)

Equipment:

Required Services:

1. The Contractor shall provide all parts, materials, labor, supervision, test equipment, technical manuals and transportation necessary to perform described maintenance as required, annual load bank testing, and preventative maintenance (PM) of three (3) Generators. The services shall be arranged with the Contracting Officer’s Representative (COR).

2. Perform one semi-annual Level I inspection/maintenance/servicing during one six-month period and one annual Level II inspection/maintenance/servicing during the next six-month period on each of the three (3) standby generators.

3. Perform one annual standby generator load bank test on each of the three (3) standby generators.

4. Refuel both diesel standby generators with dyed diesel #2 (per gallon) as needed at time of Level I/II servicing and if needed between servicing.

5. Emergency response – contractor shall provide 24 hour/7 days a week/365 days per year emergency contact number in the event of a generator failure. Expected response time is 6 hours or less. In the event of a city-wide power outage, expected response time is 12 hours or less.

6. Emergency/unplanned repairs. In the event of a need for an emergency/unplanned repair, the contractor shall provide a quote for labor and materials to the contracting officer through the COR prior to approval to perform repair actions.

7. The Contractor shall provide documentation of services rendered on a legible field service report to the Contracting Officer Representative upon completion of each service.

Conformance Standards:

A. Contract service shall ensure that the equipment functions in conformance with the latest published edition of the applicable standards, such as: NFPA-99, UL, OSHA, VA, CDRH, etc. and the “Manufacturer's Performance standards/ specifications” as used when the equipment was originally procured and that any upgrades/updates will meet the stated standards/specifications.

B. Refer to the Quality Assurance Surveillance Plan (QASP) for performance monitoring criteria (See Attachment A).

Hours of Coverage:

A. Normal hours of coverage are Monday through Friday from 7:30 am to 4:00 pm New Mexico time (Mountain).

B. All service/repairs shall be performed during normal hours of coverage unless requested or approved by the COR or his/her designee.

C. Preventive maintenance shall be performed during normal hours of coverage as scheduled by the COR or his/her designee.

D. Work performed outside the normal hours of coverage must be approved by the COR or his/her designee.

E. Federal Holidays observed are:

IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

A. Smoking (including vaping, chewing tobacco, snuff) is prohibited inside the perimeter fence.

B. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Information Security:

In accordance with Appendix A, Handbook 6500.6 Checklist blocks 7, the C&A requirements do not apply to this requirement, and Security Accreditation Package is not required. The nature of this requirement is technical and there is no information to be protected.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Level I inspection/maintenance/servicing (Serial# 363603 - Diesel) Contract Period: Base POP Begin: 04-01-2021 POP End: 03-31-2022

Level II inspection/maintenance/servicing (Serial# 363603 - Diesel)

Load bank test (Serial# 363603 - Diesel)

Level I inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Level II inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Load bank test (Serial# 0769882 - Diesel)

Dyed diesel #2 Refuel

POP Begin: 04-01-2021

Modification will be required if a refuel occurs; COR will verify diesel fuel pricing and submit modification increase for invoicing.

Diesel fuel delivery charge

Level I inspection/maintenance/servicing (Serial# M101382220)

Level II inspection/maintenance/servicing (Serial# M101382220)

Load bank test (Serial# M101382220)

Emergency response and/or repairs (funded as needed).

POP Begin: 04-01-2021

Modification will be required for Costs of parts and labor outside the scope of work that may occur on an emergency basis; COR will verify pricing and submit modification increase for invoicing.

Level I inspection/maintenance/servicing (Serial# 363603 - Diesel) Contract Period: Option 1 POP Begin: 04-01-2022 POP End: 03-31-2023

Level II inspection/maintenance/servicing (Serial# 363603 - Diesel)

Load bank test (Serial# 363603 - Diesel)

Level I inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Level II inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Load bank test (Serial# 0769882 - Diesel)

Dyed diesel #2 Refuel

POP Begin: 04-01-2022

Modification will be required if a refuel occurs; COR will verify diesel fuel pricing and submit modification increase for invoicing.

Diesel fuel delivery charge

Level I inspection/maintenance/servicing (Serial# M101382220)

Level II inspection/maintenance/servicing (Serial# M101382220)

Load bank test (Serial# M101382220)

Emergency response and/or repairs (funded as needed).

POP Begin: 04-01-2022

Modification will be required for Costs of parts and labor outside the scope of work that may occur on an emergency basis; COR will verify pricing and submit modification increase for invoicing.

Level I inspection/maintenance/servicing (Serial# 363603 - Diesel) Contract Period: Option 2 POP Begin: 04-01-2023 POP End: 03-31-2024

Level II inspection/maintenance/servicing (Serial# 363603 - Diesel)

Load bank test (Serial# 363603 - Diesel)

Level I inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Level II inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Load bank test (Serial# 0769882 - Diesel)

Dyed diesel #2 Refuel

POP Begin: 04-01-2023

Modification will be required if a refuel occurs; COR will verify diesel fuel pricing and submit modification increase for invoicing.

Diesel fuel delivery charge

Level I inspection/maintenance/servicing (Serial# M101382220)

Level II inspection/maintenance/servicing (Serial# M101382220)

Load bank test (Serial# M101382220)

Emergency response and/or repairs (funded as needed).

POP Begin: 04-01-2023

Modification will be required for Costs of parts and labor outside the scope of work that may occur on an emergency basis; COR will verify pricing and submit modification increase for invoicing.

Level I inspection/maintenance/servicing (Serial# 363603 - Diesel) Contract Period: Option 3 POP Begin: 04-01-2024 POP End: 03-31-2025

Level II inspection/maintenance/servicing (Serial# 363603 - Diesel)

Load bank test (Serial# 363603 - Diesel)

Level I inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Level II inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Load bank test (Serial# 0769882 - Diesel)

Dyed diesel #2 Refuel

POP Begin: 04-01-2024

Modification will be required if a refuel occurs; COR will verify diesel fuel pricing and submit modification increase for invoicing.

Diesel fuel delivery charge

Level I inspection/maintenance/servicing (Serial# M101382220)

Level II inspection/maintenance/servicing (Serial# M101382220)

Load bank test (Serial# M101382220)

Emergency response and/or repairs (funded as needed).

POP Begin: 04-01-2024

Modification will be required for Costs of parts and labor outside the scope of work that may occur on an emergency basis; COR will verify pricing and submit modification increase for invoicing.

Level I inspection/maintenance/servicing (Serial# 363603 - Diesel) Contract Period: Option 4 POP Begin: 04-01-2025 POP End: 03-31-2026

Level II inspection/maintenance/servicing (Serial# 363603 - Diesel)

Load bank test (Serial# 363603 - Diesel)

Level I inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Level II inspection/maintenance/servicing (Serial# 0769882 - Diesel)

Load bank test (Serial# 0769882 - Diesel)

Dyed diesel #2 Refuel

POP Begin: 04-01-2025

Modification will be required if a refuel occurs; COR will verify diesel fuel pricing and submit modification increase for invoicing.

Diesel fuel delivery charge

Level I inspection/maintenance/servicing (Serial# M101382220)

Level II inspection/maintenance/servicing (Serial# M101382220)

Load bank test (Serial# M101382220)

Emergency response and/or repairs (funded as needed).

POP Begin: 04-01-2025

Modification will be required for Costs of parts and labor outside the scope of work that may occur on an emergency basis; COR will verify pricing and submit modification increase for invoicing.

B.3 DELIVERY SCHEDULE

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

505-248-3249 David.Older@va.gov

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

Research Pharmacy Coordinating Center 2401 Centre Avenue, SE Albuquerque, NM 87106 4180

USA

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

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

(End of Clause)

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

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

(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.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[X] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[X] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(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 (JAN 2021)

(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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 (JUN 2020), 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 (JUN 2020) (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.)

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

[] (5) [Reserved] [] (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).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

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

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

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

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

[] (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 (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (JUN 2020) of 52.219–9.

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

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

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

[] (36) 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.)

[] (37)(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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(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.

[] (41)(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.

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

[] (43)(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] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

[] (iii) Alternate II (JAN 2021) of 52.225-3.

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

[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 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).

[] (52) 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).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(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) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

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

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

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

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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 (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of…