36C26021Q0985.docx

36C26021Q0985

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

531-22-1-5049-0003 36C26021Q0985 10-04-2021 Dustin Calvert 360-852-9855 10-17-2021 17:00

PDT

36C260 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver

WA

98662 X X 561730 $8 Million N/A X 36C260 Department of Veterans Affairs Boise VA Medical Center 500 W. Fort St.

Bosie

ID

83702 Y Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver

WA

98662

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 See CONTINUATION Page The Contractor shall provide snow and Ice removal services for the Boise VAMC IAW Statement of work attached to this solicitation.

The period of performance is as follows:

Base Year: 01 NOVEMBER 2021 - 31 OCTOBER 2022 Option Year 1: 01 NOVEMBER 2022 - 31 OCTOBER 2023 Option Year 2: 01 NOVEMBER 2023 - 31 OCTOBER 2024 Option Year 3: 01 NOVEMBER 2024 - 31 OCTOBER 2025 Option Year 4: 01 NOVEMBER 2025 - 31 OCTOBER 2026 Offerors shall thoroughly review the quote preparation Instructions on page.

See CONTINUATION Page 531-3620162-5049-853300-2549 0100501X6 X X Krystal Weeks Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C260

Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

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-2(101)

Financial Services Center

PO BOX 149971

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK (SOW)

1. Contract Title Boise VA Medical Center Snow Removal Service

2. Background The seasonal removal of snow and ice is critical to maintain a safe environment for patients, visitors and staff. The Boise VA Medical Center (BVAMC) Facilities Management Service (FMS) does not have the manpower or equipment necessary to provide this service.

3. Scope.

The Contractor shall provide all labor, appropriate equipment, material and tools necessary to perform on call snow and ice removal from roadways, parking lots, sidewalks, stairwells and building entrances throughout the BVAMC. (See attached site plan)

Prior to bid, interested contractors may attend a site survey meeting by scheduling a site visit with the Contracting Officer. All bids must be accompanied by an operational plan listing the types of equipment and number of personnel available for the required tasks.

Upon award the Contracting Officer shall designate a Representative (COR) to supervise the work performed for the duration of this contract. However, in no event, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer, prior to completion of this contract. A copy of this designation shall be furnished to the Contractor.

The COR, or the authorized on duty designee, will initiate all snow removal services. In general, this will occur when accumulation exceeds one (1) inch or within one (1) hour after snowfall starts. However, factors including weather forecasts, current conditions, time of day and day of week will be considered prior to notification. Preemptive and preventative measures may be required.

Snow and ice removal work will be prioritized to ensure critical tasks are performed first. The COR will establish and provide to the Contractor written priorities for weekday and after hour’s snow removal operations. The VA will provide the Contractor with current site plans.

The Contractor must respond with an appropriate size crew, begin work within one hour of notification during normal business hours, 6:00 AM to 4:30 PM, Monday through Friday, and within two hours after normal business hours, holidays, and weekends.

On arrival, the Contractor and crew are required to sign in with the Administrative Officer of the Day (AOD) in Room 112, Building 85 (the Emergency Room entrance.) The Contractor will promptly and accurately record in the VA Snow Log all work performed including: time started and time finished; types of equipment and number of employees utilized; and amount of liquid deicer used.

4. Specific Tasks

The Contractor shall provide all labor, equipment, supplies and tools necessary to complete the following tasks:

5.1 Roadways and Parking Lots

The Contractor will plow snow and remove ice from roadways and parking lots.

De-icing is defined as removal of snow, ice or frost from a surface. Anti-icing is understood to be the application of chemicals that not only de-ice, but also remain on a surface and continue to delay the reformation of ice for a certain period of time, or prevent adhesion of ice to make mechanical removal easier.

Snow and ice must be removed from all handicap parking stalls sufficient to allow access in/out and around vehicles, and to and from the facility entrance. This includes van ramp accessibility.

Accumulated snow and ice must be removed from areas around storm drains to allow for proper drainage.

During plowing operations, the contractor may use lawn areas and the ends of each parking lot for snow accumulations. Snow must be properly placed to minimize loss of parking spaces. Generally handicapped parking spaces are located at the ends of parking lots to allow ease of accessibility to our handicapped veterans and visitors. This need is not diminished during the winter months and therefore particular attention needs to be given to ensure proper mobility to and from these spaces. These areas are not acceptable snow accumulation points.

When snowfall is heavy or accumulations become excessive, the contractor may be required to transport the accumulation to remote sites other than parking lots or lawn areas.

If there is a significant amount of snow, it’s possible that the contractor will be required to move snow piles to another area of the hospital grounds or possibly off station. Most contractors will use a skid steer to scoop up the snow and either move the snow with the skid steer, bucket by bucket, or they will use equipment to load a truck or trailer to transport large amounts of snow.

Typical equipment used for this task: **NOT LIMITED TO THIS EQUIPMENT**

Snow plow truck

Skid Steer

Front loader

Truck for transporting snow

Trailer for transporting snow

ATV with snow plow attachment

Snow plow/liquid deicer applicator truck:

The Contractor will supply and apply liquid deicing material to roadways and parking lots when requested by the COR, or the authorized on duty designee.

The boom used for liquid deicing application must be a fixed boom with flow valves and a calibration system which includes a viable rate control system to ensure minimal waste. It must be of sufficient width to accommodate one full lane of traffic with an on/off capability from inside the cab.

It is estimated that a full application may require 750 to 900 gallons of material. The VA will furnish a location for an onsite storage tank for liquid deicer, if required.

5.2 Sidewalks, Stairways and Building Entrances

The Contractor will remove snow and ice from sidewalks, stairways and building entrances. Snow and ice will be eliminated in its entirety.

Marked crosswalks will be considered as part of the sidewalk. Snow and ice will be eliminated from crosswalks in its entirety. Snow and ice must be removed from the gutter at all crosswalks.

Also, a granular ice melt spreader will be used all over the campus. There are requirements for this as well. Here is what the SOW states:

The Contractor will ensure that the granular ice melt material is applied at rates to maximize effectiveness and minimize waste. This includes constraining walking speed to avoid wasting granular ice melt due to the scatter effect at higher speeds. In addition, side limiters will be attached to spreaders used to apply ice melt on sidewalks. This helps reduce waste due to bounce and whip off allowing more of the material to remain on the sidewalk, saving up to 40% in deicing material and reducing material runoff to the surrounding environment. Special care should be used when applying material at building entrances to avoid excessive buildups.

Sidewalks greater than 48 inches in width will be plowed with an appropriately sized vehicle. Small four wheeler plows with skids that allow snow to be left behind must be followed up with hand shoveling. Sidewalks less than 48 inches in width should be shoveled by hand.

5.3 Liquid Deicer

The Contractor will supply and apply liquid deicing material to roadways and parking lots when requested by the COR, or the authorized on duty designee.

The boom used for liquid deicing application must be a fixed boom with flow valves and a calibration system which includes a viable rate control system to ensure minimal waste. It must be of sufficient width to accommodate one full lane of traffic with an on/off capability from inside the cab.

It is estimated that a full application may require 1000 to 1300 gallons of material. The VA will furnish a location for an onsite storage tank for liquid deicer, if required.

The VA is unable to furnish long term / overnight parking for deicing trucks, four wheelers, and other large equipment. A few spreaders, and snow shovels can be stored onsite to expedite snow removal.

5.4 Granular Ice Melt

The VA will furnish all granular ice melt material.

Liquid deice is not allowed on sidewalk areas.

The Contractor will apply granular ice melt material to roadways, parking lots, sidewalks, stairwells and building entrances as needed, or when requested by the COR, or the authorized on duty designee.

The Contractor will ensure that the granular ice melt material is applied at rates to maximize effectiveness and minimize waste. This includes constraining walking speed to avoid wasting granular ice melt due to the scatter effect at higher speeds. In addition, side limiters will be attached to spreaders used to apply ice melt on sidewalks. This helps reduce waste due to bounce and whip off allowing more of the material to remain on the sidewalk, saving up to 40% in deicing material and reducing material runoff to the surrounding environment. Special care should be used when applying material at building entrances to avoid excessive buildups.

Granular ice melt material may be used in lieu of liquid deicer in roadways and parking lots when directed by the COR.

Parking Garage: The Boise VAMC now has a multilevel parking structure where the top portion is exposed to the elements. It is imperative that liquid or granular deicing agents ARE NOT USED anywhere in or on the parking structure. The contractor will use snowplows to remove snow from the exposed areas of the structure and then apply sand only, no gravel. There are gated openings where snow can be pushed off the structure. There will be no snow storage on the structure. The structure is not designed to handle the extra weight of the snow. Snow must be plowed and pushed off the structure in the designated dumping spots. Depending on the amount of snow, this may require removing snow form the dumping area outside of the parking garage. This will all be explained during the sire walk and listed on the provided facility snow removal priority map.

6. Performance Monitoring

Skilled personnel at all levels are absolutely essential to a successful snow and ice control program. Managers and supervisors need to be skilled at interpreting road and weather information. Operators need to be skilled in equipment operation, calibration, “reading the road” and common sense.

The COR will inspect during snow removal to ensure tasks are fully and properly performed. The Contractor will respond to deficiencies prior to completing work.

COR after action reports will be provided to the Contractor by email and a copy maintained in the COR contract file.

The Contractor shall promptly and appropriately respond to deficiencies noted in the COR after action report by correcting the issue or proposing an action plan for improvement.

7. Security Requirements

Following Contract award, the Contractor is required to present a list of personnel and their qualifications, to include a contract manager that will supervise the performance of this contract to the Contracting Officer. All supervisory Contractor personnel shall be able to communicate well with the COR or designee. All Contractor employees are subject to current Medical Center Directives applicable to their conduct.

For security purposes, all contractor personnel working on station shall wear a shirt or outer garment that identifies them as a contractor employee. All contractor vehicles, including trailers, will be clearly identified with the contractor’s name.

8. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

Not applicable

9. Other Pertinent Information or Special Considerations.

a. Identification of Possible Follow-on Work.

Not applicable

b. Identification of Potential Conflicts of Interest (COI).

Not applicable

c. Identification of Non-Disclosure Requirements.

Not applicable

d. Packaging, Packing and Shipping Instructions.

Not applicable

e. Inspection and Acceptance Criteria.

The COR is responsible for ensuring that work done under this contract is performed to time and standard.

The Contractor and COR will work together to resolve deficiencies. Work not completed or not acceptable under general industry standards cannot be certified for payment.

Suggested cost estimation:

The Boise VAMC is not responsible for contractor estimations. Based on historical data provided by this web site, http://www.currentresults.com/Weather/Idaho/Places/boise-snowfall-totals-snow-accumulation-averages.php, the Boise VAMC would estimate that there will be 20 events annually. This is just an estimate, the actual snowfall events may be more or less.

The Contractor shall provide all labor, appropriate equipment, transportation, training, insurance, supervision, material and tools necessary to perform on call snow and ice removal from roadways, parking lots, sidewalks, stairwells and building entrances throughout the Boise VAMC. The above list and pricing is for example purposes only.

All contractors will use the following scenario as their single snowfall event. All contractors must show detailed information on how they calculated total cost for the event. The information you provide will be your base year contract pricing. Please provide pricing for each additional contract extension year based on this same scenario. The Boise VAMC will submit additional questions to contractors if the information is unclear or additional information is needed.

Scenario:

The Boise VAMC experiences a snowfall event of 2.5 inches of snow falling over a 10 hour period. The snow begins to fall at 10pm in the evening. It is 22 degrees Fahrenheit throughout the event. You receive a call from the Boise VAMC at 11pm to remove the snow and ice. We cannot specify particular equipment that the contractor should use, but we can specify how the equipment they use should function. The equipment used must meet functional specifications listed in this SOW. The contractor also must be able to provide evidence as to why they used a particular piece of equipment or amount of material used for each invoice submitted. This evidence must be reasonable in nature.

10. Risk Control

The Contractor’s shall comply with all applicable Federal, State, and local laws and regulations to include responsibility to conform by current Occupational, Safety, Health Administration (OSHA) & Environmental Protection Agency (EPA) regulations while working on this facility.

Without additional expense to the Government, all Contractors’ shall obtain all licenses, and permits required to perform work under this contract.

Contractor is responsible for all reports required or requested by Federal, State and Local ordinances that pertain to any duties contained in the contract.

All Contractor employees must wear a reflective vest or suitable substitute.

All equipment operators shall yield to all pedestrians and traffic. All carts, ATV’s and low speed vehicles must have Slow Vehicle Signs/symbols prominently displayed on them.

Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any contractor’s representative, or others, as well as for any damage to any personal or public property that occurs during the performance of this contract that is caused by the Contractor’s fault or negligence.

All damage done by the Contractor shall become the Contractor’s responsibility.

11. Place of Performance

All work under this contract is to be performed at the Boise VA Medical Center, 500 W Fort St, Boise ID 83702-4599

12. Period of Performance

The contract period will begin on November 1, 2021 and end on October 30, 2022 The contract may be extended for up to 4 option years beginning each year on 1 November and ending 30 October.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The Contractor shall provide all labor, appropriate equipment, transportation, training, insurance, supervision, material and tools necessary to perform on call snow and ice removal from roadways, parking lots, sidewalks, stairwells and building entrances throughout the Boise VAMC as per SOW.

Contract Period: Base POP Begin: 11-01-2021 POP End: 10-31-2022 Each event is unique. Annual cost will vary each year of the contract. The VA will have funding in place to cover all costs. However, for bidding purposes, please use the single event described below.

0001A

Snowplow truck

POP Begin: 11-01-2021

0001B

Skid Steer

0001C

Truck for transporting snow

0001D

Trailer for transporting snow

0001E

Snowplow/liquid deice applicator truck

0001F

Snowplow, ATV

0001G

Granular applicator

0001H

Liquid deice truck

0001I

Shovel

0001J

Magnesium Chloride Liquid deicer

0001K

Granular Ice Melt of Calcium Magnesium Acetate

0001L

Sand

The Contractor shall provide all labor, appropriate equipment, transportation, training, insurance, supervision, material and tools necessary to perform on call snow and ice removal from roadways, parking lots, sidewalks, stairwells and building entrances throughout the Boise VAMC as per SOW.

Contract Period: Option 1 POP Begin: 11-01-2022 POP End: 10-31-2023 Each event is unique. Annual cost will vary each year of the contract. The VA will have funding in place to cover all costs. However, for bidding purposes, please use the single event described below.

1001A

Snowplow truck

POP Begin: 11-01-2022

1001B

Skid Steer

1001C

Truck for transporting snow

1001D

Trailer for transporting snow

1001E

Snowplow/liquid deice applicator truck

1001F

Snowplow, ATV

1001G

Granular applicator

1001H

Liquid deice truck

1001I

Shovel

1001J

Magnesium Chloride Liquid deicer

1001K

Granular Ice Melt of Calcium Magnesium Acetate

1001L

Sand

POP End: 10-31-2024

The Contractor shall provide all labor, appropriate equipment, transportation, training, insurance, supervision, material and tools necessary to perform on call snow and ice removal from roadways, parking lots, sidewalks, stairwells and building entrances throughout Boise VAMC as per SOW.

Contract Period: Option 2 POP Begin: 11-01-2023

Each event is unique. Annual cost will vary each year of the contract. The VA will have funding in place to cover all costs. However, for bidding purposes, please use the single event described below.

2001A

Snowplow truck

POP Begin: 11-01-2023

2001B

Skid Steer

2001C

Truck for transporting snow

2001D

Trailer for transporting snow

2001E

Snowplow/liquid deice applicator truck

2001F

Snowplow, ATV

2001G

Granular applicator

2001H

Liquid deice truck

2001I

Shovel

2001J

Magnesium Chloride Liquid deicer

2001K

Granular Ice Melt of Calcium Magnesium Acetate

2001L

Sand

The Contractor shall provide all labor, appropriate equipment, transportation, training, insurance, supervision, material and tools necessary to perform on call snow and ice removal from roadways, parking lots, sidewalks, stairwells and building entrances throughout Boise VAMC as per SOW.

Contract Period: Option 3 POP Begin: 11-01-2024 POP End: 10-31-2025 Each event is unique. Annual cost will vary each year of the contract. The VA will have funding in place to cover all costs. However, for bidding purposes, please use the single event described below.

3001A

Snowplow truck

POP Begin: 11-01-2024

3001B

Skid Steer

3001C

Truck for transporting snow

POP End: 11-31-2025

3001D

Trailer for transporting snow

3001E

Snowplow/liquid deice applicator truck

3001F

Snowplow, ATV

3001G

Granular applicator

3001H

Liquid deice truck

3001I

Shovel

3001J

Magnesium Chloride Liquid deicer

3001K

Granular Ice Melt of Calcium Magnesium Acetate

3001L

Sand

The Contractor shall provide all labor, appropriate equipment, transportation, training, insurance, supervision, material and tools necessary to perform on call snow and ice removal from roadways, parking lots, sidewalks, stairwells and building entrances throughout the Boise VAMC as per SOW.

Contract Period: Option 4 POP Begin: 11-01-2025 POP End: 10-31-2026 Each event is unique. Annual cost will vary each year of the contract. The VA will have funding in place to cover all costs. However, for bidding purposes, please use the single event described below.

4001A

Snowplow truck

POP Begin: 11-01-2025

4001B

Skid Steer

4001C

Truck for transporting snow

4001D

Trailer for transporting snow

4001E

Snowplow/liquid deice applicator truck

4001F

Snowplow, ATV

4001G

Granular applicator

4001H

Liquid deice truck

4001I

Shovel

4001J

Magnesium Chloride Liquid deicer

4001K

Granular Ice Melt of Calcium Magnesium Acetate

4001L

Sand

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 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

(a) Definitions. As used in this clause— "Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is—

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that—

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by—

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee—

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation—

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include—

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for—

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall—

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—

(1) That exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of Clause) C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.5 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 of contract expiration; 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.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) (JUN 2020) (DEVIATION)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that, in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a non-manufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3), and (6) of this clause— [Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of Clause) C.7 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.

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

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

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

[] 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.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled 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.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference,…