36C26118Q0278-001.pdf

36C26118Q0278

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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-9(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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Fire Protection and Emergency Response Contract Period: Base POP Begin: 05-01-2018 POP End: 04-30-2019

12.00 MO __________________ __________________

1001 Fire Protection and Emergency Response Contract Period: Option 1 POP Begin: 05-01-2019 POP End: 04-30-2020

2001 Fire Protection and Emergency Response Contract Period: Option 2 POP Begin: 05-01-2020 POP End: 04-30-2021

3001 Fire Protection and Emergency Response Contract Period: Option 3 POP Begin: 05-01-2021 POP End: 04-30-2022

4001 Fire Protection and Emergency Response Contract Period: Option 4 POP Begin: 05-01-2022 POP End: 04-30-2023

GRAND TOTAL

Performance Work Statement Fire Protection Services for the Livermore Medical Center

VA Palo Alto Health Care System

1.0 General Scope of Work:

1.1 This Performance Work Statement (PWS) requires the successful offeror to operate one or more Contractor-Owned Contractor-Operated (COCO) Fire Stations, which provide the services of fire suppression to the Livermore Division of VA Palo Alto Health Care System (VAPAHCS). The Contractor shall be required to respond to all emergency calls and fire alarms. The service shall be provided 24 hours per day, 7 days per week, 365 days per year. The Livermore Veterans Affairs Medical Center (VAMC) is located at 4951 Arroyo Road, Livermore, CA 94550.

1.2 The Livermore Division is a 117-acre facility located outside the city limits of Livermore, California, with 27 buildings of which there are 120 nursing home care beds and 45 sub-acute care beds.

2.0 Scope of Work:

2.1. The Contractor shall provide all personnel, equipment and facilities necessary for successful performance of this contract. The Government will not provide any facilities or equipment. The existing fire station at this (VA) facility will not be used during available contract performance. Contractor's facilities shall be located off the VA premises.

2.2 The Contractor shall be required to provide pre-fire planning, fire suppression, emergency medical aid, emergency rescue (including but not limited to confined space rescue and elevator rescue), and hazardous material response.

2.3 Response time to the entrance of the Livermore Division campus shall be in eight (8) minutes or less with a minimum staff of four (4) fire fighters. The eight-minute (8) response time shall be from the moment of the of alarm notification from the monitoring center. The fire fighters are permitted to respond on more than one vehicle.

2.4 The publications listed in Paragraph 16 (Applicable Regulations, Manuals, Specifications) are incorporated by reference into this contract and are supplemental to this specification. The Contractor shall maintain on file the current and latest edition of each applicable publication.

2.5 Changes regarding increase or decrease of buildings will be coordinated with the Contractor by the Contracting Officer prior to the initiation of such changes in order to assure adequate contractual coverage.

2.6 The Contractor shall provide and may receive services under formal mutual aid agreements at no cost to the government. The Contractor shall provide a copy of current mutual aid agreements to the COR prior to performance of contract. Refer to section 13.

3.0 Contractor Supervision:

3.1 The Contractor shall obey all Government regulations as posted on the Livermore Division facility.

3.2 The Contractor shall provide competent supervision at all times. The Contractor shall designate in writing a Contract Manager (Fire Chief or other designee) who shall be responsible for the overall management and coordination of the Contractor's work force and who shall act as the central point of contact with the Government. This document shall be submitted to the Contracting Officer within 10 days after award of contract.

3.3 Contractor shall ensure that all Fire Department operations are conducted in a safe manner and that all fire fighters are knowledgeable in fire fighter occupational safety and health practices. Contractor shall comply with all provisions of National Fire Protection Association (NFPA) 1500, Standard on Fire Department Occupational Safety and Health Program.

3.4 The Fire Chief (Contract Manager) or designated alternate shall have full authority to act for the Contractor on all contractual matters relating to daily operation of this contract.

4.0 Personnel Qualifications and Requirements:

4.1 The Contractor shall ensure that proper staffing levels are maintained at all times, as stated in the Scope of Work.

4.2 The Contractor’s fire fighters shall meet the following mandatory minimum experience and training requirements.

4.2.1 The fire fighters shall possess current State of California Firefighter I status or equivalent, or shall meet the requirements of NFPA 1001, Standard for Fire Fighter Professional Qualifications.

4.2.2 The fire fighters shall meet all State and County requirements for Emergency Medical Technician - Basic for medical emergencies.

4.2.3 Engineers (Driver/Operators) shall be licensed to drive motorized firefighting equipment, and operate specialized firefighting pumping equipment and mounted pressurized systems and dispensing devices. Engineers shall meet the requirements of NFPA 1002, Standard for Fire Apparatus Driver/Operator Professional Qualifications, as well as NFPA 1001.

4.2.4 The Captains shall be required to supervise the operations of an Engine Company and meet the requirements of a Company Officer as stated in NFPA 1021, Standard for Fire Officer Professional Qualifications.

4.3 The Contractor shall submit in writing to the Contracting Officer certification that all employees meet the mandatory minimum requirements.

4.4 Each employee of the Contractor shall be identified by a distinctive name plate, emblem, or patch attached in a prominent place to an outer garment.

4.5 The Contractor shall develop and implement a comprehensive training program and a refresher training schedule to cover all aspects of fire protection as required under normal NFPA standards. Each

Fire Department member shall receive weekly, monthly or other training programs assigned to help the member to maintain speed and efficiency. The Contractor shall maintain records of training and have available for review upon request by the COR.

4.6 Personnel rosters: The Contractor shall furnish a list of all employees who might respond to the Livermore Division campus to the COR prior to the start of contract performance. The list shall include the full name and work assignment of each employee. The Contractor shall notify the respective COR of all additions, deletions, or changes at least five (5) days in advance of such changes whenever practicable, or as soon thereafter as is reasonably practicable.

4.7 The Contractor shall remove from the job site any employee for reasons of misconduct or security or as directed by the COR or CO. The removal of such a person shall not relieve the Contractor of the requirement to provide personnel to perform adequate and timely service.

4.8 Contractor Employee Compliance. The Contractor shall ensure that Contractor’s employees entering the VA facility observe and comply with all VA policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, and "off limits" areas.

5.0 Quality Control Plan (QCP):

5.1 The Contractor shall establish a complete quality control program to ensure that all requirements are provided for, as specified in all sections of this contract. One copy of the Contractors QCP shall be provided to the COR for review prior to contract performance. The Contractor’s QCP shall include but not be limited to the following:

5.1.1 A statement describing how the Contractor will meet the basic requirements of this contract (i.e.

staffing levels, time to respond to an incident, equipment requirements) shall be provided to COR 15 days after effective date of Contract award and whenever there are major turnover of personnel. A major turn-over would be determined by the COR.

5.1.2 A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable.

5.1.3 A method of recording or logging the daily activities of the contractor, which would demonstrate the Contractor's ability to maintain the minimum requirements of this contract.

5.1.4 The Government will monitor the contractor's performance using the Contractor’s QCP and the Government’s Quality Assurance Surveillance Plan (QASP) as established by the COR.

6.0 Reports:

6.1 The Contractor shall submit reports as required by the Scope of Work and all applicable provisions and clauses as follows:

6.2 Designation of Contract Manager shall be submitted to the COR within 10 days after award of contract.

6.3 Certification of the Contractor to meet mandatory requirements shall be provided to the COR before performing services.

6.4 Written schedule of training program shall be provided upon request by the COR.

6.5 The Quality Control Program shall be provided 15 days after Contract effective date.

6.6 Incident reports are due to the COR 48 hours after every incident at Livermore Division. The incident report shall be submitted in writing to the COR.

6.7. Personnel rosters shall be provided to COR on the effective start date and whenever there are updates.

7.0 Security Requirements:

7.1 The Contractor shall comply with all VA Police requirements.

7.2 The Contractor shall establish and implement methods of ensuring that keys issued to the Contractor by the Government are not lost or used by unauthorized persons. Keys issued to the Contractor by the Government shall not be duplicated. The Contractor shall also establish and implement methods to ensure that lock combinations are not revealed to unauthorized persons. These control methods shall be included in the Contractor’s Quality Control Plan.

7.3 The Contractor shall immediately report lost or duplicated keys to the COR or designated representative.

7.4 In the event that keys are lost, the Government, at its option, will replace the affected locks or perform rekeying. In this case, the total cost of rekeying or replacement shall be deducted from the monthly payment due to the Contractor. In the event that a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and total cost shall be deducted from the monthly payment due to the Contractor.

NOTE: Administrative buildings are locked at approximately 6:00 pm Pacific Standard Time (PST). All non-essential doorways in Building 62, Main Hospital, 12:30 a.m., Bldg 64, 8:00 p.m., and Building 90, Nursing Home Care Unit, is locked at 9 p.m.

8.0 Government Furnished Property: None.

9.0 Contractor Furnished Property items:

9.1 Materials: The Contractor shall furnish all materials necessary to perform the tasks specified in this contract.

9.2 Equipment and Tools: The Contractor shall furnish all equipment and tools necessary to properly perform the work. The Contractor's equipment shall be in good condition and comply with safety standards. All equipment shall be cleaned and sanitized as required for the specific task for which it is intended.

9.3 Vehicles: The Contractor shall provide all necessary vehicles required to fulfill the requirements of this contract.

9.3.1 Vehicles shall be available for inspection by the COR or designee upon request.

9.3.2 Vehicles shall be specifically designed for the task for which they are supplied, i.e., transporting fire-fighting equipment and supplies, personnel, etc.

9.3.3 Vehicles shall be in operable condition and meet all applicable Local, State and Federal safety requirements.

9.3.4 Vehicles shall be painted so as to present a neat appearance with the Contractor’s name affixed on both sides of the vehicle.

9.3.5 Vehicles shall be equipped with radio dispatch equipment.

10.0 General Tasks:

10.1 The Contractor shall use all available resources to safeguard human life and property, control and suppress all fires at the Livermore Division and, as necessary, lend assistance within the mutual aid area.

Refer to section 13.0 for Mutual Aid.

10.2 Eight Minute Response Time: The Contractor shall respond to the entrance of the Livermore Division campus in eight (8) minutes or less with a minimum staff of four (4) fire fighters. The eight minute (8) response time shall be from the moment of the of alarm notification from the monitoring center. The fire fighters are permitted to respond on more than one vehicle.

10.3 The Contractor shall provide and maintain a pumping apparatus, which meets the criteria of NFPA 1901, Standard for Pumper Fire Apparatus. The Pumper shall have a minimum pump capacity of 1,000 gallons per minute. Additionally, a second Pumper shall be provided and maintained as a reserve, which meets the same criteria as above. Both Pumpers shall be available at the Contractor fire station(s) in order to ensure one is capable of responding to an emergency incident (since periodic maintenance may place an apparatus out of service).

10.4 Pre-Fire Plan. The Contractor shall maintain an updated pre-fire plan of the entire Livermore Division facility, following the procedures contained in International Fire Service Training Manual (IFSTA) “Fire Department Company Officer" or NFPA 1620, Standard for Pre-Incident Planning. The Contractor shall provide a copy of the plan to the COR for review prior to contract performance.

10.4.1 The Contractor shall conduct an initial and periodic company inspection(s) to establish and update the Pre-Fire Plan as needed. A copy of inspections shall be provided to the COR for review.

10.4.2 The Pre-Fire Plan shall be located on the responding apparatus for quick reference during an emergency call at Livermore Division campus. The pre-fire plan shall include, but is not limited to the following information:

10.4.2.1 A site plan identifying the names and locations of buildings, roads, fire hydrant locations, water mains, water supply tanks and reservoir and property boundaries at the Livermore Division campus.

10.4.2.2 The Contractor shall ensure adequate flow/pressure of fire hydrants by conducting hydrant flow tests in accordance with current NFPA standards. Reports shall be submitted to COR on a yearly basis.

10.4.2.3 An individual plan for each building showing occupancy type, floor plan of each level or floor, locations of utility shutdown, fire protection, system controls (i.e. alarm enunciators, fire sprinkler systems, fire department connections, standpipe riser connections), locations of any hazardous material storage, and any potential for life hazard. The Livermore Division, Engineering staff, shall assist the contractor in locating the above systems control locations.

10.5 Phone Numbers and Radio Frequencies: The COR or designate will provide a listing of telephone numbers and radio frequencies of persons or departments that may be required for assistance to the Contractor. The list shall include VA Police Service, Engineering Service and Boiler Plant Operator at the Livermore Division.

11.0 Minimum Staffing.

11.1 The minimum on duty staffing of the Fire Stations responsible for initial response to the Livermore Division shall be four (4) trained, professional fire fighters at all times. This level of staffing shall be maintained 24 hours per day, 7 days a week, 365 days a year, despite vacations, sickness, etc. Fire fighters are not located at the same fire station that at least four (4) be within 3.5 miles of the entrance of the facility at all times (24/7/365).

11.2 The minimum of four (4) fire fighters shall be maintained to respond to Livermore Division regardless of other emergency calls that may require the use of this fire station staffing, or any portion thereof (i.e. an ambulance or rescue call that could draw the staffing level below the minimum number of fire fighters). In the case of another emergency call, the minimum staffing could be maintained by the use of mutual aid agreements with other agencies or move up and cover in of other contractor resources (i.e.

bringing in an engine company or additional fire fighters from other fire stations).

12.0 CRITERIA AND REQUIREMENTS FOR NON-VA FIRE DEPARMENTS.

12.1 To be considered adequate for the protection of a VA medical facility in which patients are housed overnight, a non-VA fire department must:

(1) Provide a fire station within 3.5 miles travel distance of an entrance to the VA medical facility.

(2) Respond with at least one pumper fire apparatus with a minimum capacity of 1,000 gpm that is equipped with hoses and other accessories complying with NFPA 1901.

(3) Respond to the VA medical facility with a minimum of four trained, full time professional firefighters on duty.

NOTE: The firefighters are permitted to arrive on more than one vehicle; however, the first four responding firefighters must be located within the 3.5 mile travel distance as stated in paragraph 12.1.(1).

(4) Have adequate staff and equipment to respond to a second alarm.

13.0 Fire Suppression Tasks:

13.1 The Government reserves the following rights: To hold the Contractor liable for property losses sustained as the direct consequence of a failure to furnish the required level of fire protection. The

Contractor shall provide the same level of effort as it would any other building or person in their jurisdiction.

13.2 The Contractor shall maintain a fire watch on all structural fires and wild land fires following suppression until there is no possibility that a rekindle may occur.

13.3 The Contractor shall overhaul and perform salvage operations during and following a fire in accordance with accepted practices as described in the appropriate International Fire Service Training Association (IFSTA) Manuals.

13.4 The Contractor shall not permit unauthorized entry by persons into a fire-damaged building until the security of the building is turned over to the appropriate authority.

14.0 Mutual Aid:

14.1 (Definition) – Mutual aid is an agreement among emergency responders to lend assistance across jurisdictional boundaries. This may occur due to an emergency response that exceeds local resources, such as a disaster or a multiple-alarm fire. It is generally a formal standing agreement for cooperative emergency management on a continuing basis, such as ensuring that resources are dispatched from the nearest fire station, regardless of which side of the jurisdictional boundary the incident is on. Mutual aid may also extend beyond local response. In the case of multiple alarm fires, mass casualty incidents, HazMat incidents, the municipality may call in resources from surrounding towns to either respond directly to the incident scene or take up quarters in their fire and Emergency Management Services (EMS) stations and respond to other incidents in that city or town when local crews are handling a protracted incident. Where a town has no resources of its own, it will contract with a surrounding town or towns to provide coverage.

14.2 The Contractor shall request mutual aid from fire departments covered under mutual aid agreements or contracts when any fire or emergency is beyond the control of the Contractor operated Fire Department.

14.3 The Contractor shall honor all existing mutual aid agreement(s). The Contractor shall submit proof to the COR that such agencies will provide backup support to the Contractor operated department, to include but not be limited to engine and/or truck (aerial ladder or elevating platform) response within their capability. The Contractor shall maintain records of all agreements and provide a copy of any new mutual aid agreements to the COR.

15.0 Emergency Medical Service and Rescue:

15.1 The Contractor shall have the equipment and training necessary to respond to requests for emergency medical aid and rescue at the Livermore Division. This service shall meet the requirements of the local Emergency Medical Services Agency (Alameda County EMS).

15.2 The Contractor’s personnel shall be equipped and trained to at least the EMT-B (Emergency Medical Technician Basic) level. This service would be required for, but not limited to the following types of incidents: Trauma victims in case of vehicle accidents, falls, violent crime, fire, hazardous material exposure, and building collapse, or assistance for persons with medical emergencies that need advanced life support.

16.0 Hazardous Material Response:

16.1 The Contractor shall respond to emergency hazardous material spills when requested by Livermore Division.

16.2 The Contractor shall abide by the provisions of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and other Federal, State, and local laws regarding emergency responders at hazardous material incidents.

16.3 The Contractor shall have an emergency response plan to handle anticipated hazardous material emergencies as outlined in Title III of SARA.

16.4 The Contractor shall be trained to at least the First Responder Operational Level as defined in Federal OSHA 1910.120 and NFPA 472, Standard for Professional Competence of responders to Hazardous Materials Incidents.

16.0 Applicable Regulations, Manuals and Specifications. The following apply, as specified, to the requirements of the contract:

16.1 Federal Occupational Safety and Health Administration (OSHA)

16.2 National Fire Codes (NFPA)

16.3 International Fire Service Training Association (IFSTA) Manuals

17.0 Payments and Invoicing

17.1 The Contractor shall submit invoices on a monthly basis in the arrears. All invoices shall include Contract number, Purchase Order number, Order Date, Period of Performance, and Description of Services.

17.2 The above information shall be listed on the invoices, provided Veterans Health Administration has identified the appropriate numbers on its Purchase Order and indicated on the Purchase Order that the above references need to be referenced on the invoice. The Contractor shall submit invoices to VA on a monthly basis for work performed and expenses incurred the previous month not to exceed the negotiated price.

18.0 Reserved

19.0 Definitions: Terms as used throughout this Scope of Work shall have the following meanings.

19.1 Contracting Officer (CO): The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

19.2 Contracting Officer's Representative (COR): The person appointed/delegated by the Contracting Officer to act for the CO within the limits of the delegated authority letter.

19.3 Contractor: The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The Contractor shall be responsible for ensuring that the subcontractors comply with the provisions of this contract.

19.4 Contractor-Owned, Contractor-Operated (COCO): A method of contracting for services in which the Contractor supplies all equipment, material, and facilities which he needs to operate under the terms of the contract.

19.5 Emergency Response: Response by Contractor personnel within eight minutes of notification to deal with an emergency situation arising at the medical facility.

19.6 Fire Chief: The person designated in writing by the Contractor to be responsible for the overall management and coordination of the contract. The Fire Chief serves as the central point of contact with the Government on matters dealing with the complete supervision of all Fire Department activities, including fire prevention, personnel training, education, structural firefighting operations, and rescue.

19.7 Hazardous Working Conditions: Situations which present real or potential hazards to the physical well-being of Contractor personnel due to such factors as, but not limited to, fire suppression activities, hazardous material response, exposure to infectious diseases, patients, falling objects, and extreme weather conditions.

19.8 NFPA: National Fire Protection Association

19.9 OSHA: Occupational Safety and Health Administration

19.10 Quality Assurance (QA): Those actions taken by the Government to check equipment or services to determine that they meet the requirements of the Scope of Work.

19.11 Quality Assurance Surveillance Plan (QASP): A systematic method used by the Government to evaluate Contractor actions and performance based on Statement of Work requirements. The QASP is designed to provide an effective method of monitoring contractor performance for each listed objective on the Statement of Work. A QASP is based on the premise the Government desires to maintain a quality standard in providing fire protection service.

19.11 Quality Control (QC): Those actions taken by a Contractor to control the suitability of equipment or services so that they will meet the requirements of the Scope of Work.

20.0 Environmental and Energy Conservation Objectives: All applicable environmental and energy Conservation objectives required for and associated with VA construction projects in general shall be incorporated into the solicitation and any resultant contract. (See FAR Parts 2, 7, 11, 23, 36, 42, and 52;

VHA Directive 2005-011, VHA Green Environmental Management System (GEMS) and Governing Environmental Policy Statement, 7 Mar 05; VA Handbook 0052, Affirmative Procurement, recycling, and Waste/Pollution Prevention programs, 14 Jun 02; and IL 049-02-7, 16 Apr 02, Executive Order 13221, Energy Efficient Standby Power Devices.

21.0 Security Considerations. The requirements do not apply and a Security Accreditation Package is not required.

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

FAR

Number

Title Date

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

OCT 2015

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

JAN 2017

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

852.203-70 COMMERCIAL ADVERTISING JAN 2008

852.203-71 DISPLAY OF DEPARTMENT OF VETERANS AFFAIRS

HOTLINE POSTER

DEC 1992

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

JUL 2016

852.215-71 EVALUATION FACTOR COMMITMENTS DEC 2009

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

NOV 2012

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

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

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

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

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

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (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).

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

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

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) 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) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

13627).

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

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

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

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

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

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

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

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

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

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

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

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

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

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

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

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

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

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

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

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

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

[] (48) 52.225–5, Trade Agreements (OCT 2016) (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 (Jul 2013) (31 U.S.C. 3332).

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

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

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

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

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

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

(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 (MAY 2014) (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 Monetary Wage-Fringe Benefits

Firefighter GS-6 $21.53 to $27.99

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (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).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(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) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

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

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

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

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

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

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

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

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

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

13627).

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

(xiii) 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).

(xiv) 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).

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

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

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

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

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

(xix) 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).

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

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of Clause)

C.3 52.217-8 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 expiration.

(End of Clause)

C.4 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 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 years.

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 California. 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)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

See attached document: Attach 1 Wages.

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2016

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS JUL 2013

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS

NOV 2017

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES

ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN—REPRESENTATION AND

CERTIFICATIONS

OCT 2015

852.233-71 ALTERNATE PROTEST PROCEDURE (MAY 2010) NOTE MAY 2010

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION

JAN 2008

852.233-71 ALTERNATE PROTEST PROCEDURE JAN 1998

852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS JAN 2008

852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO

BENEFICIARIES

JAN 2008

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

SUBMISSION INSTRUCTIONS

(a) General Instructions

(1) Electronic Submissions: Contractors must email their quote to Michael Hodahkwen at michael.hodahkwen@va.gov. Include the solicitation number in the Subject line. Any attachments must be readable using Microsoft Office or Adobe PDF. The size of the email is limited to 5 megabytes (MB) but multiple emails are allowable. Quotes must be submitted electronically and will not be accepted through fax or postal mail.

(2) All questions regarding this solicitation should be emailed to michael.hodahkwen@va.gov no later than three business days prior to the quote due date.

(b) Selection Process

(1) Evaluations will be conducted under the procedures of FAR Part 13.

(2) In accordance with FAR 13.106-2(b)(3), the quotes will undergo a comparative evaluation to determine which vendor provides the best value to the government in terms of high technical…