36C26118Q0301-002.docx

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

570-18-2-602-0056

36C26118Q0301 03-01-2018

RICO JOHNSON

916-923-4513 03-09-2018

12:00 PM PST

612MCP

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

X

624230 $32.5 Million

X

N/A

VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209

McClellan CA 95652

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

The contractor shall provide AIR AMBULANCE SERVICE Service for the VA FRESNO Health Care System

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:

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-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:

SECTION B – SUPPLIES OR SERVICES AND PRICES

CONTINUATION OF SF 1449

VA Fresno Health Care System

The contractor will provide a price per statute mile which is inclusive of the services of qualified pilots and medical personnel as dictated by standard industry practices, Federal Aviation Administration, and Emergency Medical Services Regulatory Board to provide medical/nursing care that is required. The price per statute mile submitted by the contractor will be all inclusive. Some estimated historical annual usage data to help the contractor determine proposal pricing, staffing, and equipment required is as follows. Annual estimate is approximately 518 statute miles (SM) or 450 nautical miles (NM). Cardiac monitoring services are estimated at 1 incident per year, IV solutions are estimated at 1 incident per year, Oxygen uses are estimated at 1 incident per year. See Descriptions/Specifications/Work Statement for additional details

Base Year : April 1, 2018 through March 31, 2019

QTY

Total Cost

Option Year One: April 1, 2019 through March 31, 2020

QTY

Total Cost

Option Year Two: April 1, 2020 through March 31, 2021

QTY

Total Cost

Option Year Three: April 1, 2021 through March 31, 2022

QTY

Total Cost

Option Year Four: April 1, 2022 through March 31, 2023

QTY

Total Cost

STATEMENT OF WORK

1. PURPOSE: Medical Air Transport Services The purpose of this contract is to provide medical air transport services for eligible beneficiaries for The Department of Veterans Affairs Central California Health Care System, located in Fresno, CA (herein after known as the VACCHCS).

2. BACKGROUND:

Contractor to provide an appropriate aircraft medical transport vehicle to transport personnel and patient care equipment and supplies in accordance with the specifications, terms, conditions and provisions of this agreement which meets or exceeds the standards set forth in the applicable sections of the CAMTS, Current Edition. All work related to this contract will be performed by the Contractor in accordance with any applicable Federal Aviation Administration (FAA), U.S. Department of Transportation, or Occupational Safety Health Administration (OSHA) regulations, as well as applicable State health and safety regulations, health care accreditation standards (Joint Commission or equivalent accreditation organization), and standard industry practices as defined by the Association of Air Medical Services for air ambulance transportation. Pricing should include all legs of transportation including ground ambulance to and from respective airports. The demand for air ambulance services is estimated to be 2-8 flights per year.

3. SCOPE OF WORK:

Transportation originates from VACCHCS to final destinations to a medical facility outside the local area. Most beneficiaries will be transported within Central and Northern California. This includes Fresno, San Francisco, , Mather, Sacramento, Palo Alto, and Vacaville. However, this does not preclude the transport of beneficiaries from and to other locations outside this area when required.

It is further understood that only a physician or registered nurse with critical care training and current advanced cardiac life support will be designated as the medical flight attendant in accordance to the standards of CAMTS for any critical care transport. Critical care air transports require an additional team member, for a minimum of two medical attendants, (for example but not limited to RN/RN, RN/PA, RN/MD.RN/EMT-P). All personnel shall be available for each transport within an agreed upon response time between the Contractor and the Department of Veteran Affairs Care facilities.

All patients who do not require monitoring or medication titration and have not been deemed a Critical Care Transport, as outlined above, will be considered a NON-CRITICAL AIR TRANSPORT. The Medical Flight Attendant on a non-critical air transport may be an EMT/paramedic.

4. PERIOD OF PERFORMANCE

The base period of performance for this contract shall begin at date of award and expire after one (1) year and includes four (4) option years that may be exercised at the discretion of the Government.

5.

5. GENERAL REQUIREMENTS

a. RESPONSE TIME:

i. For Prescheduled pickups, the Contractor will be required to furnish a ground ambulance within 15 minutes of the prearranged time.

ii. For unscheduled pickups, the Contractor agrees to have patient transported to the departing airport, prepared, and airborne with 4 (four) hours after receipt of telephone order or as agreed between the contractor and the authorized VACCHCS Northport requestor. If the Contractor identifies they cannot furnish the services within the time specified, the Government reserves the right to obtain the necessary services from another source and charge the contractor for any excess costs which may result. The Government will be the sole judge in determining when to order services from a different source.

iii. In the event of a NO-SHOW by the Contractor, the Government reserves the right to obtain the necessary services from another source and charge the Contractor for any excess costs which may result.

b. All aircraft shall be operated within Federal Aviation Administration (FAA) (www.faa.gov) rules and regulations governing air taxi operations. All Contractor personnel and passengers shall abide by applicable FAA rules and regulations.

c. LAYOVERS: The VACCHCS will authorize payment for only those layovers necessitated by the patient, the government, or Federal Air Regulations pilot duty requirements.

d. At the discretion of the pilot, passengers, such as family members, may accompany the patient when deemed in the best interest of the patient by an authorized VA official. All applicable FAA regulations must still be met. There shall be no extra cost to the VA.

e. All Contractor facilities, including ramps, ramp areas, buildings, passenger areas, etc., shall be maintained in a clean and orderly condition, free from debris and any accumulation which may constitute an accident or fire hazard. Fences and warning signs shall be provided for public protection against hazards.

f. NUMBER AND TYPE OF PATIENTS: It is understood that only ONE patient will be transported on a trip unless specifically authorized by the VACCHCS. When more than one patient is transported on a trip, reimbursement will be made at the rate not exceeding the cost of transporting a single patient; however, the longest distance over which a patient is transported may be claimed when more than one patient is transported in a single airplane concurrently. Under no circumstances will the VA order Air Ambulance Service for more than two patients for any one flight. The Contractor shall not refuse to accept patients; for example heart cases, the mentally disturbed, the critically ill or those with communicable disease. Contractor will not be expected to accept any patient unless a physician authorizes the flight and informs the Contractor regarding any special treatment or care required enroute such as administration of oxygen or medication.

g. AIRCRAFT MAINTENANCE:

i. All aircraft used in the performance of this agreement must be maintained in an airworthy condition in accordance with all applicable FAA Regulations and CAMTS procedures by means of an established inspection and maintenance plan. Line inspections shall be performed at least once in the twenty-four (24) hour period preceding a flight. Aircraft shall be handled exclusively by trained personnel.

ii. Contractor shall own and operate adequate maintenance facilities or shall have a contract or agreement with an acceptable shop to perform aircraft maintenance. Said contract/agreement to provide required maintenance shall be performed as and when required by the air taxi operator.

h. SMOKING REGULATIONS AND PRECAUTIONS: In accordance with VA smoking policy and FAA regulations, no smoking will be allowed in the aircraft. Contractor shall comply with Federal Aviation Regulation 135.91b which prohibits smoking within 10 feet of oxygen storage and dispensing equipment carried on aircraft. Smoking should never be allowed within 50 feet of a parked air ambulance aircraft.

i. LIFEGUARD FLIGHT PLANS: Operators engaging in air ambulance operations should use the word "Lifeguard" in the remarks section of their flight plan (see Airman's Information Manual). The term "Lifeguard" should only be used when expeditious handling is required. An Air Traffic Controller can help a pilot avoid significant weather and turbulence, and can pass information to ground personnel to help expedite the handling of patients. These additional services will be provided when the controller's workload permits.

j. DEVIATIONS FROM FAA REGULATIONS: Deviations from Federal Aviation Administration Regulations shall be reported in accordance with Federal Aviation Administration Regulations Part 91.3 and 135.19. Deviation decisions related to flight safety can only be made by the pilot who must consider the safety of all persons aboard as well as the needs of the patient.

k. Communications during a mission will be conducted according to the standards which meet or exceed CAMTS.

l. PATIENT MEDICAL RECORDS / TRIP REPORT: Each air ambulance operation should maintain for a period of five (5) years, a record (Trip Report) of each air ambulance operation, including but not limited to the following:

Patient's name Date of flight Diagnosis Originating and terminating points, and patient's condition upon departure and arrival

m. An in-flight medical attendant's report of the patient's status, which meets/exceeds standards of CAMTS will be provided with-in 24 hours of flight completion. Reports will be sent to both the sending and receiving VA facility. (These notes can be vitally important to those who must provide subsequent care.)

6. STANDARDS OF PRACTICE: Protocols and standing written guidelines which meets/exceeds standards of CAMTS will be provided to the VACCHCS initially and updates as changes occur as well as annually.

7. EQUIPMENT AND SERVICE:

a. All ambulance aircraft shall comply with the regulations of the FAA, Federal Aeronautics Regulations (Parts 135/121) and rules and regulations of the state in which Contractor conducts business.

b. All ambulance aircraft used in the performance of this agreement must be equipped with functioning two-way radios. Such aircraft must be equipped with all flight instruments required by the Federal Aviation Agency (FAA) regulations for the type of flight operations to be conducted. Such aircraft must also have the facilities to maintain proper cabin temperatures under all flight conditions.

c. It is agreed and understood that only the aircraft listed on record at the VA will be employed in the performance of the services covered by this agreement and that no additional aircraft will be added to the agreement without the written approval of the Contracting Officer.

8. ELECTRICAL: Aircraft must have an electrical inverter system for simultaneously required electrical supply for emergency medical equipment; the voltage of which is compatible to the medical equipment required.

9. HEATING SYSTEM: The heating system should have the capacity of maintaining the cabin temperature at about 75 degrees Fahrenheit during all phases of operation.

10. COMMUNICATIONS SYSTEM: The aircraft must have radio capability to communicate air to ground and air to air which meets/exceeds standards of CAMTS.

11. LIGHTING SYSTEM: Interior lighting should be adequate for patient observation and care under all circumstances. During night operations, a curtain should be used if necessary to protect the cockpit from lights in the patient compartment.

12. LOADING STRETCHERS AND LITTERS: Aircraft doors should be large enough to allow a stretcher or litter to be loaded without rotating it more than 30 degrees about the longitudinal (roll) axis or 45 degrees about the lateral (pitch) axis.

13. POSITIONING THE STRETCHER OR LITTER: The stretcher or litter should be positioned so as to allow the medical attendant a clear view of the access to any part of the patient's body that may require attention. The attendant should always have access to the patient's head and upper body. The upper surface of the litter should not be less than 30 inches from the ceiling of the aircraft or the under surface of another litter. 40 inches is required between the upper surface of the litter to the aircraft ceiling in order to conduct CPR. A conventional stretcher or litter will be at least 19 inches wide and 73 inches long. Between 12 and 18 inches of clear aisle at the head and on one side of the litter is desirable. When possible, litters should be installed laterally in the aircraft to better restrain against forces, which may be encountered in a crash.

14. BASIC MEDICAL EQUIPMENT REQUIRED FOR EACH FLIGHT:

a. Air ambulance equipment must meet the requirements which meet/exceed standards of CAMTS.

b. Medications/intravenous solutions, dressings, catheterization kits, etc., for specific patient problems will be provided by the respective VA medical center.

c. Maintenance of medical equipment and supplies shall meet/exceed standards of CAMTS.

d. The equipment required in each aircraft used in the performance of services under this agreement shall meet/exceed standards of CAMTS.

15. GROUND AMBULANCE:

a. The Contractor is responsible for making ground ambulance arrangements with the appropriate VA or local ground Ambulance Company if the VA does not have a ground ambulance contract or agreement for the area. If arrangement is made by the air ambulance Contractor, the ground ambulance subcontractor will invoice the air ambulance company who will invoice the VA. The air ambulance Contractor will not release the patient until ground transportation is available. In order to provide continuity of transportation, the air ambulance operator should coordinate aircraft departures and arrivals with required surface transportation to avoid any delays at the points of origin or destination. Generally, the air ambulance should be available for immediate boarding at origin, and ground transportation should be awaiting the flight at the destination. If a delay is unavoidable, the patient must be protected from inclement weather, including temperatures that could adversely affect his/her condition.

b. The Medical Flight Attendant will accompany the patient from the transferring facility of pick-up to the receiving facility. Upon transfer of the patient, the Medical Attendant will annotate the receiving facility's medical personnel name and include this on the in-flight Medical Attendant's report detailed, above.

16. ATTENDANTS:

a. A record of each employee's background, clinical experience and appropriate certifications that meet or exceed standards in CAMTS as well as the character and physical capabilities of performing the duties of an air ambulance operator or attendant shall be maintained and made available for inspection upon request. The VA reserves the right to request qualifications prior to award. Offer submissions shall include personnel qualifications, certifications and record of each employee's character and physical capabilities. Contractor will provide the VA with updated records on an annual basis and when changes in personnel occur.

b. Medical Flight Attendant is defined as any licensed physician, nurse, physician assistant, or emergency medical technician/paramedic that has had additional training in various aspects of aero medical transportation which meets/exceeds standards of CAMTS and also, as specified, below. A Medical Flight Attendant may not serve simultaneously as a required pilot or crewmember on the flight.

c. Registered Nurse trained in critical care and ACLS will be the primary Medical Flight Attendant when medical conditions require nursing care that is not part of physician assistant or emergency medical technician scope of practice.

d. A qualified Registered Nurse, for the purposes of this agreement, is one who meets/exceeds standards of CAMTS and has received education in critical care nursing, aeronautical concepts and ACLS. Documentation of annual competency assessment will be provided for all medical attendants.

17. MEDICAL FLIGHT ATTENDANTS TRAINING:

a. To qualify as a Medical Flight Attendant, an individual shall meets/exceeds standards of CAMTS with specialized emphasis placed on the airborne environment:

b. For those medical personnel who have to receive training in emergency medical care, complete an EMT-P course in accordance with the Department of Transportation curriculum or an equivalent program of instruction approved by the Department of Transportation and meets/exceeds standards of CAMTS.

18. LICENSES, CERTIFICATIONS AND INSURANCE:

a. Air Ambulance Pilot - Shall have a valid operator's license in accordance with Federal, State and local government requirements for their place of operation, for the services they perform.

b. EMTs - Shall be certified, licensed or otherwise officially recognized by the local, state or regional government or public entity where the emergency ambulance service is operated or by which it is governed.

c. Ambulance Driver - Shall have a valid operator's or chauffeur's license in accordance with Federal, State and local government requirements for their place of operation, for the services they perform.

d. Contractor - Shall maintain personal liability, automobile liability, and property damage insurance, as prescribed by the laws of the state of New York and in accordance with VAAR 852.228-71, VAAR 852.237-7 and VAAR 852.237-70.

19. WAITING TIME: The Contractor will not be expected to wait over one (1) hour for patients without receiving further payment. Delays due to causes beyond the control and without the fault of the VACCHCS or the beneficiary patient concerned will not be considered waiting time for the purpose of this agreement. Such causes may include but are not restricted to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays caused by weather conditions.

20. UNUSUAL EVENTS: Contractor is required to notify the Contracting Officer or his/her designee of any unusual events, including but not limited to accidents or safety problems that occur involving any VA beneficiary being transported under this agreement. This notification will be made within one (1) hour by telephone and, if requested by the VA, a written report of the event will be delivered to the Contracting Officer or his/her designee by close of business the next working day.

21. INSPECTION PRIOR TO AWARD: The Government reserves the right to thoroughly inspect and investigate the establishment facilities, business reputation and other qualifications of any offeror and to reject any offer, irrespective of price, that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance. If any air ambulance equipment is added after inspection, subsequent to execution of agreement, it shall be inspected and approved by the Contracting Officer before being placed in use under the agreement.

22. PATIENT PRIVACY AND CONFIDENTIALITY:

a. All "patient papers" transported with the patient are confidential in accordance with HIPAA. Contractor's personnel may review these records for assessment and treatment purposes only. Appropriate administrative and medical information will be provided to the Contractor for patient transport. If the medical record is transported with the patient, it may be used as a source of information if the situation warrants (i.e. emergent care while in-route). In all other instances, all documents will remain intact and sealed.

b. Contract personnel will take necessary precautions to safeguard information and prevent disclosures. If contract personnel suspect a compromise they will report such knowledge to the COR that same day.

c. The Contractor shall make its internal policies and practices regarding the safeguarding medical electronic information available to VA. Contractors are not authorized to employ a lesser requirement then what is established by this document.

23. CONTRACTOR IDENTIFICATION: In accordance with FAR 52.204-9 and VA Directive 0735

– Personal Identity Verification of Federal Employees and Contractors, any contract person who requires physical access to a Federally-controlled facility will be required to verify their identity prior to providing services under the contract. Each contract person may be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative.

Quality Assurance Surveillance Plan:

Contractor shall ensure that each beneficiary is treated in a professional manner, keeping in mind diversity of our beneficiaries. Each beneficiary shall be treated with the highest quality of care and standards established in the industry. Some of the areas to be assessed are:

a. Patient safety

b. Medical services

c. Equipment and aircraft maintenance program

Factor No.

Performance Indicator

Performance Standard

AQL –

Maximum Allowable Degree of Deviation Method-Type of Surveillance Reduction when AQL Exceeded

Patient Safety Consistent with Standards and Safety Guidelines n/a Patient condition monitored at conclusion of each flight

Medical Services Qualified staff to provide appropriate services

Patient condition monitored at conclusion of each flight

Equipment & Aircraft Maintenance Program In accordance with established Local, State and Federal regulations.

Equipment and Aircraft maintenance logs reviewed semi-annually

Dispatch Response

Within thirty minutes n/a Monitor through travel coordinator logs

Air Ambulance Response

Within four hours

Monitor through travel coordinator logs

n/a Monitor through travel coordinator

Submit Invoice Within fifteen working days

Monitor through travel coordinator

n/a Monitor through travel

Professional Interaction

Per occurrence

Monitor through contracting officer and travel coordinator

Integration & Coordination

Monitor through contracting officer and travel coordinator

Problem Solving

Monitor through contracting officer and travel

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

[] (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 (OCT 2016) (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

[] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

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

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

[] (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.)

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

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

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

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

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

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

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

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

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

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

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(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.

[] (50) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

[] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (62)(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:

[X] (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).

[X] (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).

[] (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

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

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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 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.4 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.

(End of Clause)

C.5 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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).