36C26118Q9245-029.docx

36C26118Q9245

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

570-19-1-507-0002 36C26118Q9245 08-01-2018 Larry Facio

(916) 923-4553 08-24-2018 4:00pm

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 X 561612 $20.5 Million X N/A X 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 Security Guard Services for Leased Parking Lots Located near VACCHCS - Fresno.

(See PWS and Attachment #1 Parking Lot Graphics) 570-3690152-507-840700-2580 010040700 X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Security Guard Services for Parking Lot #1: Las Palmas Masonic Lodge, 2992 E. Clinton Ave. Fresno, CA 93726.

Contract Period: Base POP Begin: 10-01-2018 POP End: 09-30-2019

Security Guard Services for Parking Lot #1: Las Palmas Masonic Lodge, 2992 E. Clinton Ave. Fresno, CA 93726.

Security Guard Services for Parking Lot #2: Central California Blood Bank, 3425 N. First and 3445 N. First St. Fresno, CA 93726

Security Guard Services for Parking Lot #3: Midtown Plaza (adjacent to Golden Dynasty Restaurant) 3201 E. Shields Ave. Fresno, CA 93726

Estimated Urgent/Emergency Security Guard Services Overtime Guard I.

Estimated Urgent/Emergency Security Guard Services Overtime Guard II.

Security Guard Services for Parking Lot #1: Las Palmas Masonic Lodge, 2992 E. Clinton Ave. Fresno, CA 93726.

Contract Period: Option 1 POP Begin: 10-01-2019 POP End: 03-31-2020

Security Guard Services for Parking Lot #2: Central California Blood Bank, 3425 N. First and 3445 N. First St. Fresno, CA 93726

Security Guard Services for Parking Lot #3: Midtown Plaza (adjacent to Golden Dynasty Restaurant) 3201 E. Shields Ave. Fresno, CA 93726

Security Guard Services for Parking Lot #4: 2720 E. Clinton Ave. Fresno, CA 93703

Estimated Urgent/Emergency Security Guard Services Overtime Guard I.

Estimated Urgent/Emergency Security Guard Services Overtime Guard II.

Performance Work Statement Parking Lot Uniformed Security Services VA Central California Health Care System

Section 1: General Information

1. 1.1 General: This is a non-personal service to provide Security Guard I and Security Guard II uniformed security guards for four separate parking lots leased by VA Central California Health Care System (VACCHCS). These lots vary in layout and location related to VACCHCS. As non-personal services contract, these contract personnel are not to be considered VA Employees for any purpose. Contractor retains all control over personnel and responsibility for direct supervision. Contract personnel may not supervise VA Staff, but may provide direction and instruction as required by duties. Daily activity is monitored and managed by the VA Police Chief or designated alternate.

1.3 Place of Performance: Veterans Affairs Central California Health Care System 2615 E. Clinton Avenue Fresno, CA 93703

a) Parking Lot #1: Las Palmas Masonic Lodge, 2992 E. Clinton Ave. Fresno, CA 93726 (Gated and Fenced – only lot with restroom facilities available).

b) Parking Lot #2: Central California Blood Bank, 3425 N. First and 3445 N. First St. Fresno, CA 93726 (Gated and Fenced).

c) Parking Lot #3: Midtown Plaza (adjacent to Golden Dynasty Restaurant) 3201 E. Shields Ave. Fresno, CA 93726 (Gated and Fenced).

d) Parking Lot#4: 2720 E. Clinton Ave. Fresno, CA 93703 (Currently under construction – expect Gated and Fenced). This will be an Option Line item (CLIN #0004) executed when lot is operational.

See Attachment 1, “Parking Lot Graphics” for pictures and depiction of Area(s) of Responsibility.

1.5 Type of Contract: The government will award a Firm-Fixed Price contract.

1.6 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

Contractor shall submit final invoice after the completion of repairs. Invoice shall include the Contract number, Purchase Order number, Order Date, Performance Period, Description of Services and itemized prices as negotiated.

Section 2: Definitions & Acronyms

Section 3: Government Furnished Property, Equipment, and Services:

Officer's Duty Book (ODB). Item will vary based on lot and location, as a minimum to include:

1. Minimum Task List (VA Form 5-3489a).

1. SOI for Security.

Accountability for Government Property: All non-disposable property furnished by the Government under this contract shall remain the property of the Government. Annually and upon termination of the contract, the Contractor shall conduct a joint inventory of all such property with the COR. Any property furnished by the Government to fulfill contracted requirements which is lost or damaged, resulting from improper use or negligence by the Contractor's employees, shall be repaired or replaced at the Contractor's expense, as directed by the COR.

Section 4: Contractor Furnished Items and Services Contractor shall ensure all on-duty Security Guard personnel are equipped as described in Section 5.3

Section 5: Specific Tasks and Deliverables The contractor shall provide management, supervision, personnel, back-up staff, replacement staffing, equipment, and supplies (except those items of equipment and supplies identified as provided by the Government) necessary to provide trained and certified Guard I and Guard II unarmed, uniformed guard services as defined by California Business and Professions Code Section 7582. A complete listing of all contractor personnel shall be submitted to the COR/Chief of Police for final approval. Listing shall include name, age, gender, Guard I - Guard II credentials, training dates, qualification expiration dates, physical exam results, results of criminal background checks, and results of psychological assessment. Contractor shall at all times ensure listing of personnel is updated and forwarded to COR/Chief of Police. Listing of contractor personnel shall also be forwarded to CO for contract file retention.

Security guard personnel shall have the training and skills to perform such other functions as may be necessary in the event of situations or occurrences such as civil disturbances, attempts to commit espionage, sabotage, or other criminal acts adversely affecting the security and/or safety of the Government, its employees, property, and the general public, lawfully in buildings or on the grounds under the control of the Government.

Contractor shall provide full transparency of employees to ensure each individual’s physical and mental capacity are at levels where the performance of protecting, preventing, and observe and reporting are unremitting.

Specific to Guard II qualifications; Guard II position shall possess training in dealing with hostile individuals, this includes patients or visitors who may become assaultive. Guard II must also respond and take reports, question witnesses to obtain all pertinent information for use in possible follow-up investigations. They must be able to make citizen’s arrest as appropriate, according to the law. They must also be versed in the arena of constitution rights of citizens.

5.1 Required Manning: at a minimum: (on-site Supervisor may assume role of rotating employees, stand-in during breaks or meals, but there shall always be adequate staffing to respond to accidents, incidents, and emergencies).

a) Parking Lot #1: Las Palmas Masonic Lodge. Guard I licensed Security Guard and on-site Supervisor (Guard II).

b) Parking Lot #2: Central California Blood Bank. Guard I licensed Security Guard and on-site Supervisor (Guard II).

c) Parking Lot #3: Midtown Plaza. Guard I licensed Security Guard and on-site Supervisor (Guard II).

d) Parking Lot#4: 2720 E. Clinton Ave. Fresno. Guard I licensed Security Guard and on duty Supervisor (Guard II).

5.1.1 On a bi-weekly basis, contractor shall provide COR a rooster that depicts a listing of security guards, their AoR, shift on-site supervisor, and back-up personnel for each shift.

5.1.2 RHA/Duty Hours:

Contractor shall provide security guard service at the named site(s) and during the normal hours of 5:00am to 9:00pm, Monday through Friday excluding Federal Holidays. It is the contractor’s responsibility to ensure continuous coverage of each location while accommodating respective local, state, and federal employee rights for duty hours, breaks, and safety standards.

5.1.2.1. During Urgent or Emergency Conditions:

On a real-time basis, facility’s Chief of Police and Director’s Office shall have the discretion to increase security personnel coverage in response to security assessments and at the discretion of staff safety. If additional security coverage is necessary, in either manpower or hours, COR/Chief of Police/Director’s Office will coordinate with contractor security on-site supervisor. COR/Chief of Police/Director’s Office will then coordinate with Contracting Officer to determine if contract modification is necessary based on the magnitude of increase security guard services. For real-time requests, contractor will ensure timecard hours of impacted employees reflect the increase of hours for proper and accurate labor standards and subsequent invoicing.

5.1.2.2. During Anticipated Need:

Contractor shall accommodate requests if facility’s Chief of Police and Director’s Office deem an increase in contract security personnel necessary. COR/Chief of Police/Director’s Office will request 24-hours in advance. COR/Chief of Police/Director’s Office will then coordinate with Contracting Officer to determine if contract modification is necessary based on the magnitude of increase security guard services. Contractor will ensure timecard hours of impacted employees reflect the increase of hours for proper and accurate labor standards and subsequent invoicing.

5.1.3 Specific Tasks:

Security Guard Services are required for opening and closing of respective gated lots and ensuring access to all parking lots are by properly VACCHCS stickered vehicles. Usage of leased lots shall only be by VA Employees and facility assigned nursing students only. Security guards will be responsible for maintaining observation of the vehicles in the lot until the lots are closed for the evening. Security guard on-site supervisor will coordinate with VA police prior to executing daily duties-and-responsibilities and end-of-day duties-and-responsibilities.

Prior to deploying employees for security guard services, contractor shall provide sessions on safety, accident investigations, Standard Operation Instructions, and related Officer's Duty Book documentation for each respective location. Site orientation shall also take place of each parking lot, to include ODB usage and radio equipment local procedures. (The Contractor shall coordinate with VA staff and appropriate agencies for the issuance of applicable Federal regulations for radio usage and permits. A copy of all such permits shall be delivered to the COR prior to the utilization of designated frequencies).

a) Parking Lot #1: Las Palmas Masonic Lodge:

a. Unlock/Open Gate at 5am,

b. Survey area prior to arrival of VA staff members,

c. Monitor lot throughout duty hours, patrol of AoR every 15 minutes.

d. Report any left vehicles nearing end of duty hours,

e. Close and lock at 9:00pm.

f. Depart AoR when cleared by on-site supervisor.

b) Parking Lot #2: Central California Blood Bank:

a. Unlock/Open Gate at 5am,

b. Survey area prior to arrival of VA staff members,

c. Monitor lot throughout duty hours, patrol of AoR every 15 minutes.

d. Report any left vehicles nearing end of duty hours,

e. Close and lock at 9:00pm.

f. Depart AoR when cleared by on-site supervisor.

c) Parking Lot #3: Midtown Plaza:

a. Unlock/Open Gate at 5am,

b. Survey area prior to arrival of VA staff members, to include securing rear gate.

c. Monitor lot throughout duty hours, patrol of AoR every 15 minutes.

d. Report any left vehicles nearing end of duty hours,

e. Close and lock at 9:00pm.

f. Depart AoR when cleared by on-site supervisor.

d) Parking Lot#4: 2720 E. Clinton Ave. Fresno: (When Operational)

a. Unlock/Open Gate at 5am,

b. Survey area prior to arrival of VA staff members.

c. Monitor lot throughout duty hours, patrol of AoR every 15 minutes.

d. Report any left vehicles nearing end of duty hours,

e. Close and lock at 9:00pm.

f. Depart AoR when cleared by on-site supervisor.

e) End of Shift Duties:

Prepare required reports listed in ODB at the frequency indicated. Maintain necessary records. As necessary, turn reports and records in to designated official.

5.2 On-Site Supervision:

The term "on-site supervisor" means a person designated in writing by the Contractor who has authority to act for the Contractor on a day-to-day basis at the work site or vicinity. The on-site supervisor shall possess the level of experience and skills to ensure that employees are properly performing all duties as specified in accordance with contract. The on-site or in-field supervisor shall assure that guard(s):

a) Are in uniform and present a neat appearance.

b) Maintain a continued state of proper training.

c) Possess the necessary permits, authority, etc.

d) Maintain continued liaison with the COR or designated alternate.

5.3 Security Guard Equipment:

The Contractor shall ensure each security guard is equipped with the following equipment as a minimum for the performance of duties:

a) Radio Equipment & Case. Dual-frequency radios, portable, handy-talkie, crystals, batteries, battery charger(s) and other related accessories.

b) 2-pair of Handcuffs & Handcuff Case (fully enclosing) (Not required for Guard I).

c) Key strap w/flap.

d) Flashlight & Flashlight holder. 4 "D" Cell, metal, with snap-away (D-cell).

e) Whistle, thunder, w/chain attachment (metal).

5.3.1 Uniforms and Appearance:

Contractor shall ensure all on-duty security guard personnel are dressed in clean and serviceable company uniforms with seasonal considerations. All on-duty individuals shall present a professional appearance. All contractor security guard personnel shall have matching uniforms with appropriate style and color related to law enforcement and the security guard industry. All uniforms shall be consistent insignias and company logos. Appropriately styled feminine uniforms shall be worn by female members of the guard force. All footwear shall be for outdoor use, low quarter or high-top that color coordinates with uniform, standard black or brown. No personalization of uniform or distasteful appearance by contract personnel will be accepted. If encountered, contractor shall replace individual without attributing additional labor hours for invoicing the government. All uniforms shall contain the Security Guard distinction and at a minimum contain:

a) Distinction of on-site supervisor insignia.

b) Nameplate, color lettering for evening visibility.

c) Hat (not mandatory) – only company issued hats will be worn with contain appropriate lettered breast and cap badges, indicating the jurisdiction from which police authority is obtained, shall be worn as part of the uniform (providing such authority is grantable under state and local laws).

d) Shoulder patches lettered to indicate the identity of the Contractor shall be worn on the shoulder of the uniform jacket and shirt. Identification name-tags shall be worn over the right breast shirt pocket.

e) Gloves (pair), color to match accessories

f) Evening hours or during hours of darkness; all personnel shall wear reflective gear.

Guards shall not be permitted to possess unauthorized supplemental or personals such as concealed or unconcealed firearms, knives, or other such non-standard items.

5.4 Authority and Jurisdiction:

a) Except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements with the appropriate officials in the city, county, parish, or the state in which the parking lots are located.

b) The Contractor shall have each employee appointed as a Constable, Special Policeman, Conservator of Peace with sufficient authority to detain or make arrests for violations of law occurring at the locations specified in the contract (applies only when such appointments are obtainable and/or required by local or state law).

c) Permits shall be carried by each employee on his/her person while on duty unless local or state law requires the Contractor to maintain the records.

d) Copies of licenses and permits described herein shall be furnished to the Contracting Officer upon request.

e) The Contractor's employee shall maintain a valid state security officer's certification during the term of his/her employment under the contract.

5.5 Code of Conduct

The Contractor shall be responsible and legally liable for employee performance and for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that employees do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, or access computerized internet, software or network except as authorized. Each contract officer is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal government. Disciplinary actions, including removal actions, shall be the responsibility of the Contractor. VA Police Chief and Contracting Officer are to be kept apprised of actions and situations.

Removal From Duty: The Government may also require the Contractor to immediately remove any employee(s) from the work-site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit for performing security duties during their tour(s) of duty. The Contractor shall comply and provide a replacement. Such a determination of unfitness may be made for, but not limited to, the following types of incidents of misconduct or delinquency:

a) Violations of VA Rules and Regulations Governing Security, Law Enforcement, and Standards of Conduct on Veterans Affairs Property, 38 CFR 1.218.

b) Neglect of duty, including sleeping while on duty, unreasonable delays or failure to carry out assigned tasks, conducting personal affairs during official time, lack of or limited productive service and refusing to render assistance or cooperate in upholding the integrity of the security program at the work-site.

c) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

d) Disorderly conduct, use of abusive or offensive language, quarreling, rude inappropriate comments, sexual harassment, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the government.

e) Theft, vandalism, immoral conduct, or any other criminal act.

f) Selling, consuming or being under the influence of intoxicants, drugs, or substances which produce similar effects.

g) Involvement in commercial activities at any time while on Government controlled property (included soliciting sale, donation, etc., from employees, patients, or others).

h) Improper use of official authority or credentials.

i) Unauthorized use of communications equipment or Government property (includes unauthorized or personal use of internet, long distance telephone services or government computer network).

j) Possession or Misuse of weapons(s).

k) (11) Violation of security procedures or regulations.

a) The Contracting Officer, in conjunction with VA Police Chief will make all determinations regarding the removal of a person(s) from the work site(s). In the event of a dispute, the Contracting Officer will make final determination. Specific reasons for removal of an employee(s) will be provided in writing to the Contractor.

b) Control of Contract Personnel: The Contractor shall have the sole responsibility and prerogative of selection, assignment, transfer, management, and control of contract staff in performance of this contract. The VA does not hire individuals to perform under this contract and shall not hold "selection interviews" of any kind. However, all guards the Contractor proposes to assign are subject to the approval of the VA Police Chief. The Contractor shall not employ any persons for work on this contract who are not fully qualified. Proof of qualifications shall be required in the form of resume references, credentials, certifications, etc., prior to being assigned to duties. If persons are identified to the Contractor by the Contracting Officer as a potential threat to the health, safety, security, general well-being, or operational mission of the VA and its population, they shall be immediately removed from performance and may face legal charges. Quality oversight shall be provided by the COR.

Section 6: Attachments and Publications Attachment #1 Paring Lot Graphics

Attachment #2 WD Fresno 15-5609 (Rev.-6)

6.1 Related Links:

VA Handbook 6500.6, Contract Security, Appendix C is available at https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=793&FType=2

California Business and Professions Code Section 7582 at https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=3.&title=&part=&chapter=11.5.&article=3.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

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] [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 (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)).

[] (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:

[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) 52.222-62 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 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within . Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

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

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

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 DAYS; 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 18 MONTHS.

(End of Clause) C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.7 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall…