36C26119Q0002-001.pdf

36C26119Q0002

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:

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Security Guard Services (Guard I)

12.00 MO __________________ __________________

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

0002 On Call Guard I (estimated)

500.00 HR __________________ __________________

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

GRAND TOTAL __________________

Statement of Work Security Guard Services for Palo Alto Clinics

VA Palo Alto Health Care System

Section 1: General Information

1.1 General: This is a non-personal services contract to provide security services for the VA Palo Alto Health Care System (VAPAHCS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The contractor shall perform to the standards in this contract.

1.2 Period of Performance: October 1, 2018 to September 30, 2019.

Services for the San Jose Outpatient Clinic will not begin until December 1, 2018.

1.3 Place of Performance:

San Jose CBOC 80 Great Oaks Blvd.

San Jose CA 95119 Santa Clara County

San Jose CBOC (New) 5855 Silver Creek Valley Pl San Jose, CA 95138 Santa Clara County

Fremont CBOC 39199 Liberty Street Fremont, CA 94538 Alameda County

Modesto CBOC 1225 Oakdale Rd.

Modesto CA 95355 Stanislaus County

Monterey CBOC 201 Ninth Street Marina, CA 93933 Monterey County

Stockton CBOC 7777 South Freedom Rd.

French Camp, CA 95231 San Joaquin County

The San Jose Clinic will be transitioning from 80 Great Oaks to the new location at 5855 Silver Creek. The anticipated move date is November 1, 2018, but the date is tentative. The guards assigned to San Jose will move from the current location to the new location.

1.4 Hours of Operation:

San Jose CBOC Two Guard I 0700-1930, Monday to Friday One Guard I 1930-2400, Monday to Friday One Guard I 0800-1630, Saturday and Sunday

Fremont CBOC One Guard I 0700-1730, Monday to Friday Stockton CBOC One Guard I 0700-1730, Monday to Friday Modesto CBOC One Guard I 0700-1730, Monday to Friday Monterey CBOC Three Guard I 0700-1730, Monday to Friday

The scope of the contract covers more guards that may need to be added during the performance of this contract. If more guards are needed, the VA will work with the Contractor to process a bilateral contract modification. The price schedule includes a line item for on-call services. There is an estimated quantity for the on-call line item and services will be ordered as needed.

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

Section 2: Definitions & Acronyms

2.1 Definitions:

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

2.2 Acronyms:

CAO Clinic Administrative Officer CD Clinic Director CMO Chief Medical Officer CO Contracting Officer COR Contracting Officer Representative PPE Personal Protective Equipment RHA Regular Hours of Assignment SOP Standard Operating Procedures VA Veterans Affairs VAPAHCS Veteran Affairs Palo A lot Health Care System VHA Veterans Health Administration

Section 3: Government Furnished Property, Equipment, and Services

The government will provide the security guard with a copy of the VA PAHCS Police SOP, and a guard office with the following:

A. Desk - 1 each.

B. Chair - 1 each.

C. Telephone (single line)

Accountability for Government Property. All non-disposable property furnished by the Government under this contract will 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

4.1 The Contractor shall in accordance with applicable Federal Regulations, obtain all permits for the operation of radio equipment over Government identified frequencies. A copy of all such permits shall be delivered to the COR prior to the utilization of designated frequencies.

4.2 Uniforms and Equipment:

A. The Contractor will be responsible for providing any vehicles that are needed in the performance of the contract.

B. Security guards shall have uniforms and standard industry accessories. Each security guard shall be provided with uniforms at no cost to the employee or Government.

C. The color of the Contractor’s security guard’s uniforms shall be a general color used by guards or police organizations. Security guards shall wear the same color and style of uniform.

Appropriately styled uniforms shall be worn by female members of the guard force.

D. Shoulder patches shall indicate the identity of the Contractor and shall be worn on the left shoulder of the uniform jacket and shirt. Identification name tags shall be worn over the right breast shirt pocket. No other identification of the Contractor or employee shall be worn or displayed on the uniform.

E. Approved uniforms and related accessories listed do not have to be new but shall be in good condition (one or more sites may require only a portion of the items listed below):

1) Shirt, long sleeve

2) Shirt, short sleeve

3) Trousers, all season weight

4) Necktie

5) Jacket, winter, patrol type (reefer style)

6) Jacket, light weight

7) Gloves, (pair) (color to match accessories)

8) Key strap with flap

9) Flashlight, 4 “D” cell, metal

10) Flashlight holder, (snap away (D-cell)

11) Insignia, shoulder patch (each shirt and jacket)

12) Whistle, Thunder, with chain attachment

13) White (non-supervisory), gold (supervisory) metal cap ornament.

14) Nameplate, 3 ½” X ¾”, black/blue, ½” lettering on gold metal.

15) Radio case (if radio is required)

16) Surgical/protective glove pouch

17) Safety boots

F. Long or short sleeve shirts may be worn for the season or as weather permits.

G. The uniform shall only be worn when the officer is on official duty or in transit between residence and duty station.

H. The color of the accessories and equipment shall be standard black/brown to match the uniform.

I. Shoes shall be low quarter or high topped, laced type with police or plain toe and standard heel.

The color of the shoe shall match the color of leather equipment accessories; any deviation from the above requirements shall be approved by the COR.

J. Inclement weather clothing shall be required for those guards required to perform duties while exposed to cold, rain, and other inclement weather conditions. All weather clothing shall be identical in style and color for each guard.

Note: No guard shall enter on duty without wearing the proper uniform (including accessories).

K. Each guard on duty shall be equipped with supplementary equipment including, but not limited to: handheld radio, notebook, pen, pencil, replacement flashlight batteries, bulbs, and traffic control safety apparel (reflective vest, gloves, traffic baton). Guards shall not equip themselves with unauthorized supplemental, personal items and/or non-standard items including personal cellular phones.

Section 5: Specific Tasks

5.1 Roving Patrol security guards shall provide roving patrol services for all sites listed in the schedule.

Services shall include but not limited to the following:

A. Ensure all entrances are secure.

B. Ensure intrusion alarms are on and functioning correctly.

C. Be vigilant of vandalism to buildings and/or government vehicles.

D. Notify and report vandalism to VA Police, local police, and/or designated VA staff official, upon discovery of a crime.

E. Monitor metal detectors at entry control points at all sites.

5.2 Functions and Responsibilities

A. Entrance Control Post: Operate and enforce a system of personnel identification and perform package inspections as directed.

B. Patrol Posts: Conduct patrols in accordance with established routes and schedules.

C. Traffic Control: Direct traffic (vehicle and pedestrian), control parking, issue courtesy violation notices.

D. Security and Fire Systems: Monitor and operate building fire alarm and intrusion detection systems and other protection devices or building equipment.

E. CCTV Systems: Monitor and operate building CCTV (Video Surveillance System).

F. Building Rules and Regulations: Observe building occupants and visitors to ensure compliance with the posted rules and regulations.

G. Lost and Found: Turn Lost and Found items to the appropriate Lost and Found Site Manager personnel. Ensure that high value items have a receipt and that is given to VA Police using VA Forms 10-3524 and 10-3524a.

H. Law and Order: Maintain law and order within areas of assignment by contacting VA police and Local Law Enforcement.

I. Unauthorized Access: Discover and detain persons attempting to gain unauthorized access to property.

J. Flying the United States Flag: Assist in the placement of flying the U.S. Flag and other flags as directed by the Contracting Officer Representative (COR).

K. Additional Duties: Turn off unnecessary lights, secure windows, doors and gates.

L. Reports and Records: Prepare and maintain reports and daily records. Give reports to the VASNHS Police Department.

M. Civil Disturbances: Resolve civil disturbances or other criminal acts and safeguard Government property and the public.

N. Emergencies: Respond to emergency situations and provide appropriate assistance. Notify the COR of action taken.

O. Drills: Participate in VAPAHCS emergency drills.

5.3 Additional Functions and Responsibilities

A. Security Guards shall be assigned to entrances of buildings to monitor pedestrian traffic and to patrol the interior and exterior of the facility. The primary functions are to provide security by conducting patrols, and report dangerous conditions resulting in violations of health and safety codes.

B. When efforts to prevent crime fail, the Security Guards shall notify VAPAHCS Police by two-way radio or telephone. If the Guards are unable to contact VA Police, the Guard will contact the local law enforcement by dialing 911.

C. The Security Guards are required to render courteous assistance to employees, patients, and visitors and to safeguard their welfare during emergencies. The guards are responsible to exercise leadership, control and direction during fire, storms, earthquakes or other mishaps, which threaten lives.

5.4 Intrusion Alarm Monitoring System

A. Security Guards shall monitor alarms for intrusion, interior motion detectors, pharmacy area and agent cashier’s window.

5.5 Alarm Monitoring System Requirements

A. The Contractor shall respond to the site, within forty-five (45) minutes of an alarm notification (depending on location). Upon arrival, if there is evidence that a crime is in progress or there is evidence that a crime has taken place, security guard shall notify local law enforcement and the on-duty VA Police Supervisor. If there is no contact with VA Police Supervisor, contact will be made with Assistant Chief, then as a last resort the Chief, VA Police Services.

B. Contractor shall respond to all security intrusion alarms.

C. Contractor shall inform the COR and dispatch officer of any mechanical equipment malfunctions which may require a work order.

5.6 Contractor Point of Contact

A. Contractor shall provide a point of contact for contract administration which shall include name, address, telephone number, and email address.

5.7 Training

A. Contractor Furnished Training

1) The Contractor shall submit to the COR written certification that each contract employee has been trained on the subject areas as required by the state of California security guard training.

2) Contractor shall ensure that new employees shall meet training requirements before starting work.

B. All formal training required shall be provided by persons who are certified or qualified to instruct on required subjects. Certification to instruct the specific subject shall be in the form of a certificate issued by an accredited institution of learning (school, college, university, etc.), a governmental (Federal, State, County, etc.), or by documentation that the person instructing has sufficient experience in the subject matter.

C. In addition to the required formal training, the Contractor shall provide follow-up orientation of each employee twenty-one (21) days after the initial assignment. This orientation may be accomplished while the guards are on duty. The Contractor shall certify the completion of the orientation for each guard to the COR within forty-five (45) days following assignment of duty.

The follow-up orientation shall include but not be limited to the following subjects:

1) Rules, regulations and procedures for the facility (1 hour).

2) Policy and specific procedures for responding to emergency alarms, bomb threats, incendiary devices in the facility (1 hour).

3) Procedure for operating the security systems within the facility (1 hour).

4) Procedure for and operating of the firefighting equipment within the facility (1 hour).

5) Vehicle traffic and parking control (1 hour).

6) VA Handbook 0730 (1 hour).

7) Use of Force (4-8 hours).

5.8 Education/Experience

A. Supervisor: The Contractor shall provide an on-site supervisor. The supervisor shall have a background with a minimum of two (2) years of successful experience in field supervision (civilian community law enforcement, military service law enforcement, or security, commercial industrial guard service or individual guard service or security).

B. Security Guards: Guards assigned by the Contractor shall have a high school education or equivalency with two (2) years’ experience demonstrating the ability to:

1) Meet and deal with the general public.

2) Read, understand and apply printed rules, detailed orders, instructions, and training materials.

3) Maintain poise and self-control under stress.

4) Construct and write clear, concise, accurate and detailed reports.

C. Military Service may be credited toward meeting the above requirements.

D. Age: Contractor employees performing under a resulting contract shall be a minimum of eighteen (18) years of age.

E. Health and Physical Fitness Requirements:

1) Contractor employees shall be physically able to perform all duties, functions, and activities;

free from any communicable disease; well-proportioned as to height and weight; in good general health without physical defects or abnormalities which would interfere with the performance of these duties.

2) Contractor employees shall possess binocular vision correctable to 20/30 (snellen); free of color blindness, and capable of hearing conversation within fifteen (15) feet without the benefit of a hearing aid.

3) Security guards shall be given a physical examination at no additional cost to the Government or the employee. Medical certification attesting to the final results of this examination shall be provided to the COR upon request.

4) Additionally, security guards shall undergo a psychological assessment at no additional cost to the Government or the employee on an annual basis. The psychological assessment shall be provided by a physician or licensed practitioner authorized to conduct such examinations.

Results shall be sent to the COR upon request.

5.9 Quality Assurance

A. The Contractor shall perform services in accordance with the ethical, professional and technical standards with regulations and procedures. Persons provided by the Contractor shall be technically proficient in the skills necessary to fulfill the Government’s requirements, to include the ability to speak, understand, read and write English fluently.

5.10 Contractor Personnel

A. The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contractor’s personnel’s performance or conduct will be dealt with by the Contractor, and COR with the final decision being made by the Contracting Officer.

B. Personnel Policy: The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

1) Worker’s Compensation

2) Health Examinations

3) Income Tax Withholding, and

4) Social Security Payments

C. The Contractor shall follow all existing local, state, federal and/or union laws/regulations relevant to fringe benefits and premium pay for their employees. Contractor personnel shall not be considered VA employees for any purpose.

D. The Contracting Officer or her designee shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. After receipt of such notice, the Contractor shall immediately correct the problem.

5.11 Insurance Coverage

A. The Contractor shall maintain Workers Compensation and Employee’s Public Liability Insurance in accordance with the laws of Nevada.

B. The Contractor shall comply with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

C. Before commencing work under this contract, the Contractor shall furnish an insurance certificate indicating coverage has been obtained and may not be changed or canceled without a thirty (30) days’ notice to the Contracting Officer. Offerors are encouraged to ensure they have the applicable insurance coverage and that it is current and up-to-date prior to submitting their offer.

5.12 Ordering Activities and Officers

A. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or COR acting within the limits of his/her authority.

5.13 Recordkeeping System

A. The VA has established and shall maintain a record keeping system for verification of actual hours worked by the Contractor’s employees. Contractor’s employees shall be required to sign the record, which shall be used to audit/match Contractor’s invoice. Records such as time and attendance logs shall be used to verify contractor's performance. This procedure is mandatory and will be strictly enforced.

5.14 Changes

A. Only those services specified herein are authorized. Before performing any service of a non-contract nature, the Contractor shall advise the Contracting Officer of the reasons for the additional work. Changes to the resulting contract are not authorized, unless agreed upon in writing by the Contracting Officer and the Contractor.

5.15 Contract Security

A. The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

B. In accordance with VA 0710 Handbook, appointees and contract personnel appointed to Low Risk positions must be subjects of a background investigation conducted by OPM and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract. Should the contract require Contractor’s personnel to maintain U.S. citizenship, the Contractor shall be responsible for compliance. Regardless of U.S.

citizenship requirements, Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

C. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation.

Background investigations shall not be required for contract personnel assigned to Low Risk/Non-sensitive positions for 180 days or less under a single contract or series of contracts.

However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks in accordance with VA Directive 0710.

5.16 Miscellaneous

A. Parking Policy: Contractor personnel shall park in designated parking areas. Parking information is available from the VA Police. The VA will not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances.

B. Smoking Policy: The Contractor shall ensure its personnel are informed that smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

C. Government Telephones: The Contractor shall ensure its personnel do not use Government telephones for personal reasons.

D. Badges: All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA Palo Alto Health Care System grounds. I.D. badges must have identification picture, name of the individual and the represented company depicted on it.

E. Overtime and Holidays: Overtime shall be approved by the COR before work commences.

F. National Holidays: Listed below are the ten national holidays:

New Year’s Day January 1 Martin Luther King ‘s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September

Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

When one of the holidays fall on a Sunday, the following Monday shall be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a national holiday by U.S. Government Agencies. Any day specifically declared by the President of the United States of America as a national holiday are also included.

Section 6: Attachments

Attachment #1 Business Associate Agreement Attachment #2 Contractor Security Requirements Attachment #3 VA Directive 0710 Attachment #4 VA Handbook 0730 Attachment #5 Wage Determinations Attachment #6 Price Schedule

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

JAN 2017

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.245-1 GOVERNMENT PROPERTY JAN 2017

52.245-9 USE AND CHARGES APR 2012

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE

JUL 2016

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

NOV 2012

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[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)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

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

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

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

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

[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).

Employee Class Monetary Wage-Fringe Benefits

Guard I (GS-4) $14.17 to $18.42

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

[X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C.

chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

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

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

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

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

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

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

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

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

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

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

13627).

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

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.3 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 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. 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). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.5 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S.

may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA.