36C26119Q0283-001.docx

36C26119Q0283 FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE

(MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 S Pest Control Services 95652-2609 36C26119Q0283 06-14-2019 N 561710 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 Larry Facio larry.facio@va.gov VA Palo Alto Health Care System (i)This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation number 36C26119Q0283 is issued as a request for quote (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101, 2005-101.

(iv) This acquisition is a total Small Business Set-Aside. The NAICS code is 561710 and the size standard is $11 million.

(v) The contract line items are listed in the attached price schedule of the solicitation package. When processing a total price for quote ensure accuracy on Cost Price Schedule.

(vi) The contractor shall provide Pest Control Services based on policies and mandates established by the State of California and the Veterans Affairs. Contractor will ensure all facets of the Performance Work Statement are practiced and upheld during this contract.

(vii) The period of performance is listed in the Price Schedule and the Performance Work Statement

(viii) The provision Addendum 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition.

(ix) The provision 52.212-2, Evaluation—Commercial Items, applies to this acquisition.

(x) 52.212-3 Offeror Representations and Certifications – Commercial items applies to this acquisition.

(xi) The clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

(xii) The clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition.

(xiii) All additional contract clauses and provisions are attached to this notice.

(xiv) The Defense Priorities and Allocations System (DPAS) do not apply to this acquisition.

(xv) Quotes are due by 4:00 PM (Pacific Time) on June 14, 2019 and can be emailed to larry.facio@va.gov

(xvi) The point of contract is Larry Facio. Phone (916) 923-4553. Email larry.facio@va.gov.

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

Integrated Pest Management (IPM) Control For VAPAHCS Facilities and Infrastructure In Accordance With Performance Work Statement (PWS).

Contract Period: Base POP Begin: 08-01-2019 POP End: 07-31-2020

Integrated Pest Management (IPM) Control For VAPAHCS Facilities and Infrastructure In Accordance With Performance Work Statement (PWS).

Contract Period: Option 1 POP Begin: 08-01-2020 POP End: 07-31-2021

Integrated Pest Management (IPM) Control For VAPAHCS Facilities and Infrastructure In Accordance With Performance Work Statement (PWS).

Contract Period: Option 2 POP Begin: 08-01-2021 POP End: 07-31-2022

Integrated Pest Management (IPM) Control For VAPAHCS Facilities and Infrastructure In Accordance With Performance Work Statement (PWS).

Contract Period: Option 3 POP Begin: 08-01-2022 POP End: 07-31-2023

Integrated Pest Management (IPM) Control For VAPAHCS Facilities and Infrastructure In Accordance With Performance Work Statement (PWS).

Contract Period: Option 4 POP Begin: 08-01-2023 POP End: 07-31-2024

Performance Work Statement Pest Control Services VA Palo Alto Health Care System Section 1: General Information

1.1 General: This is a non-personal services contract to provide fully certified and California licensed pest control 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.

1.2 Period of Performance:

1.3 Place of Performance:

Medical Centers Palo Alto Medical Center 3801 Miranda Ave.

Palo Alto, CA 94304 Santa Clara County Livermore Medical Center 4951 Arroyo Rd.

Livermore, CA 94550 Alameda County Menlo Park Medical Center 795 Willow Rd.

Menlo Park, CA 94025 San Mateo County

Community Based Outpatient Clinics Capitola CBOC 1350 41st Ave., Ste 102 Capitola, CA 95010 Santa Cruz County Fremont CBOC 39199 Liberty Street Fremont, CA 94538 Alameda County Sonora CBOC 13663 Mono Way Sonora, CA 95370 Tuolumne County

San Jose CBOC (New) 5855 Silver Creek Valley Pl San Jose, CA 95138 Santa Clara County Stockton CBOC 7777 South Freedom Rd.

French Camp, CA 95231 San Joaquin County

Modesto CBOC 1225 Oakdale Rd.

Modesto CA 95355 Stanislaus County Monterey CBOC 201 Ninth Street Marina, CA 93933 Monterey County Mountain View 701 N Shoreline Blvd, Suite B, 2nd Floor Mountain View, CA 94043 Santa Clara County

There are numerous buildings at the Palo Alto Medical Center and the Menlo Park Medical Center. The vendor will be required to provide coverage for all the building located within each campus.

1.6 Hours of Operation: Routine services will be required during normal business hours between 8:00 a.m. to 5:00 p.m., Monday through Friday, including Federal Holidays. For urgent/emergency services see Section 5.3.4 Unscheduled Contingency Work.

1.7 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.

2.2 Acronyms:

Section 3: Government Furnished Property, Equipment, and Services None.

Section 4: Contractor Furnished Items and Services The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with (IAW) the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents. Contractor shall provide a Pest Management Plan containing an Integrated Pest Management (IPM) Control unique to the layout of each VAPAHCS facility and infrastructure within 30 days of contract award.

Section 5: Specific Tasks

5.1 General Requirements for Integrated Pest Control Management (IPM):

A. The Contractor shall furnish fully trained, knowledgeable and capable Pest Technicians who are certified in Integrated Pest Management and have all current Licenses, Education, and Certifications required by the State of California to perform Integrated Pest Management and apply pesticides in a public health setting. The Contractor shall also furnish all management, supervision, administration, insurance, surety bonds, equipment, supplies, parts, and properly registered and insured transportation necessary to perform IPM services (interior and exterior) in accordance with the terms and conditions of this contract for all identified locations in section 1.3 of this Performance Work Statement.

B. All tasks shall be accomplished to meet the guidelines in the National Pest Control Association’s “Good Practice Standards.” The Integrated Pest Control Management (IPM) services required of the Contractor are as follows:

1) Inspection: Determine which pest management measures are appropriate and required.

2) Recommend environmental sanitation practices that restrict or eliminate food, water or harborage for pests.

3) Preventive Maintenance: Selection and utilization of non-chemical control methods which eliminate, exclude or repel pests (i.e., insect electrocution devices, lights, traps, caulking, air screen, nets, spikes, etc.)

4) Treatment: Selection and use of the most environmentally sound pesticide(s) to affect control and or elimination when chemical control methods are necessary.

5) Control and treatment of general structural arthropod pests (i.e., cockroaches, ants, carpet beetles, spiders to include removing built up spider webs on exterior of buildings, carpenter ants/bees and any bee nest removal, etc.)

6) Control and treatment of stored product pests (i.e., saw-tooth grain beetle, red/confused flour beetles, trogoderma, beetles, grain moths, etc.)

7) Control and treatment of mice and rats (i.e., house mouse, field mouse, roof rat, Norway rat, deer mouse, etc.)

8) Control of pest birds (i.e., pigeons, sparrows, blackbirds, including bird nest removal, etc.)

9) Control of other vertebrate pests (i.e., dogs, cats, bats, squirrels, gophers, moles, raccoon, skunks, snakes, rabbits, including capture and removal, etc.)

10) Control and treatment of wood destroying organisms (i.e., subterranean termites, dry wood termites, fungi, wood boring beetles, wood wasp, silverfish/firebrat, etc.)

11) Control of aquatic pests i.e. mosquito larvae/pupae, algae, etc.

12) Control and treatment of flying insects (i.e., house-fly, stable fly, low flies, etc.)

13) Control and treatment of predatory pests (i.e., lice, bedbugs, fleas, mites, ticks, bees, wasps, mosquitoes, scorpions, conenose bugs, etc.). The Defender’s Lodge and the Fisher House complex will require bedbug inspection and necessary treatment twice a week until notified otherwise.

14) Inspection and Treatment for Termites: Inspection for termites shall be accomplished IAW the Good Practice information attached. Treatment for termites shall be made only if there is evidence of termites is found. It is estimated that no more than two (2) inspections per year shall be required.

15) Removal of Cliff Swallows’ nests: Although Cliff Swallows are protected by the Migratory Bird Treaty act, the US Department of Fish and Wildlife Service allows us to remove the mud nests when swallows start to build their nests. No permits are required to remove swallow nests provided there are no eggs or young in the nest. Nests shall be knocked down daily during the building season to prevent any eggs from being laid. Care shall be taken to perform this scope of work so as to prevent disruption of health care system activities. This shall involve working off-hours, after 4:30 pm. Given that Cliff Swallows are migratory birds and return to the same nesting site once the nests are established, the goal in this scope of work is to prevent nesting from occurring. The scope of this contract includes all buildings in Palo Alto, Menlo Park and in Livermore. A site visit is required to determine building height and visual inspection of any remaining old nests not removed from the previous spring.

16) Clean Up, Decontamination and Disposal of Hazardous Waste: The Contractor shall clean up after performance work of pest control. The Contractor shall not dispose any excess pesticides, pesticide container or any material contaminated by pesticides at any location on the Medical Center premises except as specified by the COR.

17) Removal of Dead Insects/Animals: All Dead Insects/Animals shall be removed and disposed by the Contractor within a reasonable time frame as established by the COR or designee.

5.1.1. Adding/Deleting Building

The scope of this contract includes all the Medical Centers and CBOCs within the VAPAHCS. If changes are needed by either adding a new building or removing a building within the VAPAHCS, it will be covered under the scope of this contract. Any changes to the locations listed in section 1.3 of the Performance Work Statement will be handled through a bilateral contract modification.

5.2. Regulations

Pest management operations shall meet all Federal requirements as identified in Public Law 92-516, Federal Insecticide, Fungicide and Rodenticide Act, dated November 28, 1975, as amended, and Executive Order 12088 (Federal Compliance with Pollution Control Standards) and appropriate Occupational Safety and Health standards regarding hazard communication, personal protective equipment, and exposure standards. The Contractor shall ensure pesticides and pest control operations are in compliance with California Code of Regulations (Title 3, Food and Agriculture), Division 6, Pesticides and Pest Control Operation.

5.3 Scheduling Services

Within the IPM control program, services will be based on Recurring Pesticide Application and Inspections, Work Order, or Unscheduled/Contingency.

5.3.1 For recurring pesticide application based on IPM Inspections; the Contractor shall provide the work schedule of when services shall be performed and submit it to the Contracting Officer Representative (COR) within fifteen (15) days prior to the application. Pest Management tasks must be scheduled for specific days that are identified and provided to the COR. The Contractor is not authorized to perform services on alternate days without prior approval from the COR.

A. Daily Services The Contractor shall be flexible to provide services Monday through Sunday (including Federal Holidays) for the sites of VAPAHCS: Palo Alto Division (PAD), Menlo Park Division (MPD), Livermore Medical Center (LMD) and Mountain View Clinic.

5.3.2 Recurring Inspection Services

The Contractor shall provide a schedule based on a site survey as to when weekly and monthly inspections shall occur. The schedule shall be given to the COR within the first 30 days after award of contract. The schedule shall be approved by the COR. The weekly and monthly inspections are as follow:

A. Weekly Inspections. The Contractor shall conduct weekly inspections, provide the necessary corrective actions, and document/record all actions in the log book located at the following locations:

1) Palo Alto Division – 7 locations: Bldg. 100, Operation Room; Bldg. 100, Respiratory; Bldg. 100, G.I. Clinic; Bldg. 100, SPS; Bldg. 100, Food Services; Bldg. 100, Canteen; Bldg. 54, Animal Research. Defender’s Lodge and Fisher House (2 Buildings) require bi-weekly bedbug inspection. Locations may be changed to meet operational needs.

2) Menlo Park Division – 3 locations: Bldg. 329, Food Service; Bldg. 334, Canteen; Bldg. 371, SPS Contractor shall perform services in all kitchens between 2:30 to 3:30 pm.

B. Monthly Inspections. The Contractor shall conduct monthly inspections, provide the necessary corrective actions, and document/record all actions in the log book located at the following locations;

1) Palo Alto Division, Bldg. 50, Warehouse

2) Menlo Park Division, Bldg. 371, Warehouse

3) Livermore Medical Center, TBD

4) Mountain View Center, #801

5.3.3 Work Orders

The customers’ work orders also known as “G. Pest” can be delivered to the Contractor in one of three methods:

A. Hard-copy method – The COR or designee shall provide the hard/electronic copy of document work orders (i.e. “G.Pest Request”) to the Contractor upon arrival to Bldg. 6 or via electronic means.

B. Fax-copy method – The COR or designee may elect to fax the daily work orders to the Contractor. The Contractor shall provide a FAX number to the COR within 5 days after award of contract.

C. Email method – The COR or designee may email daily work orders (i.e. g.pest) via email.

Contractor shall immediately acknowledge “G.Pest” order with email to COR.

Returning Completed Work Orders – After completion of services, the Contractor shall notify the COR or designee within 24 hours (excluding weekends and holidays)

5.3.4 Unscheduled Contingency Work

Unscheduled Contingency Work will be required approximately 24 times per year. The Contracting Officer’s Representative (COR) will request this category of services based on urgency. In case of an emergency, the contractor is required to provide pest control service within four (4) hours after contingency work is requested. Menlo Park Division require services within 2 hours after request.

5.4 Reporting to Bldg. 6.

The Contractor reports to Palo Alto, Bldg. 6, Room A-238 or an alternate location, to the COR or designee to receive the prioritized work requests. The Contractor then provides the required services needed within 2 business days after receiving the work request. Upon completion of services, the Contractor shall notify the COR or designee in writing.

5.5 Required Contractor Reporting:

A. All IPM services performed by the contractor during the work shift shall be documented in writing.

B. The Contractor shall supply, complete and submit a monthly chemical usage report to the COR or designee.

C. The Contractor shall be required to furnish to the COR the Safety Data Sheets (SDS) or equivalent and the trade names (if any) and names of chemicals to be used in the performance of this contract prior to initial application. Contractor shall collaborate with COR, or VA Staff for the creation of an “SDS Book” in accordance with agency and OSHA directives.

5.6 Inclement Weather

In the event climate or weather conditions make it unsuitable for work or may induce an environmental hazard, the contractor must coordinate with the COR to establish a new date and time for services to be performed.

5.7 Contractor Qualifications

D. The Contractor personnel shall be California certified to perform under this contract. The Contractor shall furnish a copy of California State certification (current Certificates of Competency in Pest Management in any and all categories or sub-categories as identified by the State of California) upon submitting a quote; contractor shall possess credentials described in Business and Professions Code Sections 8550(e) and 8610(a); no work shall be performed without full adherence to these mandates. No time during this contract shall the contractor allow the certification to lapse or expire due to their own inattention or oversight.

A. The Contractor personnel shall wear an appropriate and professional uniform with the company’s logo/name and nametag.

B. When there is more than one technician performing services, one of the technicians must be fully certified in Pest Management categories. A non-certified technician may assist the certified technician in the performance of the work if the non-certified technician is either with the certified technician or they are within direct line of sight to the certified technician. The certified technician shall assume all responsibility for the non-certified technician.

C. During the period of performance, if the Contractor proposes to add-on or replace personnel, the Contractor shall submit the California Pesticide Applicator Certificate to the COR before starting work. At no time shall the Contractor utilize add-on or replacement personnel who do not meet the certification of this contract.

5.8 Contractor Contingency Plan.

The Contractor shall have a contingency/back-up plan in the event the Contractor is unable to perform services or have services performed as required. The Contractor shall immediately notify the COR or designee and provide a justification for non-performance and institute the contingency and/or back-up plan as quickly as possible

5.9 Special Provisions

The following provisions shall be adhered to by the Contractor in performing pesticide applications of the areas specified below:

A. Food Handling Areas: Treatment of these areas are limited to only times when food is not being held, processed, prepared, served and while not occupied by facility employees. The Contractor shall at no time enter facility elevators which are occupied by food service equipment while in the possession of pesticides or application equipment.

B. Patient Occupied Areas: Contractor shall use pesticides with as low a volatility and as odor-free as possible to keep odor levels from affecting patients.

C. Critical Areas: The Contractor shall submit a list of pesticides for intended use in areas listed below to the COR prior to any application. The planned use of pesticides in these areas requires recognition of the attendant hazards to occupants’ supplies, equipment and surfaces. No substitution can be made at any time without the approval from the COR. In all critical areas the Contractor shall document work completion and keep a record in the critical areas as required by office of the investigator general.

D. Critical Areas:

5.10 Residual Treatment:

During regular scheduled visits, the Contractor shall apply residual insecticides by the crack and crevices method only, for control of roaches, at least once every month to kitchens, etc., however, not when food preparation is in progress, food is exposed and food contact surfaces are not covered. Pesticides must be approved and registered by the EPA and must be used in accordance with the instructions on the label. When necessary, the Contractor shall be accompanied by the COR or designee who shall indicate special areas to be serviced and cover machines and equipment as needed.

5.11 Restrictions on Pest Control Materials:

A. All rodenticides, traps or bird repellents shall be placed only at times and in areas approved by the COR or designee and unused portions shall be recovered at the latest by a time limit set by the COR or designee.

B. The use of rodenticides other than Chlorophacinone, Scilliroside, Brodifacoum, Cholecalciferol, shall be restricted to locations specifically provided for by the COR.

C. The Contractor shall be required to furnish to the COR initial application of pesticides and rodent control chemicals, sample labels, names of chemicals to be used in the performance of this contract. This information is required by the Medical Service for emergency treatment in the event of ingestion of and/or contact with the material by humans. A list of products and antidotes, Safety Data Sheets (SDS) supplied/required by the Contractor and as required by this paragraph, should be maintained in the Pharmacy and in the Evaluation and Admissions Unit, where an antidote, if required, can be made readily available.

5.12 Contractor IPM Schedule of Service:

The contractor shall provide a schedule of services for each location listed in section 1.3. The schedule must list all building within each location (there are several at Palo Alto and Menlo Park). The schedule must state the frequency and the day of the week that the services will be performed

5.13 Verification of Services Performed

The Contractor shall have a system that verifies the certification of individuals providing pest services to VAPAHCS. The contractor shall make this system available for review by the COR. The system may consist of a booklet or binder to verify work performed. An electronic system will be allowable as well.

5.14 Quality Assurance Surveillance Plan

A. The Government will monitor the contractor's performance using the Contractor’s Basic Quality Control Program and Quality Assurance Surveillance Plan (QASP) as established by the COR. See Attachment #1 Quality Assurance Surveillance Program.

B. The QASP is a systematic method used by the Government to evaluate Contractor’s actions and performance based on Performance Work Statement requirements. The QASP is designed to provide an effective method of monitoring contractor performance for each listed objective on the PWS. A QASP is based on the premise the Government desires to maintain a quality standard in providing pest control services.

5.15 Safety Requirements:

A. The Contractor shall take precautions as the COR or designee may determine to be reasonably necessary to protect the lives and health of occupants at this Medical Center. The COR or designee shall notify the Contracting Officer (CO) of any non-compliance with the terms of the contract. Upon receipt of a Letter of Concern, the Contractor shall correct deficiencies and provide a corrective action letter to the CO.

B. The Contractor shall be responsible to ensure that employees take all necessary safety precautions appropriately in the performance of services i.e. wearing proper face mask, breathing apparatus, clothing, etc. The Contractor shall be responsible to insure employees receive up-to-date training concerning the latest EPA, Federal, State and local regulations.

5.16 Interference to Normal Functions

The Contractor shall be required to interrupt their work at any time so as not to interfere with the normal functioning of the facilities, fire protection systems and pass of facility patients’ personnel, equipment and carts.

5.17 Storage of Pest Control Materials

No pest control materials or equipment shall be stored at any VA installation when the operator is not working.

5.18 Call Back Requirement

If a treatment is inadequate (as per specifications), the Contractor shall return (within four (4) hours after receipt of notification by the COR) to retreat previously treated area.

Section 6: Attachments

15-5623 (Rev.-8) Alameda 15-5633 (Rev.-7) Monterey 15-5653 (Rev.-7) San Joaquin 15-5637 (Rev.-11) San Mateo 15-5641 (Rev.-9) Santa Clara 15-5649 (Rev.-7) Santa Cruz 15-5619 (Rev.-9) Stanislaus

15-5665 (Rev.-9) Tuolumne

Page 1 of Page 1 of

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 2019)

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 2018) (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 (Oct 2018) (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] [X] (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (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)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

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

[] (ii) Alternate I (JULY 2014) of 52.222-35.

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

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[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 (JAN 2019) (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 (AUG 2018) (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 (Oct 2018) (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.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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) (AUG 2018) (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).

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 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.

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

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

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

(xiv) 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).

(xv) 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).

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

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

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

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

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

(xx) 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).

(xxi) 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.

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

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

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) Years.

(End of Clause)

C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of CALIFORNIA. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes.