36C26119Q0822-009.docx

36C26119Q0822

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

570-20-1-287-0001 36C26119Q0822 08-08-2019 Larry Facio

(916) 923-4553 08-29-2019 4:00p.m.

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 X X 812210 $7.5 Million X N/A X VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209 McClellan CA 95652

612MCP

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

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 Contractor Shall Provide Funeral Services for Unclaimed Remains as Described in the Statement of Work.

570-3600160-287-829900-2580 0100410V5 X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Transport from VA to Funeral Home, from Funeral Home to the Santa Nella National Cemetery.

Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020

Body Preparation: Body Prep; Pre-embalming Services, Dressing, Make-Up, Casketing, Hair Care, Post-Autopsy Care, Refrigeration, Reconstruction, and Restorative Artwork, and Casket.

Contract Period: Base

Cremation Services, includes Urn.

Contract Period: Base

Base Year Total:

Transport from VA to Funeral Home, from Funeral Home to the Santa Nella National Cemetery.

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

Body Preparation: Body Prep; Pre-embalming Services, Dressing, Make-Up, Casketing, Hair

Contract Period: Option 1

Cremation Services, includes Urn.

Contract Period: Option 1

Option Year #1 Total:

Transport from VA to Funeral Home, from Funeral Home to the Santa Nella National Cemetery.

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

Body Preparation: Body Prep; Pre-embalming Services, Dressing, Make-Up, Casketing, Hair

Contract Period: Option 2

Cremation Services, includes Urn.

Contract Period: Option 2

Option Year #2 Total:

Transport from VA to Funeral Home, from Funeral Home to the Santa Nella National Cemetery.

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

Body Preparation: Body Prep; Pre-embalming Services, Dressing, Make-Up, Casketing, Hair

Contract Period: Option 3

Cremation Services, includes Urn.

Contract Period: Option 3

Option Year #3 Total:

Transport from VA to Funeral Home, from Funeral Home to the Santa Nella National Cemetery.

Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

Body Preparation: Body Prep; Pre-embalming Services, Dressing, Make-Up, Casketing, Hair

Contract Period: Option 4

Cremation Services, includes Urn.

Contract Period: Option 4

Option Year #4 Total:

Statement of Work Funeral Services for Unclaimed Remains VA Central California Health Care System Section 1: General Information

1.1 General: The Department of Veterans Affairs Central California Health Care System (VACCHCS) requires mortuary services for deceased Veterans. The Contractor shall provide the facilities, professional funeral services, resources and transportation necessary to support the handling of unclaimed remains of deceased veterans from the Fresno Veterans Affairs (VA) Medical Center (VAMC) and to deliver the deceased to Santa Nella National Cemetery.

The offeror shall comply with the Department of Veterans Affairs (VA) requirements and specifications and federal, state, and local health laws, statutes and regulations in the performing the following tasks as identified in this Statement of Work (SOW). Due to the nature of the services contractor shall be located within 25 miles of VACCHCS.

The Contractor shall not discriminate in the handling of remains due to race, creed, sex, or national origin of the deceased.

1.2 Period of Performance:

1.3 Place of Performance: VA Central California Health Care System 2615 E. Clinton Ave Fresno, CA 93703 and, Santa Nella National Cemetery 32053 West McCabe Road Santa Nella, California 95322

1.4 Hours of Operation: The VA will conduct business with the Contractor during its normal operational hours, excluding Federal Holidays.

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

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

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

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

Vendor e-Invoice Set-Up Information:

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

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

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

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

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

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 The government shall furnish all supplies, equipment, facilities and services required to perform work under this contract per Section 5.1.

Section 4: Contractor Furnished Items and Services Per Section 5 and 6.

Section 5: General Requirements: The Contractor shall be responsible for providing professional services of the highest quality to assure viewing of the remains under optimal conditions to include the following.

a) The Contractor shall practice hygienic measures that will assure complete and satisfactory disinfection and sanitation of the funeral establishment.

b) The Contractor shall have a sufficient number of licensed embalmers to process (embalm) or reprocess any remains on a timely basis. Interns or apprentices may be used to assist the licensed embalmer in accordance with (IAW) with applicable state regulations.

c) Transport Vehicles, supplies, equipment and technical procedures shall conform to standards and professional techniques acceptable to the California Funeral Service Industry and the National Cemetery at Santa Nella, California.

d) The Contractor or Sub-Contractor shall be within a 25 mile radius from the Fresno VA Medical Center.

e) Contractor’s Facility shall meet Federal, State, Local and National Environment Policy Act (NEPA) Fire and Life Safety Codes. The Contractor’s facility shall comply with current VA standards for handicapped accessibility. Any change of the Contractor’s facility location during the contract term shall be approved in advance by the Contracting Officer (CO).

5.1 VACCHCS Responsibilities

IAW the Veteran’s expressed funeral arrangement preferences, VACCHCS will advise the Contractor of the Veteran’s preference for cremation or burial. If no preferences have been identified by the veteran, the facility will request direct burial services from the Contractor.

a) The VACCHCS Facility Director or designated representative is responsible for inspecting the unclaimed remains prior to release IAW Veterans Handbook Administration (VHA) 1601B.04.

b) The CO will delegate a Contracting Officer Representative (COR) to be responsible for the inspection of the mortuary services and the merchandise furnished for unclaimed remains under separate contractual agreements.

c) Notification to pick-up unclaimed remains. The VACCHCS COR or designated representative will notify the Contractor of unclaimed remains. The Contractor shall respond for removal of unclaimed veteran’s remains within 8 hours during weekdays and within 24 hours weekends and holidays. The Contractor shall complete the burial process within 10 days of notification by VACCHCS.

d) Inspection of the body. Whether the body is cremated or to be buried, the casket and remains shall be inspected by the COR or designated representative prior to transporting to final destination.

Section 6: Specific Tasks:

6.1 Cremation (Inurnment) Services.

When ordered by the COR or designated representative (DR), this service shall include making the necessary arrangements with the crematorium and furnishing a suitable urn for the cremated remains.

6.1.1 Suitable Urn shall be composed or made of standard plastic.

6.2 Preparation of Remains (Body) Services for Interment.

The COR or DR will advise the Contractor of the veteran’s preference for cremation or body burial. If no prior preference is given by the veteran, the preference shall be burial.

6.2.1 Remains shall be prepared, dressed and cosmetically beautified as prescribed in the specifications.

6.2.2 Each remain, viewable or non-viewable, shall be embalmed that provides the optimum result.

6.3 Pre-embalming services

Remains shall be bathed unless when it is impossible due to the condition of the remains. The female/male body hair shall be washed and groomed. For example: Fingernails shall be cleaned and trimmed; the mouth shall be securely closed to form a natural expression and ensure eyelids are prepared to prevent wrinkling and a sunken appearance of the eyes. The use of cosmetics shall be applied only produce natural color and texture.

6.3.1 Any lacerations, abrasions, incisions, excisions and burn wounds shall be sutured and/or sealed to prevent leakage.

Swollen or distorted features shall be reduced to the normal contours enjoyed during life. Postmortem stains shall be chemically bleached by applying packs and/or needle injection. On viewable areas, further treatment shall consist of the use of masking cosmetics to render stains non-detectable.

6.3.2 Body orifices shall be treated with a disinfectant, non-astringent chemical (generic categories such as Phenyl phenols and Idophors and packed with cotton. Bedsores, ulcerated, burned, and necrotic tissue shall be treated either by hypodermic injection, or pack application of deodorizing or preserving chemical.

6.3.3 Maggots and other insect larvae shall be destroyed and their breeding sites in or on the remains thoroughly treated with an insecticide chemical.

6.3.4 The Contractor shall ensure that the body and/or cremated remains are effectively disinfected, uniformly preserved and offensive odors eliminated before the remains are casketed.

6.4 Preparation of Remains – (Body is intact)

Each remain, viewable and non-viewable, requires variation in the embalming treatment to accomplish the optimum results. A recommended procedure to achieve these goals is the injection of the solution at a moderate rate. The addition of a humectant to the solutions is also helpful in reducing over-dehydration effects.

6.5 Processing Non-viewable Remains.

6.5.1 For all remains, multi-site injection and drainage technique shall be attempted.

6.5.2 For autopsied cases, incisions shall be tightly sutured and treated to prevent leakage.

6.5.3 Restorative work such as derma surgery, if required, shall be used to present a normal lifelike appearance.

6.5.4 Body areas shall be treated by means of a trocar, using undiluted cavity chemicals having a 30 index (%) or greater. In addition, packs, special gels and or dry sanitizers shall be used to assure preservation, prevent leakage, and eliminate all offensive odors (if required.)

6.5.5 Cranial, thoracic, and abdominal cavities, when present, shall be relieved of gasses and distention. The cavities shall then be treated by injecting a minimum of 32 ounces of a concentrated cavity chemical, having a 30-index (%) or greater.

6.5.6 When material injection and/or cavity treatment is impossible, all matriculated and disarticulated anatomical portions shall be thoroughly disinfected and preserved via accessory chemical embalming techniques.

6.5.7 Non-injectable intact remains and/or disarticulated anatomical portions shall be immersed or hypo-injected with trocar and/or syringe and needle, using full strength cavity chemicals 30-index (%) or greater. Surface application of liquid, gel, or dry sanitizers and preservatives is also required to supplement primary needle and/or hypo injection techniques.

6.6 Processing Viewable Remains.

6.6.1 A thorough pre-embalming case analysis shall be made in order to determine the best embalming techniques to be used to obtain optimum results.

6.6.2 The technique of arterial injection and venous drainage is of utmost importance as well as the need for adding humectant (moisture retention chemicals) to the arterial solution injected.

6.6.3 The mineral chemical injection solution shall contain a 2% to 3% concentration, by volume, of aldehyde or aldehyde derivative preservative agent(s), with equal parts of a humectant chemical also being added to the injection solution.

6.6.4 The thoracic, abdominal, and pelvic cavities shall be thoroughly aspirated and injected with full-strength cavity chemicals having a 30 index (%) or greater, using a minimum of 16 ounces for each cavity.

6.6.5 Needle injections, packs, or other special treatments shall be accomplished, as required, to assure the preservation and disinfection of all body tissues, including those associated with body cavities (organs).

6.6.6 A lanolin-based (or comparable) massage cream shall be applied on the face and hands.

6.6.7 For autopsied remains. Incisions shall be tightly sutured and treated to prevent leakage.

6.6.8 Autopsied Remains. If a partial or complete autopsy is performed, a 6-point injection with multisite drainage shall be accomplished, using arterial chemical solutions as specified for processing viewable remains.

6.7 Other Preparations of the Body remains

6.7.1 The following services shall be provided includes dressing, make-up, casketing, hair care, post-autopsy care, refrigeration and reconstruction/restorative arts.

6.7.2 Treatment of Scalp. If the scalp was shaved because of medical treatment or surgery, processing or reprocessing shall be accomplished as specified for viewable remains, after which the cranium shall be wrapped with gauze or equivalent in a neat and professional manner.

6.7.3 Mutilated Hands. If the hands are mutilated and restoration is not possible, the hands shall be treated in a manner, which shall render the tissue firm, dry, and thoroughly preserved. The hands shall be covered by either wrapping with gauze or equivalent in a neat and professional manner, or by placing surgical gloves on the hands.

6.7.4 Dressing Remains. The VA or the deceased veteran’s family will provide the appropriate clothing to be used in the burial. Appropriate underclothing and hose shall be provided by the VA or family.

6.8 Casket.

Remains shall be placed in the casket in a manner that will create an appearance of rest and composure and ensure maintenance of position during transit.

6.8.1 Casket Type and Material. At a minimum, the casket should be constructed from thick, strong particle board and be sufficient strength to support the weight of an adult human body. Cardboard or pressed paper or similar materials are not acceptable.

6.8.2 The casket shall be of sufficient size to prevent the appearance of crowding and cramping the remains.

6.9 United States (US) Flag.

The US flag will be furnished by the VA to be draped over the casket at the time of funeral service.

6.10 Transport and Storage of the Deceased Veteran.

6.10.1 Transport Vehicles. The Contractor shall have the necessary vehicles to transport the body from the Fresno VAMC to the funeral home and then from funeral home to the National Cemetery for interment or inurnment.

6.10.2 Loading the Casketed or the Cremated Remains. The remains shall be carefully and professionally placed in the type of vehicle normally used in for funeral services.

6.10.3 Transportation of Remains. The Contractor shall coordinate and transport the body or unclaimed remains in a funeral coach, ambulance, and hearse or service car to the Contractor’s facility; and when ready for burial, the Contractor shall transport it to the National Cemetery for burial. (Site is Santa Nella National Cemetery located at 32053 West McCabe Road, Santa Nella, California 95322.

6.10.4 In the event that interment or cremation is to be other than at the Santa Nella National Cemetery, additional expenses may be allowed for transportation.

6.10.5. Storage of Deceased Veteran. The Contractor shall have adequate storage space to hold and store (refrigeration) the remains until burial arrangements are confirmed.

6.10.6 Place of Burial.

6.10.7. Mortuary services ordered by the VA will specify the interment to be Santa Nella National Cemetery. The burial plot, the marker and services for opening and closing the grave, and placing the marker, will be furnished by the VA.

6.11 Permits/Licenses to operate. The Contractor shall possess the current transit permit at the time of award of Contract. Permits covering burial, cremation or removal of the body, if required, are to be secured and paid for by the Contractor.

6.11.1. IAW with the California State Board of Funeral Directors and Embalmers, the Contractor shall provide proof of license for the establishment and funeral home director(s), prior to commencing any work under this contract.

6.11.2. The Contractor’s employees shall have the appropriate and current license(s) prior to commencing work under this contract. Copies of registrations and licenses shall be furnished upon COR’s request. The Contractor shall be responsible for maintaining Workers Compensation and Professional Liability Insurance, as well as remaining current on Federal, State and Medicare payments. See Supplemental Insurance Requirements clause.

6.12 Contractor’s Quality Control Program (QCP)

The Contractor shall implement and maintain a complete quality control (QC) program so that all requirements are provided for as specified in all sections of this contract. The Contractor’s QCP shall include but not be limited to the following:

a) A statement describing how the Contractor will meet the basic requirements of this contract (including staffing levels, time of response) shall be provided to the Contracting Officer’s Representative (COR) fifteen (30) days after effective date of contract award and whenever there are major turnover of personnel. A major turn-over is two or more employees.

b) A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable. The QCP shall contain processes for corrective actions without dependence upon Government direction and shall maintain records of all Contractor QC inspections and corrective actions.

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

6.12.1 The COR or designated representative will monitor the Contractor's performance using the Contractor’s QCP.

6.12.2. The Contractor shall provide at least semi-annual quality control or assurance report to the COR. The report shall include the results of the reviews, identification of problems and a correction plan.

6.13 Miscellaneous Items

Coordination with the National Cemetery and the COR shall occur frequently to ensure the deceased veteran is buried properly and timely. The Contractor shall keep the COR or DR informed as to the timeline of events.

6.13.1. COR responsibilities. The COR or DR will coordinate with the Contractor to ensure the proper documents and items are provided such as the DD 214 and/or other documents to verify Veterans Eligibility to be buried at the National Cemetery.

6.14. Security Requirements

The Computer and Access requirements do not apply and that a Security Accreditation Package is not required. The Contractor shall sign and follow confidentiality statements as required per Section 16.15.

6.15 VA Sensitive Information

The Contractor is expected to perform functions that will require access to VA sensitive information. In the course of providing services, it will be necessary for the Contractor to, view and receive protected health information (PHI), and personnel identifiable information (PII). Contracts, in which VA sensitive information are accessed by a Contractor require the following requirements per 38 U.S.C 5723 and 5725:

a) A prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor 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’ See VA Handbook 65006, Appendix C, paragraph 3.a.

b) A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor /subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO (Installation Security Officer), and Privacy Officer for the contract. The term ‘security incident’ means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA Handbook 6500.6, Appendix C paragraph Ga.

Section 7: References and Attachments VHA Handbook 1601B.04, Decedent Affairs, effective February 8, 2013; https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5627

Title 38 United States Code (U.S.C.) 101 Definitions; https://www.govinfo.gov/app/details/USCODE-2016-title38/USCODE-2016-title38-partI-chap1-sec101&collectionCode=USCODE

Title 38 U.S.C. 2301 Flags; https://www.govinfo.gov/content/pkg/USCODE-2016-title38/html/USCODE-2016-title38-partII-chap23.htm

Title 38 CFR 17.170 Autopsies; https://ecfr.io/Title-38/se38.1.17_1170

VA Handbook 6500.6, Contract Security, Appendix C is available at: https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=485&FType=2

Attachment 1: Wage Determination 15-5609 (Rev 8) 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 (MAY 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:

[] (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] [] (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).

[] (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.

[] (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)).

[] (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.

[] (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.

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

[] (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).

[] (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)(13)).

[] (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).

[] (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)

Page 1 of

Page 1 of

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Attachment #3 WD 2015-5609 Rev 8 Fresno.

Page 1 of

Page 1 of

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)