36C26120Q0381-001.docx

36C26120Q0381

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 ATTA

CHED

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. SIGNAT

URE 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

570-20-2-141-0140 36C26120Q0381 03-30-2020 Larry Facio

(916) 923-4553 04-15-2020 4:00pm (PST)

612MCP

Department of Veterans Affairs

VA

Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 X X 561210 $41.5 Million 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 Water Samplling, Testing for Legionella and HPC at VA Central Calfironia Health Care System in Accordance With Performance Work Statement.

570-3600162-141-851100-2548 010050192 X X

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

Quarterly (Estimated 171 Per Qtr) Water Sampling - Specimen Collection in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Contract Period: Base POP Begin: 05-01-2020 POP End: 04-30-2021

Quarterly (Estimated 92 Per Qtr) Water Testing - Laboratory Analysis for Legionella in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Quarterly (Estimated 79 Per Qtr) Water Sampling and Testing - Laboratory Analysis HPC in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 113 Water Specimen Collection and Laboratory Analysis-Legionella).

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 60 Laboratory Analysis-HPC).

Quarterly (Estimated 171 Per Qtr) Water Sampling - Specimen Collection in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Contract Period: Option 1 POP Begin: 05-01-2021 POP End: 04-30-2022

Quarterly (Estimated 92 Per Qtr) Water Testing - Laboratory Analysis for Legionella in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Quarterly (Estimated 79 Per Qtr) Water Sampling and Testing - Laboratory Analysis HPC in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 113 Water Specimen Collection and Laboratory Analysis-Legionella).

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 60 Laboratory Analysis-HPC).

Quarterly (Estimated 171 Per Qtr) Water Sampling - Specimen Collection in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Contract Period: Option 2 POP Begin: 05-01-2022 POP End: 04-30-2023

Quarterly (Estimated 92 Per Qtr) Water Testing - Laboratory Analysis for Legionella in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Quarterly (Estimated 79 Per Qtr) Water Sampling and Testing - Laboratory Analysis HPC in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 113 Water Specimen Collection and Laboratory Analysis-Legionella).

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 60 Laboratory Analysis-HPC).

Quarterly (Estimated 171 Per Qtr) Water Sampling - Specimen Collection in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Contract Period: Option 3 POP Begin: 05-01-2023 POP End: 04-30-2024

Quarterly (Estimated 92 Per Qtr) Water Testing - Laboratory Analysis for Legionella in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Quarterly (Estimated 79 Per Qtr) Water Sampling and Testing - Laboratory Analysis HPC in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 113 Water Specimen Collection and Laboratory Analysis-Legionella).

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 60 Laboratory Analysis-HPC).

Quarterly (Estimated 171 Per Qtr) Water Sampling - Specimen Collection in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Contract Period: Option 4 POP Begin: 05-01-2024 POP End: 04-30-2025

Quarterly (Estimated 92 Per Qtr) Water Testing - Laboratory Analysis for Legionella in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Quarterly (Estimated 79 Per Qtr) Water Sampling and Testing - Laboratory Analysis HPC in Accordance With Performance Work Statement and Attachment #1: Quarterly Water Sampling and Testing.

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 113 Water Specimen Collection and Laboratory Analysis-Legionella).

Emergency, Urgent, and Retesting Water Sampling and Testing Services in Accordance With Performance Work Statement. (Estimated 60 Laboratory Analysis-HPC).

GRAND TOTAL

Performance Work Statement Legionella/HPC Water Sampling and Testing VA Central California Health Care System

Section 1: General Information

1.1 General: This is a non-personnel service to obtain domestic, dental chair water line, and industrial cooling tower water sampling and laboratory testing services required per Veteran’s Health Administration (VHA) Directive 1061 Legionella Disease and Scald Injury Prevention.

1.3 Place of Performance: VA Central California Health Care System 2615 E. Clinton Ave Fresno, CA 93703

1.4 Hours of Operation: Due to the time sensitive nature of water sample analysis, sampling services for legionella testing will be required to be conducted during business hours (Monday-Thursday, 0600-1700, excluding federal holidays). Samples associated with the dental chairs must be obtained before 7:00 AM or after 4:30 PM.

1.5 Recognized Holidays: Contractor is not to perform services on holidays listed below, or any other holiday authorized by the President or Congress of the United States.

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

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.

Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates.

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 N/A Section 4: Contractor Furnished Items and Services

4.1 The Contractor shall provide all personnel and supervision necessary to assure that all services are in accordance with 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.

Section 5: Specific Tasks The Contractor shall provide management, supervision, labor, parts, reagents and testing materials, tools, incidental engineering services, and transportation necessary to perform the legionella and heterotrophic plate count services of selected potable water outlets, dental chair water lines, and industrial cooling tower basins.

Work outside the scope of the contract shall not be performed unless authorized by the Contracting Officer (CO). Contract modification requests by either Contract or COR, shall be formally submitted for review within 10 calendar days. No contract modification will be effective until the Contracting Officer has approved the modification, in writing, and the modification has been signed by both parties.

5.1 Water Sampling and Field Testing

5.1.1 Quarterly

5.1.1.1. Contractor shall be responsible for procurement of containers that are suitable for the testing required per VHA 1061 directive. Sampling collection procedures, storage and shipment shall follow Center for Disease Control (CDC) and Occupational Safety and Health Administration (OSHA) requirements and recommendations. Each water sample will be collected in a sterile, unused, leak-proof container provided by the Contractor.

5.1.1.2. Contractor’s staff shall wear appropriate personal protective equipment (PPE) when obtaining samples from cooling towers or any potentially contaminated water source. At a minimum this shall consist of eye protection, respirator, and exam gloves.

5.1.1.3. Contractor’s staff shall receive training pertaining to the collection, storage and shipment of Legionella and HPC samples. Training shall occur before any samples are collected in execution of this Contract and shall be renewed annually. Contractor will submit a written document detailing the training procedure and affirming that such training has been provided before execution of sample collection.

5.1.1.4. Each quarter the contractor will collect 86 domestic water and 6 industrial water samples for legionella, 73 dental water line samples for HPC, and 6 industrial cooling tower water samples for HPC.

5.1.1.4.1 Legionella water sampling locations shall consist of twenty-two (22) outlets in Building 31, twenty (20) outlets in Building 28, twenty-two (22) water outlets in Building 1, and twenty-two (22) outlets located in the Emergency Department. Each building will have an equal number of hot and cold-water samples collected, (for example, when collecting water samples from Building 31, 11 hot water samples and 11 cold water samples would be collected). The contractor is to select different outlets (when not otherwise instructed) to obtain samples from in lieu of sampling the same outlets each cycle. Outlets to be tested are listed on Attachment #1, Quarterly Water Sampling and Testing.

5.1.1.5 Condition of the sample shall be documented at the time of the draw. At a minimum, these will include: location, temperature, level of residual secondary biocide*, and pH.

*Current secondary disinfection is chlorine dioxide. The facility reserves the right to switch products at will.

5.1.1.6 Locations are listed in the PWS Addendums below under “Quarterly Water Sampling Locations.” The Government reserves the right to add or subtract testing locations and not be limited to the locations listed in Attachment #1, Quarterly Water Sampling and Testing.

5.1.2. Emergency/Urgent/Retesting: When declared by COR, contractor shall perform water sampling and testing based on declared need related to Emergency, Urgent, or follow-up to positive Re-testing. The number of requirements is estimated.

5.2 Shipping Samples to Laboratory and Lab Testing

5.2.1 Lab Testing shall be performed at a CDC Elite certified analytical laboratory with at least 5 years of experience in environmental testing as stated in the VHA Directive 1061 requirements. (i.e. A2LA, NELAP accreditation). Accreditation and certification shall be maintained for throughout the duration of the contract.

Legionella and HBC testing will be performed by culturing properly / appropriately prepared water samples on an appropriate media. Rapid testing methods shall not be used.

5.2.2 The Contractor shall ensure that samples collected for laboratory analysis are maintained under positive control, have appropriate documented chain-of-custody, are packed in leak-proof containers, and are shipped overnight to the laboratory.

5.2.3 Samples shall arrive at the laboratory within 24 hours of collection.

5.2.4 The contractor is responsible for any and all shipping/handling costs and materials.

5.2.4.1 Contractor will provide shipping data (tracking numbers, carrier, etc.) for samples shipped to the testing Laboratory (if applicable) within twenty-four hours of shipment. The contractor is responsible for all shipping materials, to include “blue ice” or other methods to maintain appropriate sample temperatures during shipment*.

*Contractor may coordinate with COR to ship ice packs, etc. to the site for freezing prior to the sampling event.

5.3 Data Management and Reporting

5.3.1 Chain of Custody, Certified Laboratory Analysis, and Executive Summary shall be type written and electronically submitted to the COR.

5.3.2 Chain of Custody shall provide all field obtained information, specific location information, and lab results. Only legible and type written reports will be accepted.

5.3.3 COR may make reasonable requests for hard copies as required and at no additional cost to the Government.

5.3.4 The contractor shall document all field test parameters, maintain sampling data electronically and in a format readily accessible.

5.3.5 The contractor shall review the lab results and notify the COR immediately upon detectable legionella or any out of parameter HPC results reported by the laboratory. Contact should be attempted by phone and email.

5.3.6 Cultures found positive for any species of Legionella will be stored in a manner which will allow further levels of identification (DNA) if requested by the Government. The disposition of such cultures will be determined by the Government within fifteen business days of notification by the Contractor of a positive legionella culture.

5.3.7 The contractor shall submit the final reports within 2 business days of lab testing completion.

5.4 Quality Assurance Surveillance Plan (QASP):

The timeliness and accuracy of the data provided by performing the contracted biological water testing is paramount to assuring a safe patient care environment. The Contractor is expected to perform the duties indicated in this PWS in a professional manner and in accordance with all applicable regulations, mandates, industry standards and general common sense. The Contractors performance rating factors will be as stipulated in Attachment #2, QASP.

5.5 Infection Control:

5.5.1. Tuberculin Screening:

5.5.1.1. Contractor shall provide written certification that any Contractor employees assigned to perform work at this facility have had a tuberculin screening, resulting in a negative TB screening reaction before starting work in patient care areas. Failure to provide appropriate written certification for Contractors on-site employees may result in refusal by the Government to allow the Contractor employee to perform work at this facility and/or removal from the facility grounds. (NOTE: Both the Center for Disease Control and Prevention (CDC) two-step skin testing method or a Food and Drug Administration (FDA)-approved blood test shall be considered acceptable screening processes.

5.5.1.2. Contract employees manifesting positive screening reactions to the tuberculin shall be examined per current CDC guidelines prior to working on VA property.

5.5.1.3. Subsequently, if the employee is found without evidence of active (infectious) pulmonary TB, a statement documenting examination by a physician shall be on file with the employer (work contractor), noting that the employee with a positive tuberculin screening test is without evidence of active (infectious) pulmonary TB.

5.5.1.4. If the employee is found with evidence of active (infectious) pulmonary TB, the employee shall receive treatment before being allowed to return to work on VA property. The Contractor shall have available for review by the Contracting Officer a subsequent statement from a physician noting that the employee is no longer infectious.

5.5.2 Hand Sanitizing:

5.5.2.1 Contractors staff shall sanitize their hands immediately upon entering a patient room and immediately before exiting a patient room. Sanitizing will be performed with warm water and anti-bacterial soap or hand sanitizing gel available on-site, adjacent to each patient care room.

5.5.3 Precautionary PPE:

5.5.3.1. On occasion, the Contractor may need to enter an area with heightened infection control requirements. Contractor will assure the use of the appropriate level of PPE for the infection control concern. In the event the appropriate PPE is unclear, Contractor shall seek assistance from the COR or Medical Staff.

5.6 Injury and Accident Reports

5.6.1. Contractor shall immediately report to the CO/COR in a manner and on the forms prescribed by the Government, accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease occurred on the VACCHCS campus.

5.6.2. Written reports for incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred.

5.7 Safety

5.7.1. During contract performance, the Contractor shall follow Government’s safety policy and standards for safe work practices and take such safety precautions as the VACCHCS Safety Officer or designee or the CO/COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VACCHCS smoking policy.

5.7.2. Contractor shall adhere to OSHA, EPA, NFPA Life Safety Codes, and other regulatory requirements. Safety shall be the Contractor’s highest priority. The Contractor shall be solely responsible for compliance with (Federal) OSHA regulations.

Section 6: Identification Badges, Parking, and Smoking Policy

6.1 Contractor staff performing work in and around the hospital shall have easily identifiable uniforms and company logos. Contractors are required to obtain temporary badges from the VA Police dispatch office prior to conducting sampling and testing.

6.2 Contractor staff shall adhere to all VA policies related to road, pedestrian, and smoking policies.

6.3 Contractor and Subcontractor personnel working on VACCHCS facilities must consent to Background Checks or shall be denied access to the VACCHCS facilities. Information required to conduct a Background Check includes: full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

6.4 Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

Section 7: Attachments Attachment #1: Quarterly Water Sampling and Testing Attachment #2: Quality Assurance Surveillance Plan (QASP) 36C26120Q0381 Attachment 3: Wage Determination 15-5609 (rev 2)

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 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Clause) C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

(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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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] [] (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] [] (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)).

[] (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)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (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 2020) (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 (OCT 2019) (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:

[X] (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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 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.

(vi) 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.

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

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

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

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

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

(xii) 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.

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

(xiv)(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).

(xv) 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).

(xvi) 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).

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

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

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

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of Clause)

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

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

(End of Clause)

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

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

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

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

(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. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Attachment #1 Quarterly Water Sampling and Testing.

See attached document: Attachment #2 QASP.

See attached document: Attachment #3 Wage Determination 15-5609.

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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)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

SUBMISSION INSTRUCTIONS

In addition to providing annual contact pricing, it is requested that the bid package also includes pricing for additional sampling and laboratory testing services, if deemed necessary, due to required retesting.

Please include the…