36C26219Q0697-001.pdf

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 20

691-19-2-921-0094

36C26219Q0697 05-13-2019

FREDY A ARTEAGA 562-766-2224 05-22-2019

4:00 PM PST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

311119

500 Employees

N/A

X

Department of Veterans Affairs

VAMC GREATER LOS ANGELES/SEPULVEDA

11301 WILSHIRE BOULEVARD

LOS ANGELES CA 90073

00262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center P.O. Box 149971

Austin TX 78714-9971

See CONTINUATION Page

PLEASE REVIEW THE SCHEDULE AND STATEMNT OF WORK.

THIS SOLICITATION IS FOR A BLANKET PURCHASE AGREEMENT FOR A

BPERIOD OF PERFORMANCE FROM JUNE 1, 2019 TO MAY 31, 2024.

ALL QUESTIONS MUST BE SUBMITTED BY FRIDAY MAY 17, 2019

4:00 PM PST PLEASE SUBMIT VIA EMAIL TO

FREDY.ARTEAGA@VA.GOV

ALL QUOTES MUST BE SUBMITTED BY WEDNESDAY MAY 22, 2019 BY

4:00 PM PST.

See CONTINUATION Page

VA262-16-Q-0286

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - ADMINISTRATION DATA

B.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

B.2 DESCRIPTION OF AGREEMENT

B.3 SCHEDULE AND ESTIMATED QUANTITIES

B.3 STATEMENT OF WORK

B.5 ADITIONAL FSS BPA ADMINISTARTION DATA

SECTION C - BPA TERMS, CONDITIONS AND CLAUSES

C.1 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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

C.3 52.216-18 ORDERING (OCT 1995)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 RFQ INTRODUCTORY LANGUAGE

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO CONTRACTORS –

COMMERCIAL ITEMS

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

36C26219Q0697

SECTION B - ADMINISTRATION DATA

B.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

(Continuation of Standard Form 1449, block 20)

1. FSS BPA Administration: All BPA administration matters will be handled by the following individuals:

a. GOVERNMENT: Fredy A Arteaga – Contract Officer

Department of Veterans Affairs, VISN 22 - Network Contracting Office 4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815

b. Contractor:

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

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi Annually [ ]

c. Other [ X] MONTHLY/UPON DELIVERY OF SUPPLIES

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 Financial Services Center P.O. Box 149971 Austin TX 78714-9971 http://www.tungsten-network.com/us/en/veteransaffairs

Monthly invoices shall be submitted to the VA no later than 10 days past the last day of the billing period.

Contractor shall submit electronic invoices via Tungsten network or other acceptable system by VA FSC. Invoices submitted to VA FSC other than the electronic, will NOT be processed for payment.

Contractor may contact (877) 353-9791 for invoice inquiries. Incomplete and incorrect invoices shall be returned for correction.

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

AMENDMENT NO DATE

B.2 DESCRIPTION OF AGREEMENT

1. INTENT: Pursuant to FAR Part 13.303, it is the intent of the Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22 to establish a Single Award Open Market BPA, for the of lab animal feed, bedding and all associated supplies to perform and complete as outlined in this BPA solicitation. The awarded Contractor agrees to the following terms of the BPA exclusively with the VISN facility listed in below.

This BPA will be reviewed at least annually prior to the exercise of each Option Year to ensure the BPA terms are met, to assess current market conditions, and to determine price reasonableness. Additional discounts maybe requested by NCO 22 at any time. The BPA shall not exceed sixty-six (66) months from the effective date of the BPA.

2. PRICES AND TERMS: An estimated amount of lab animal feed and bedding required by VA Greater Los

Angeles Healthcare System is provided in Section B.3. Pricing shall be based on he quantities the Government has provided in Section B.3 and are not guaranteed quantities; they are estimates ONLY.

3. TERM OF AGREEMENT: This BPA shall have a Base year and 4 Option year terms. Additional discounts maybe requested by NCO 22 at any time. If the Contractor fails to perform in a manner satisfactory to the CO, this BPA may be canceled with a thirty (30) days written notice to the Contractor by the CO. The BPA shall be extended each year via the Options at the discretion of the Government.

4. ORDERS: This BPA is a pricing agreement and does not obligate any funds. The Government is obligated only to the extent of authorized Delivery Orders (DO) issued under the BPA by authorized individuals. DO’s shall be identified by the BPA Number (TBD) and DO Number (TBD). Any DO issued during the effective term of this BPA shall be completed by the Contractor within the time specified in the DO. The Contractor shall accept the price, terms and conditions of an issued DO as long as they do not conflict with the terms set forth in the BPA.

5. ORDERING METHOD: All orders shall be placed against valid DO’s signed by the CO. The CO shall designate primary facility POCs, as necessary, which may coordinate service quantities and schedule via Electronic Data Interchange (EDI), telephone, facsimile, email or other written communication, identifying the products by number, quantity, purchase price, address for delivery, and any special instructions.

6. PARTICIPATING FACILITY: At this time, the VA Greater Los Angeles and Sepulveda Healthcare Systems are the only active participants.

Active Participant address:

VA Greater Los Angeles Healthcare System

(VAGLAHS)

Supply Warehouse 11301 Wilshire Blvd. Los Angeles, CA 90073

VA Sepulveda Healthcare System

16111 Plummer Street North Hills, CA 91343

B.3 SCHEDULE AND ESTIMATED QUANTITIES

The quantities are an estimate and is not a guaranteed quantity under this BPA. The following is for:

VA Greater Los Angeles Supply Warehouse 11301 Wilshire Blvd. Los Angeles, CA 90073

GLA BASE YEAR: June 1, 2019 to May 31, 2020

Item

PRODUCT & DESCRIPTION

ESTIMATED

ANNUAL

QTY

MGF#

PRICE

PER UNIT

MONTHLY

TOTAL

1 ANCARE NESTLETS 2" X 2" 11 NES3600 $ $

CAT# 1816817-203 TESTDIET 5053 W

150PPM FENBENDAZOLE 5BV4

5BV4

CLEAR H2O DIETGEL 76A

W/CASEIN 2OZ CUPS 96/CS

72075022

EVER CLEAN EXTRA STRENGTH

MULTI CAT 25LB

712225

FROMM FOUR-STAR CHICKEN

DUCK & SALMON PATE CAT 5.5OZ

12/CS

11245

FROMM GOLD ADULT CAT 5LB 4 =

CS

11237

7 LABDIET FORMULAB 33LB 20 11565 $ $

8 LABDIET LAB CANINE DIET 50LB 12 5008CGP $ $

9 LABDIET MOUSE CHOW 50LB 51 5006Z2N $ $

LABDIET LAB RABBIT HIGH FIBER

15KG

5326CGP

11 LABDIET MOUSE CHOW 50LB 101 5015C2N $ $

LABDIET PICOLAB MOUSE 20 EXT

IRR 20LB

5R58‐20LB

LABDIET PICOLAB MOUSE 20%

25LB

5058C3N

14 LABDIET RMH 2500 50LB 245 5P14C2N $ $

LABDIET RODENT LAB CHOW 50LB

PELLET

5001C2N

16 PJ MURPHY SANI-CHIPS 2.2CF 510 3‐002 $ $

17 SHEPHERD ENVIRO-DRI 25 LB BOX 13 ED25 $ $

VE CAT 0.9OZ DUCK LIVER FD

12=CS

VE CAT 1OZ CHICKEN BREAST FD

12=CS

MONTHLY ESTIMATE $

The quantities are an estimate and is not a guaranteed quantity under this BPA. The following is for:

VA Sepulveda Healthcare System

16111 Plummer Street North Hills, CA 91343

SEPULVEDA BASE YEAR: June 1, 2019 to May 31, 2020

Item

PRODUCT & DESCRIPTION

ESTIMATED

ANNUAL

QTY

MGF#

PRICE

PER UNIT

MONTHLY

TOTAL

1 ANCARE NESTLETS 1" X 1" 1 NES7200 $ $

2 ANCARE NESTLETS 2" X 2" 2 NES3600 $ $

CD DOG ALL LIFE STAGES 13OZ

CAN 12/CS

CD DOG CHICKEN & RICE 13OZ

CAN 12/CS

CLEAR H2O DIETGEL 76A

W/CASEIN 2OZ CUPS 96/CS

72075022

DIA DOG CHICKEN BISCUITS 16OZ

6=CS

7 DIA DOG CHICKEN BISCUITS 19LB 1 9069 $ $

B.3 STATEMENT OF WORK

Greater Los Angeles Medical Care System Research Animal Food and Bedding

A. GENERAL INFORMATION

LABDIET AP CERTIFIED HD

CANINE 33LB

5L66

9 LABDIET LAB CANINE DIET 50LB 1 5006Z2N $ $

LABDIET LAB CANINE HIGH

DENSITY 33LB

5L18ZGP

LABDIET LAB RABBIT HIGH FIBER

15K

5326CGP

LABDIET PICOLAB MOUSE 20%

25LB

5058C3N

13 LABDIET RMH 2500 50LB 30 5P14C2N $ $

14 PINE SHAVINGS 8CF 4 0 $ $

15 PINE SHAVINGS 9CF 3 0 $ $

16 PJ MURPHY SANI-CHIPS 2.2CF 129 3‐002 $ $

17 SHEPHERD ENVIRO-DRI 25 LB BOX 3 ED25 $ $

SUNCOAST MINI FLAKE PINE

SHAVINGS 8CF

90550

ZUPREEM NATURES PROMISE

TIMOTHY HAY 14OZ 8/CS

99040

ZUPREEM NATURES PROMISE

TIMOTHY HAY 40OZ 3/CS

99060

MONTHLY ESTIMATE $

ESTIMATED TOTAL COST OF BASE YEAR/ BOTH LOCATIONS $_____________

1. Scope of Work: The Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22, has a requirement for Blanket Purchase Agreement (BPA) for Animal Feed and Bedding. The contractor shall provide all labor, packaging, and transportation necessary to provide animal feed and bedding in accordance with the Food and Drug Administration (FDA) guidelines and the Association for Assessment and Accreditation of Laboratory Animal Care International (AAALAC).

The supplies described above are to be provided to the following facilities:

WLA Campus Research Facility o Supply Warehouse o 11301 Wilshire Blvd. Los Angeles, CA 90073

SEP Campus Research Facility o Supply Warehouse o 16111 Plummer Street North Hills, CA 91343

The delivery location is subject to change as required by the designated authority or authorized personnel from Research and Development Service. The Contracting Officer Representative (COR) will notify the Contractor when delivery location changes

2. Estimated Period of Performance: The period of performance (POP) shall be for the BPA shall be a Base year plus four (4) Option Years

BASE YEAR: June 1, 2019 to May 31, 2020 OPTION YEAR 1: June 1, 2020 to May 31, 2021 OPTION YEAR 2: June 1, 2021 to May 31, 2022 OPTION YEAR 3: June 1, 2022 to May 31, 2023 OPTION YEAR 3: June 1, 2023 to May 31, 2024

B. GENERAL REQUIREMENTS

1. Packaging and Marking

a. Milling date and product composition must be indicated on all containers of feed. Milling date shall be no more than six (6) months prior to delivery, with a goal to ship all laboratory diets within sixty

(60) days of the milling date.

b. All supplies shall be adequately packaged to prevent damage during shipping, handling and storage.

Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The Contractor shall be required to replace unacceptable or damaged products

c. Each package shall be certified by the manufacturer to have met quality standards prior to shipment, in accordance with the FDA’s Good Laboratory Practices requirements

2. Bedding

a. Contractor shall be required to provide laboratory bedding that contains no hydrocarbons

3. Hours of Delivery/Service

a. All deliveries will be made during normal business hours, with the exception of National Holidays.

Each facility will specify their delivery hours, All deliveries are F.O.B. Destination. All deliveries must be accompanied with a packing slip with the contract number, obligation number, shipping address, delivery location, items/quantity ordered and items/quantity shipped.

4. Placing Orders

a. Orders shall be placed on a monthly/weekly or as needed basis by the designated official from the

Animal Research Facility. All orders are to be delivered within five (5) working days from the time the order is placed. Emergency deliveries may be necessary on occasions. During these occasions, deliveries shall be made within or no more than two (2) days.

5. Quarterly Usage Report

a. The contractor shall provide the designated VA personnel a usage report on a quarterly basis at minimum

B.5 ADITIONAL FSS BPA ADMINISTARTION DATA

1. INVOICE AND PAYMENT: An itemized invoice shall be submitted monthly or upon delivery of items.

Invoices shall be submitted to WWW.TUNGSTEN-NETWORK.COM in accordance with FAR Part 52.232- 34, Payment by Electronic Funds Transfer and VAAR Part 852.232-72.

The following information shall be listed on all invoices submitted: (failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor)

a. Facility’s Name and address where service was provided

b. BPA Number (For Example: 36262XXXXXXX)

c. Purchase Order Number (For Example: 36262XXXXXXX)

d. Obligation Number (For Example: 691-AXXXX)

e. Itemized list of services provided, to include quantity, unit price

f. Include the period of time being invoiced for in the invoice

g. BPA Holder’s Internal Contract number (if applicable)

h. Contractor company name, address, and phone number including a POC for concerns and questions.

i. Invoices must name a specific person, the phone number and email.

2. CONTRACTOR TRACKING AND REPORTING: During the life of the BPA, the Contractor shall report monthly/quarterly the quantity of each of the line item delivered. The determination whether to report weekly or monthly shall be the easier of the two as determined by the Contractor. The report shall be submitted to the designated VA representative from the research facility.

SECTION C - BPA TERMS, CONDITIONS AND CLAUSES

This BPA is a pricing agreement and does not obligate any funds. The DOs issued against the BPA shall contain the applicable clauses which apply to each individual DOs. However, this single award BPA shall be competed and established IAW FAR Part 13, therefore, the Commercial Items clauses apply.

The Government is obligated only to the extent of authorized Delivery Orders (DO) issued under the BPA by authorized individuals. DO’s shall be identified by the BPA Number (TBD) and DO Number (TBD). Any DO issued during the effective term of this BPA shall be completed by the Contractor within the time specified in the DO. The Contractor shall accept the price, terms and conditions of an issued DO as long as they do not conflict with the terms set forth in the BPA.

C.1 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

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

This BPA 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

FAR Number Title Date

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(MAY 2015)

NOV 1999

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.237.70 CONTRACTOR RESPONSIBILITIES APR 1984

852.215-71 EVALUATION FACTOR COMMITMENTS DEC 2009

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE JUL 2016

852.215-71 EVALUATION FACTOR COMMITMENTS DEC 2009

52.232-18 AVAILABILITY OF FUNDS APR 1984

852.246-71 REJECTED GOODS OCT 2018

852.247-73 PACKING FOR DOMESTIC SHIPMENT OCT 2018

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

C.3 52.216-18 ORDERING (OCT 1995)

a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued during the period of the Base Year or any exercised Option Year.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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 CO 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 (APR 2010)(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 (Jul 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div.

C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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. (Aug 2013) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[X] (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 2014) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (OCT 2014) 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 (NOV 2011) (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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

[X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-13.

[] (37)(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.

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[X] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (42)(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.

[X] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (44) 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).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the CO 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).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (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) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 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.

(iv) 52.222-21, Prohibition of Segregated Facilities

(APR 2015). (v) 52.222-26, Equal Opportunity (APR

2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(ix) 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.

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

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

13627).

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

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

PAGE INTENTIONALLY LEFT BLANK

SECTION E - SOLICITATION PROVISIONS

E.1 RFQ INTRODUCTORY LANGUAGE

The terms and conditions of this RFQ (including any contract modifications) apply to the Blanket Purchase Agreements (BPA) and task or delivery orders issued under the contract as a result of this RFQ. When the delivery terms, FOB terms, or ordering requirements have been modified by the BPA or task/delivery order, those modified terms will apply to all purchases made pursuant to it and will take precedence. In the event of an inconsistency between the terms and conditions of a BPA or task/delivery order and the Contractor's terms, other than those identified above, the terms of the BPA will take precedence.

E.2 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 CO will make their full text available. The Contractor is cautioned that the listed provisions may include blocks that must be completed by the Contractor and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Contractor 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

FAR Number Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2016

52.212-3 CONTRACTOR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS

MAR 2015

(End of Provision)

E.3 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO CONTRACTORS –

COMMERCIAL ITEMS

1. NOTICE TO CONTRACTORS: The awarded Contractor is advised that only the CO, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery, unless otherwise specified within this solicitation. In the event the Contractor initiates any such change at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase of costs incurred as a result thereof.

This RFQ has been issued IAW FAR Part 13.303 -- Blanket Purchase Agreements (BPAs), Subpart

13.5 and Subpart 19.5, as a set-aside for Small Businesses. The selected North American

Industrial Classification System (NAICS) code for this requirement is 311119 with a size standard of 500 employees. The selected Product Service Code (PSC) for this requirement is 8710.

2. MISSING PAGES: It is the responsibility of each Contractor to examine the RFQ to verify that all they have all the pages, to include all attachments. In addition, in compiling this package some pages may have been duplicated. If you feel that you are missing pages or have duplicate pages, you are urged to contact the person listed on the SF 1449, Block 7a/b.

3. RECEIPT OF QUOTES: All completed and signed quotes shall be electronically submitted via email to the CO, Fredy A. Arteaga, at fredy.arteaga@va.gov prior to the date and time listed within this solicitation. All quotes must be received by Wednesday, May 22, 2019 @ 4:00P M PST.

4. RECEIPT OF QUESTIONS: All questions concerning this solicitation shall be submitted to the CO in writing no later than Friday, May 17, 2019 @ 4:00 PM PST. Questions received after deadline will not be addressed.

5. PAST PERFORMANCE: The contractor must submit at a minimum, 3 past performance contracts with as satisfactory rating or above with similar scope as this RFQ.

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Each submitted quote, attachments and/or information shall be reviewed by the designated technical evaluator/s and verification that all submissions meet the requirements included in this solicitation.

1. Pricing Only

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)