36C26318Q0216-00001001.pdf

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5.

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 Listed on BPA Calls

Issued Against BPA.

SOLICITATIO6N NUMBER

36C26318Q0216

Douglas H Reed 605-336-3230 02-28-2018 10:00am CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

561730

$7.5 Million

X

N/A

X

Department of Veterans Affairs Iowa City VA Health Care System 601 Highway 6 West

Iowa City IA 52246

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Department of Veterans Affairs Financial Services Center Via the Tungsten Network Refer to VAAR Clause 852.232-72

Provided on BPA Calls Issued Against BPA.

X X

Douglas H. Reed Contracting Officer

6. SOLICITATION ISSUE

DATE

1-29-2018

36C26318Q0216

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK (SOW)……………………………………………………………4

B.3 OTHER BPA TERMS AND CONDITIONS…………………………………………………7

B.4 PRICE SCHEDULE…………………………………………………………………………..8

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017)

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

C.3 52.216-18 ORDERING (OCT 1995)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.7 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE

POSTER (DEC 1992)

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.9 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

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

1998)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 45

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: To be determined

b. GOVERNMENT: Contracting Officer 36C438

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X]; upon Government acceptance of each service performed under BPA call

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

Via the Tungsten Network

Refer to VAAR Clause 852.232-72

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK (SOW)

Description of Requirement

This is to establish a method of removing snow and ice from the Iowa City VA Health Care System (ICVAHCS) grounds. The Contractor shall provide all labor, equipment, tools, materials, and supervision necessary to remove snow and ice from all roadways, parking lots, sidewalks, steps, ramps, landings, crosswalks, and entryways at the ICVAHCS; this shall include salting/sanding specified areas.

Contractors shall provide hourly wages in accordance with U.S. Department of Labor Wage Determinations and FAR Subpart 22.10 (Service Contract Labor Standards); see Solicitation Attachment 2 (Wage Determination 2015-4983, Johnson County, IA).

Period of Performance

This will be a single award Blanket Purchase Agreement (BPA), for period of performance of 8/1/2018 to 7/31/2023. Services will be contracted through the issuance of BPA calls per each ordering period:

Ordering Period Period Begins Period Ends 1 8/1/2018 7/31/2019 2 8/1/2019 7/31/2020 3 8/1/2020 7/31/2021 4 8/1/2021 7/31/2022 5 8/1/2022 7/31/2023

Scope of Work

The Contractor shall remove snow and ice by plowing, blowing, brushing, sweeping, shoveling, or other suitable means not harmful to the traffic surface as necessary to produce and maintain safe passage of pedestrians and vehicles.

The Contractor shall apply sand, salt, etc., to treat the existing or developing unsafe conditions to produce safe passage of pedestrians and vehicles. The materials used by the Contractor shall not be damaging to the surface receiving the materials. Most generally, the VA will supply deicing material.

All equipment used and stored, all materials used and stored, and all removal methods used to displace snow and ice from surfaces shall be done in such a manner as to not cause damage to grass (turf), landscaping, trees, shrubs, vehicles, structures, fixtures, and people. Pertinent codes and regulations shall be adhered to such as U.S. Environmental Protection Agency (EPA), National Fire Protection Association (NFPA), etc.

Snow and ice shall be placed in piles at designated locations specified by the ICVAHCS. The Contractor may be asked to haul snow away from VA property.

Please refer to Solicitation Attachment 2 – Site Map – Snow and Ice Removal for map of areas to conduct snow and ice removal.

The Contractor shall mobilize and report within one (1) hour from the time of notification by the Contracting Officer's Representative (COR) or designee to treat traffic surfaces and action shall be continuous until treatment is no longer necessary. Notification can occur at any time, 24 hours a day, seven (7) days a week, including Federal Holidays. A call to the contractor may request to pre-salt specified areas when there is a forecast of snow.

All work shall be performed in the order prescribed by the ICVAHCS using a checklist and plot plan. The order of work may vary from one snowfall to the next.

In the event of special circumstances, i.e., the snow turning to rain or freezing rain making removal efforts ineffective, permission may be sought from the COR or designee to discontinue the plowing or the de-icing or both.

Each snow/ice abatement call requires the inspection and acceptance of the COR or designee upon completion before payment for that work can be authorized.

Walks and roadways shall have de-icing materials applied by a spreader-sander. De-icing materials shall be applied to steps and landings by hand. Entryways and ramps shall receive de-icing materials by hand or spreader as dictated by ease of access. Application by any method shall not be of a clumping effect.

All fire hydrants/fire lanes shall be kept clear of ice/snow and obstructions.

All tables, benches, trash receptacles, smoke shelters, and bus stops shall be kept clear of ice/snow and obstructions.

Excessive buildup of sand and debris which may cause unsafe passage of pedestrians and vehicles shall be removed within one (1) hour from the time the Contractor is notified by the COR or designee.

Roadway entrances/exits, bus stop passageways, sidewalks, and walkways obstructed by State and City snow plowing operations shall be kept clear by the Contractor.

Equipment used shall be comparable or better than that used by the ICVAHCS in the past:

UTV/Tractor - rotary broom/front blade no larger than 8ft.

Garden-type tractor with blade Uniloader/Skid Loader - bucket Truck with sander and blade - truck GVWR under 2.5 tons, sander 2-3 cu. yd., blade 8 ft.

Manpower and equipment used shall be sufficient to provide an initial clean sweep of the ICVAHCS in three

(3) hours.

ICVAHCS will provide space in Building 20 for Contractor to store snow removal equipment if needed:

one (1) garden-type tractor with blade one (1) snow blower one (1) dozen bags de-icer one (1) skid loader gasoline and/or diesel cans of U.S Occupational Safety & Health Administration (OSHA)-approved safety type. All equipment will be filled out of doors. Safety cans will be stored in flammables storage cabinet provided by the VA.

ICVAHCS will provide space in close proximity to Building 20 for Contractor to store sand/salt pile.

ICVAHCS will provide key to Contractor for access to Building 20 during snow removal plus gate card to have access to parking lots and the medical center entrance. These will be checked out and back in through the Boiler Plant.

The Contractor will check in through the Boiler Plant upon arrival to do snow removal, check out the key and gate card assigned.

The Contractor will check out through the Boiler Plant when ready to leave the medical center upon completion of snow removal and return key and gate card.

Whenever the work requires the Contractor to gain temporary access to government controlled spaces, the Maintenance & Operations Supervisor will issue necessary keys/cards to the Contractor. The keys/cards issued are to remain on government property. The Contractor or his/her representative will be required to sign in receipt of any keys/cards issued and is responsible for returning them to the Maintenance & Operations Supervisor. In cases where keys/cards are lost or not returned to the government, funds in the amount of $100.00 for each key/core unit will be retained from the contract. The number of key/core replacements necessary to affect re-securing the areas will determine the total contract retainage.

There will be a Snow Removal Time Sheet to be filled out at the end of each snow event. This will document what equipment was used, how much time was spent, and each individual who worked and their hourly rate.

The total on this timesheet will correspond to the invoice received for total payment per job for each snow event. A copy of this timesheet will be left with the COR and an electronic version provided to COR upon COR request. After reviewing the timesheet, any corrections needed will be forwarded to the Contractor.

Invoice for payment will then be submitted electronically in a timely manner.

A walk through shall be done with the Contractor and the COR of the property prior to winter snow season to review and document existing conditions of the parking lot.

Contractors are required and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. Failure to inspect the site will no way constitute grounds for a claim after contract award.

This is a BPA with estimated number of jobs per snow/ice event. Actual number of jobs can equal, exceed, or be less than estimated number of jobs.

B.3 OTHER BPA TERMS AND CONDITIONS

AUTHORIZED LIMITS:

Minimum and maximum orders allowable are set forth in FAR Clause 52.216 (Order Limitations) of BPA and are also listed here:

Minimum Order: $5,000 per BPA call

Maximum Order: $500,000 per BPA call

OBLIGATION OF FUNDS:

The BPA does not obligate any funds. The Government is obligated only to the extent of authorized BPA calls actually issued and awarded under the BPA by the Contracting Officer.

PRECEDENCE:

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence. The Contractor's unconditional acceptance of this BPA, including all terms and conditions herein shall be considered binding upon the delivery of the first BPA call placed hereunder by a Contracting Officer. Failure of the Contractor to comply with any of the terms and conditions of the BPA and/or any BPA calls placed hereunder may be cause for the cancellation of this BPA.

CANCELLATION OF BPA:

The Government may cancel the BPA at any time by notifying the Contractor at least 30 days in advance.

BPA cancellation does not release the Contractor from their duty to continue BPA call performance.

Ongoing BPA calls continue in accordance with their own period of performance, even if the BPA is cancelled.

B.4 PRICE SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE SKID

LOADER WORK FOR

SNOW AND ICE

REMOVAL IAW

TERMS AND

CONDITIONS OF BPA

60.00 HR __________________ __________________

0002 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE

TRUCK/BLADE WORK

FOR SNOW AND ICE

REMOVAL IAW

0003 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE GARDEN

TRACTOR WORK FOR

SNOW AND ICE

REMOVAL IAW

110.00 HR __________________ __________________

0004 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE

SHOVELLING WORK

FOR SNOW AND ICE

REMOVAL IAW

100.00 HR __________________ __________________

0005 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE DEICER

WORK FOR SNOW

AND ICE REMOVAL

IAW TERMS AND

55.00 HR __________________ __________________

0006 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE SANDER

TRUCK WORK FOR

SNOW AND ICE

REMOVAL IAW

TERMS AND

CONDITIONS OF BPA

50.00 HR __________________ __________________

0007 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE LOADS OF

SAND/ICE MELT IAW

50.00 EA __________________ __________________

0008 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR SHALL

HAUL AWAY LOADS

OF SNOW IAW TERMS

AND CONDITIONS OF

BPA

75.00 EA __________________ __________________

0009 ORDERING PERIOD 1:

8-1-2018 TO 7-31-2019

CONTRACTOR TO

PROVIDE SNOW

BLOWER WORK FOR

SNOW AND ICE

REMOVAL IAW

50.00 HR __________________ __________________

1001 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE SKID

LOADER WORK FOR

SNOW AND ICE

REMOVAL IAW

1002 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE

TRUCK/BLADE WORK

FOR SNOW AND ICE

REMOVAL IAW

1003 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE GARDEN

TRACTOR WORK FOR

SNOW AND ICE

REMOVAL IAW

1004 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE

SHOVELLING WORK

FOR SNOW AND ICE

REMOVAL IAW

1005 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE DEICER

WORK FOR SNOW

AND ICE REMOVAL

1006 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE SANDER

TRUCK WORK FOR

SNOW AND ICE

REMOVAL IAW

1007 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE LOADS OF

SAND/ICE MELT IAW

1008 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR SHALL

HAUL AWAY LOADS

OF SNOW IAW TERMS

1009 ORDERING PERIOD 2:

8-1-2019 TO 7-31-2020

CONTRACTOR TO

PROVIDE SNOW

BLOWER WORK FOR

SNOW AND ICE

REMOVAL IAW

2001 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE SKID

LOADER WORK FOR

SNOW AND ICE

REMOVAL IAW

2002 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE

TRUCK/BLADE WORK

FOR SNOW AND ICE

REMOVAL IAW

2003 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE GARDEN

TRACKTOR WORK

FOR SNOW AND ICE

REMOVAL IAW

2004 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE SHOVELING

WORK FOR SNOW

AND ICE REMOVAL

2005 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE DEICER

WORK FOR SNOW

AND ICE REMOVAL

2006 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE SANDER

TRUCK WORK FOR

SNOW AND ICE

REMOVAL IAW

2007 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE LOADS OF

SAND/ICE MELT IAW

2008 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR SHALL

HAUL AWAY LOADS

OF SNOW IAW TERMS

2009 ORDERING PERIOD 3:

8-1-2020 TO 7-31-2021

CONTRACTOR TO

PROVIDE SNOW

BLOWER WORK FOR

SNOW AND ICE

REMOVAL IAW

3001 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE SKID

LOADER WORK FOR

SNOW AND ICE

REMOVAL IAW

3002 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE

TRUCK/BLADE WORK

FOR SNOW AND ICE

REMOVAL IAW

3003 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE GARDEN

TRACKTOR WORK

FOR SNOW AND ICE

REMOVAL IAW

3004 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE SHOVELING

WORK FOR SNOW

AND ICE REMOVAL

IAW TERMS AND

CONDITIONS OF BPA

100.00 HR __________________ __________________

3005 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE DEICER

WORK FOR SNOW

AND ICE REMOVAL

3006 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE SANDER

TRUCK WORK FOR

SNOW AND ICE

REMOVAL IAW

3007 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE LOADS OF

SAND/ICE MELT IAW

3008 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR SHALL

HAUL AWAY LOADS

OF SNOW IAW TERMS

3009 ORDERING PERIOD 4:

8-1-2021 TO 7-31-2022

CONTRACTOR TO

PROVIDE SNOW

BLOWER WORK FOR

SNOW AND ICE

REMOVAL IAW

4001 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE SKID

LOADER WORK FOR

SNOW AND ICE

REMOVAL IAW

4002 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE

TRUCK/BLADE WORK

FOR SNOW AND ICE

REMOVAL IAW

4003 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE GARDEN

TRACKTOR WORK

FOR SNOW AND ICE

REMOVAL IAW

4004 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE SHOVELING

WORK FOR SNOW

AND ICE REMOVAL

4005 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE DEICER

WORK FOR SNOW

AND ICE REMOVAL

4006 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE SANDER

TRUCK WORK FOR

SNOW AND ICE

REMOVAL IAW

4007 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE LOADS OF

SAND/ICE MELT IAW

4008 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR SHALL

HAUL AWAY LOADS

OF SNOW IAW TERMS

4009 ORDERING PERIOD 5:

8-1-2022 TO 7-31-2023

CONTRACTOR TO

PROVIDE SNOW

BLOWER WORK FOR

SNOW AND ICE

REMOVAL IAW

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.

To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

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 from the effective date of the contract through 07/31/2023.

(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.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $500,000;

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within three (3) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.5 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)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

C.7 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS

HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns.

Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

C.9 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.

To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(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.

(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. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange…