36C26319Q0572-001.docx

36C26319Q0572

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 SI

GN 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. SIGN

ATURE 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

36C26319Q0572 05-10-2019 Pamela Phillips 605-720-7020 05-24-2019

2:00 PM

Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade SD 57741 X X 541350 $7.5 Million X N/A X Department of Veterans Affairs VA Black Hills HCS Fort Meade Campus 113 Comanche Rd.

Fort Meade SD 57741 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade SD 57741

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 Contractor to perform all duties per attached Performance Work Statement.

See attached price schedule for price submittal.

DUNS#______________________________

X X X Pamela Phillips Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263 Pamela Phillips Department of Veterans Affairs Network 23 Contracting Office (NCO 23)

113 Comanche Rd.

Fort Meade SD 57741

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Statement of Work (SOW) St. Cloud VA IH Oversight Asbestos Abatement Building 48 Replace Windows Contractor to provide services of an Industrial Hygienist (IH) to monitor asbestos abatement at the St. Cloud VA Medical Center, 4801 Veterans Drive, St. Cloud, MN 56303.

The asbestos abatement will take place in Building 48 basement, first and second floors on the Veterans Health Administration St. Cloud (VHASTC) campus.

Overview of service includes:

· A licensed asbestos abatement contractor will be removing asbestos and lead containing windows and mastic. Due to potential interruption of VA employees, some work may have to be completed over multiple weekends, beginning at 4:30 pm Friday and completed by Sunday. If work is to be conducted on weekdays, the workday is between 8:00 am and 4:30 pm. Tentative abatement schedule in which IH oversight is required is as follows:

Total estimated days of required IH Services – 101 Days

· The contractor shall perform continuous air monitoring, inspection and testing outside and inside regulated areas, provide onsite analysis of air samples, ensure that asbestos contractor workers are clean shaven, and conduct pre-abatement and post-abatement inspection with the VA Industrial Hygienist (IH).

· Vendor to obtain certificate of workers acknowledgement and affidavit of medical surveillance, respiratory protection and training/accreditation for each worker that is on site to do the job.

· Conduct clearance monitoring.

· Provide VA with a final report which includes all applicable from the following: air monitoring methodology, certificate of visual inspection, clearance air sampling sign-in sheet, certificate of air clearance, sample location drawings, certificate of completion, laboratory analysis results, contractor’s license, contractor’s insurance certificate, contractor’s state notification and amendments, contractor’s asbestos-related work project permit, contractor’s asbestos project plan, contractor’s daily sign in sheets, contractors daily log, contractor’s enclosure sign-in sheet, worker’s certificates/licenses/medical clearance, OSHA personal air sampling record, landfill manifest, on-site monitor qualifications, air monitoring notification, and PLM bulk laboratory reports.

The contractor shall:

· Monitor the asbestos removal contractor in abiding by Minnesota Pollution Control Agency (MPCA), Minnesota Department of Health (MDH), Minnesota Occupational Safety and Health Administration (MNOSHA), Environment Protection Agency (EPA), and Occupational Safety and Health Administration (OSHA) rules and regulations.

· Notify VA IH or Project Manager if problems occur.

Any deviations in work schedule will be approved by the Contracting Officer.

COR: Cory Eggert, Engineering Technician Cory.eggert@va.gov (320) 255-6480, Ext. 6185 VA IH: Annette Hoheisel Annette.hoheisel@va.gov

(320) 255-6480 Ext. 6511

PRICE SCHEDULE

PERIOD OF PERFORMANCE: June 11, 2019 – June 12, 2020 Item No. Description of Item Unit Quantity Total Quantity 36C26319Q0572 0001 Asbestos Monitoring YR 1 Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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) [Reserved]

(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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

52.217-8 ADDENDUM:

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 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.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

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

(End of Clause)

C.6 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)

(End of Addendum to 52.212-4)

Page 1 of

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

WD 15-4954 (Rev.-7) was first posted on www.wdol.gov on 01/01/2019

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4954 Daniel W. Simms Division of | Revision No.: 7 Director Wage Determinations| Date Of Revision: 12/26/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Minnesota

Area: Minnesota Counties of Benton, Stearns **Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.01 01012 - Accounting Clerk II 16.84 01013 - Accounting Clerk III 18.84 01020 - Administrative Assistant 22.53 01035 - Court Reporter 18.27 01041 - Customer Service Representative I 11.85 01042 - Customer Service Representative II 13.33 01043 - Customer Service Representative III 14.54 01051 - Data Entry Operator I 13.36 01052 - Data Entry Operator II 14.57 01060 - Dispatcher, Motor Vehicle 20.54 01070 - Document Preparation Clerk 14.53 01090 - Duplicating Machine Operator 14.53 01111 - General Clerk I 14.21 01112 - General Clerk II 15.50 01113 - General Clerk III 17.40 01120 - Housing Referral Assistant 20.36 01141 - Messenger Courier 14.24 01191 - Order Clerk I 15.46 01192 - Order Clerk II 16.86 01261 - Personnel Assistant (Employment) I 15.94 01262 - Personnel Assistant (Employment) II 17.84 01263 - Personnel Assistant (Employment) III 19.88 01270 - Production Control Clerk 21.99 01290 - Rental Clerk 11.24 01300 - Scheduler, Maintenance 16.33 01311 - Secretary I 16.33 01312 - Secretary II 18.27 01313 - Secretary III 20.36 01320 - Service Order Dispatcher 18.28 01410 - Supply Technician 22.53 01420 - Survey Worker 17.44 01460 - Switchboard Operator/Receptionist 14.08 01531 - Travel Clerk I 14.01 01532 - Travel Clerk II 15.12 01533 - Travel Clerk III 16.22 01611 - Word Processor I 14.54 01612 - Word Processor II 16.33 01613 - Word Processor III 18.27 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 23.08 05010 - Automotive Electrician 16.46 05040 - Automotive Glass Installer 15.76 05070 - Automotive Worker 15.76 05110 - Mobile Equipment Servicer 14.52 05130 - Motor Equipment Metal Mechanic 17.12 05160 - Motor Equipment Metal Worker 15.76 05190 - Motor Vehicle Mechanic 17.86 05220 - Motor Vehicle Mechanic Helper 13.84 05250 - Motor Vehicle Upholstery Worker 15.20 05280 - Motor Vehicle Wrecker 15.76 05310 - Painter, Automotive 16.46 05340 - Radiator Repair Specialist 15.76 05370 - Tire Repairer 14.66 05400 - Transmission Repair Specialist 17.12 07000 - Food Preparation And Service Occupations 07010 - Baker 14.11 07041 - Cook I 14.79 07042 - Cook II 16.42 07070 - Dishwasher 9.80 07130 - Food Service Worker 9.86 07210 - Meat Cutter 15.30 07260 - Waiter/Waitress 9.80 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 18.68 09040 - Furniture Handler 12.96 09080 - Furniture Refinisher 18.53 09090 - Furniture Refinisher Helper 15.05 09110 - Furniture Repairer, Minor 17.18 09130 - Upholsterer 18.53 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.48 11060 - Elevator Operator 11.48 11090 - Gardener 18.52 11122 - Housekeeping Aide 14.36 11150 - Janitor 14.36 11210 - Laborer, Grounds Maintenance 14.87 11240 - Maid or Houseman 11.95 11260 - Pruner 13.68 11270 - Tractor Operator 17.28 11330 - Trail Maintenance Worker 14.87 11360 - Window Cleaner 15.61 12000 - Health Occupations 12010 - Ambulance Driver 17.52 12011 - Breath Alcohol Technician 19.09 12012 - Certified Occupational Therapist Assistant 26.19 12015 - Certified Physical Therapist Assistant 22.68 12020 - Dental Assistant 21.24 12025 - Dental Hygienist 35.80 12030 - EKG Technician 28.93 12035 - Electroneurodiagnostic Technologist 28.93 12040 - Emergency Medical Technician 17.52 12071 - Licensed Practical Nurse I 17.06 12072 - Licensed Practical Nurse II 19.09 12073 - Licensed Practical Nurse III 21.28 12100 - Medical Assistant 17.41 12130 - Medical Laboratory Technician 23.02 12160 - Medical Record Clerk 19.47 12190 - Medical Record Technician 22.33 12195 - Medical Transcriptionist 17.95 12210 - Nuclear Medicine Technologist 41.96 12221 - Nursing Assistant I 11.79 12222 - Nursing Assistant II 13.26 12223 - Nursing Assistant III 14.46 12224 - Nursing Assistant IV 16.24 12235 - Optical Dispenser 18.23 12236 - Optical Technician 14.54 12250 - Pharmacy Technician 16.29 12280 - Phlebotomist 16.24 12305 - Radiologic Technologist 28.04 12311 - Registered Nurse I 24.44 12312 - Registered Nurse II 29.91 12313 - Registered Nurse II, Specialist 29.91 12314 - Registered Nurse III 35.08 12315 - Registered Nurse III, Anesthetist 35.08 12316 - Registered Nurse IV 43.37 12317 - Scheduler (Drug and Alcohol Testing) 23.65 12320 - Substance Abuse Treatment Counselor 25.06 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.38 13012 - Exhibits Specialist II 25.23 13013 - Exhibits Specialist III 30.88 13041 - Illustrator I 20.38 13042 - Illustrator II 25.23 13043 - Illustrator III 30.88 13047 - Librarian 27.95 13050 - Library Aide/Clerk 15.74 13054 - Library Information Technology Systems 25.23 Administrator 13058 - Library Technician 21.06 13061 - Media Specialist I 18.21 13062 - Media Specialist II 20.38 13063 - Media Specialist III 22.71 13071 - Photographer I 18.21 13072 - Photographer II 20.38 13073 - Photographer III 25.23 13074 - Photographer IV 30.88 13075 - Photographer V 37.36 13090 - Technical Order Library Clerk 18.46 13110 - Video Teleconference Technician 18.73 14000 - Information Technology Occupations 14041 - Computer Operator I 15.37 14042 - Computer Operator II 17.19 14043 - Computer Operator III 19.17 14044 - Computer Operator IV 21.30 14045 - Computer Operator V 23.58 14071 - Computer Programmer I (see 1) 20.75 14072 - Computer Programmer II (see 1) 25.70 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 15.37 14160 - Personal Computer Support Technician 21.30 14170 - System Support Specialist 28.79 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.12 15020 - Aircrew Training Devices Instructor (Rated) 35.22 15030 - Air Crew Training Devices Instructor (Pilot) 41.01 15050 - Computer Based Training Specialist / Instructor 29.12 15060 - Educational Technologist 25.53 15070 - Flight Instructor (Pilot) 41.01 15080 - Graphic Artist 21.55 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 40.48 15086 - Maintenance Test Pilot, Rotary Wing 40.48 15088 - Non-Maintenance Test/Co-Pilot 40.48 15090 - Technical Instructor 20.77 15095 - Technical Instructor/Course Developer 25.41 15110 - Test Proctor 16.77 15120 - Tutor 16.77 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 12.07 16030 - Counter Attendant 12.07 16040 - Dry Cleaner 15.21 16070 - Finisher, Flatwork, Machine 12.07 16090 - Presser, Hand 12.07 16110 - Presser, Machine, Drycleaning 12.07 16130 - Presser, Machine, Shirts 12.07 16160 - Presser, Machine, Wearing Apparel, Laundry 12.07 16190 - Sewing Machine Operator 16.09 16220 - Tailor 17.02 16250 - Washer, Machine 13.38 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 22.35 19040 - Tool And Die Maker 26.04 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.06 21030 - Material Coordinator 21.99 21040 - Material Expediter 21.99 21050 - Material Handling Laborer 13.99 21071 - Order Filler 12.27 21080 - Production Line Worker (Food Processing) 18.06 21110 - Shipping Packer 16.08 21130 - Shipping/Receiving Clerk 16.08 21140 - Store Worker I 15.98 21150 - Stock Clerk 20.62 21210 - Tools And Parts Attendant 18.06 21410 - Warehouse Specialist 18.06 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 24.23 23019 - Aircraft Logs and Records Technician 20.57 23021 - Aircraft Mechanic I 23.26 23022 - Aircraft Mechanic II 24.23 23023 - Aircraft Mechanic III 25.16 23040 - Aircraft Mechanic Helper 18.03 23050 - Aircraft, Painter 22.39 23060 - Aircraft Servicer 20.57 23070 - Aircraft Survival Flight Equipment Technician 22.39 23080 - Aircraft Worker 21.44 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 21.44 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 23.26

II

23110 - Appliance Mechanic 22.34 23120 - Bicycle Repairer 16.76 23125 - Cable Splicer 31.10 23130 - Carpenter, Maintenance 22.22 23140 - Carpet Layer 21.44 23160 - Electrician, Maintenance 26.33 23181 - Electronics Technician Maintenance I 25.05 23182 - Electronics Technician Maintenance II 26.16 23183 - Electronics Technician Maintenance III 27.17 23260 - Fabric Worker 20.57 23290 - Fire Alarm System Mechanic 24.19 23310 - Fire Extinguisher Repairer 19.32 23311 - Fuel Distribution System Mechanic 23.36 23312 - Fuel Distribution System Operator 19.84 23370 - General Maintenance Worker 20.97 23380 - Ground Support Equipment Mechanic 23.26 23381 - Ground Support Equipment Servicer 20.57 23382 - Ground Support Equipment Worker 21.44 23391 - Gunsmith I 19.32 23392 - Gunsmith II 21.44 23393 - Gunsmith III 23.26 23410 - Heating, Ventilation And Air-Conditioning 28.34 Mechanic 23411 - Heating, Ventilation And Air Contidioning 29.51 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 23.67 23440 - Heavy Equipment Operator 24.09 23460 - Instrument Mechanic 23.26 23465 - Laboratory/Shelter Mechanic 22.39 23470 - Laborer 13.99 23510 - Locksmith 22.39 23530 - Machinery Maintenance Mechanic 23.57 23550 - Machinist, Maintenance 23.18 23580 - Maintenance Trades Helper 14.25 23591 - Metrology Technician I 23.26 23592 - Metrology Technician II 24.23 23593 - Metrology Technician III 25.16 23640 - Millwright 22.45 23710 - Office Appliance Repairer 21.82 23760 - Painter, Maintenance 22.89 23790 - Pipefitter, Maintenance 29.66 23810 - Plumber, Maintenance 27.88 23820 - Pneudraulic Systems Mechanic 23.26 23850 - Rigger 23.26 23870 - Scale Mechanic 21.44 23890 - Sheet-Metal Worker, Maintenance 24.69 23910 - Small Engine Mechanic 21.44 23931 - Telecommunications Mechanic I 25.59 23932 - Telecommunications Mechanic II 28.18 23950 - Telephone Lineman 20.04 23960 - Welder, Combination, Maintenance 21.65 23965 - Well Driller 22.67 23970 - Woodcraft Worker 23.26 23980 - Woodworker 19.32 24000 - Personal Needs Occupations 24550 - Case Manager 14.05 24570 - Child Care Attendant 10.23 24580 - Child Care Center Clerk 12.76 24610 - Chore Aide 15.02 24620 - Family Readiness And Support Services 14.05 Coordinator 24630 - Homemaker 14.05 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 28.48 25040 - Sewage Plant Operator 27.07 25070 - Stationary Engineer 28.48 25190 - Ventilation Equipment Tender 22.04 25210 - Water Treatment Plant Operator 27.07 27000 - Protective Service Occupations 27004 - Alarm Monitor 19.94 27007 - Baggage Inspector 15.98 27008 - Corrections Officer 25.71 27010 - Court Security Officer 20.63 27030 - Detection Dog Handler 18.55 27040 - Detention Officer 25.71 27070 - Firefighter 19.76 27101 - Guard I 15.98 27102 - Guard II 18.55 27131 - Police Officer I 28.49 27132 - Police Officer II 31.66 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.58 28042 - Carnival Equipment Repairer 14.56 28043 - Carnival Worker 10.75 28210 - Gate Attendant/Gate Tender 14.96 28310 - Lifeguard 13.72 28350 - Park Attendant (Aide) 17.23 28510 - Recreation Aide/Health Facility Attendant 11.99 28515 - Recreation Specialist 17.85 28630 - Sports Official 13.72 28690 - Swimming Pool Operator 16.40 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 21.44 29020 - Hatch Tender 21.44 29030 - Line Handler 21.44 29041 - Stevedore I 20.57 29042 - Stevedore II 22.39 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 40.79 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 28.13 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 30.98 30021 - Archeological Technician I 18.45 30022 - Archeological Technician II 20.64 30023 - Archeological Technician III 25.58 30030 - Cartographic Technician 25.58 30040 - Civil Engineering Technician 28.35 30051 - Cryogenic Technician I 28.11 30052 - Cryogenic Technician II 31.04 30061 - Drafter/CAD Operator I 18.45 30062 - Drafter/CAD Operator II 20.64 30063 - Drafter/CAD Operator III 23.02 30064 - Drafter/CAD Operator IV 28.32 30081 - Engineering Technician I 16.21 30082 - Engineering Technician II 18.21 30083 - Engineering Technician III 20.37 30084 - Engineering Technician IV 25.22 30085 - Engineering Technician V 29.98 30086 - Engineering Technician VI 37.34 30090 - Environmental Technician 25.58 30095 - Evidence Control Specialist 25.38 30210 - Laboratory Technician 23.02 30221 - Latent Fingerprint Technician I 28.11 30222 - Latent Fingerprint Technician II 31.04 30240 - Mathematical Technician 25.58 30361 - Paralegal/Legal Assistant I 20.35 30362 - Paralegal/Legal Assistant II 25.20 30363 - Paralegal/Legal Assistant III 30.84 30364 - Paralegal/Legal Assistant IV 37.31 30375 - Petroleum Supply Specialist 31.04 30390 - Photo-Optics Technician 25.58 30395 - Radiation Control Technician 31.04 30461 - Technical Writer I 25.58 30462 - Technical Writer II 31.29 30463 - Technical Writer III 37.85 30491 - Unexploded Ordnance (UXO) Technician I 25.93 30492 - Unexploded Ordnance (UXO) Technician II 31.37 30493 - Unexploded Ordnance (UXO) Technician III 37.60 30494 - Unexploded (UXO) Safety Escort 25.93 30495 - Unexploded (UXO) Sweep Personnel 25.93 30501 - Weather Forecaster I 28.11 30502 - Weather Forecaster II 34.19 30620 - Weather Observer, Combined Upper Air Or (see 2) 23.02 Surface Programs 30621 - Weather Observer, Senior (see 2) 25.58 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 31.37 31020 - Bus Aide 12.55 31030 - Bus Driver 16.94 31043 - Driver Courier 15.03 31260 - Parking and Lot Attendant 12.73 31290 - Shuttle Bus Driver 16.11 31310 - Taxi Driver 11.51 31361 - Truckdriver, Light 16.11 31362 - Truckdriver, Medium 17.15 31363 - Truckdriver, Heavy 20.06 31364 - Truckdriver, Tractor-Trailer 20.06 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 15.29 99030 - Cashier 10.78 99050 - Desk Clerk 10.78 99095 - Embalmer 25.93 99130 - Flight Follower 25.93 99251 - Laboratory Animal Caretaker I 13.66 99252 - Laboratory Animal Caretaker II 14.64 99260 - Marketing Analyst 24.54 99310 - Mortician 25.93 99410 - Pest Controller 24.51 99510 - Photofinishing Worker 13.15 99710 - Recycling Laborer 19.07 99711 - Recycling Specialist 22.16 99730 - Refuse Collector 17.54 99810 - Sales Clerk 11.60 99820 - School Crossing Guard 17.54 99830 - Survey Party Chief 22.62 99831 - Surveying Aide 13.23 99832 - Surveying Technician 17.27 99840 - Vending Machine Attendant 22.16 99841 - Vending Machine Repairer 26.16 99842 - Vending Machine Repairer Helper 22.16

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans.

Minimum employer contributions costing an average of $4.48 per hour computed on the basis of all hours worked by service employees employed on the contract.

HEALTH & WELFARE EO 13706: Minimum employer contributions costing an average of $4.

18 per hour computed on the basis of all hours worked by service employees employed on the covered contracts. *

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors.