36C26320Q0270-006.docx

36C26320Q0270

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTA

CHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

PR 618-20-3-4025-0008

36C26320Q0270 03-27-2020 Angela Beck 605.720.7314 04-21-2020

11:00 AM (MT)

36C568 Department of Veterans Affairs Network 23 Contracting Office (NCO 23) 113 Comanche Rd.

Fort Meade SD 57741 X X 492110 1500 Employees N/A X 36C618 Department of Veterans Affairs

VA

Minneapolis HCS One Veterans Drive Minneapolis MN 55417 36C568 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 See CONTINUATION Page Important notice to Offerors:

Review and follow INSTRUCTIONS TO OFFERORS in Clause 52.212-1 Addendum.

Note block #28 - this document must be signed and returned to the Contracting Officer by the Offer Due Date/Time in order to be considered. E-mail ALL required and completed documents to:

Angela Beck ang ela.beck@va.gov ***Submit any written questions via e-mail - no telephonic questions will be accepted. Responses to questions pertaining to this solicitation will be provided through APR 9, 2020 only.

See CONTINUATION Page 618-3600160-4025-822300 Pathology and Laborator- 2220 Other Shipments-0100C0009 X X X

ONE

Angela Beck Contracting Officer 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 Angela Beck 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:

Page 1 of Page 1 of

DESCRIPTION / SPECIFICATIONS / PWS: VA-MPLS HCS Courier Out-of-Town CBOCs

Introduction

The Minneapolis Veterans Affairs Health Care System (the “VA” or “MVAHCS”) has a requirement for a Courier Service to transport items to and from several locations (Community Based Outpatient Clinics or CBOC’s) listed under the “Schedule of Items.”

STATEMENT OF WORK (Part A-J - Schedule of Items):

1. Provide a fixed rate for all costs for courier service by company - owned vehicle with driver. Costs to include vehicle, driver, mileage, time, weight, and all other reasonable costs associated with courier services.

2. Daily, contractor shall transport various laboratory specimens including blood, body fluid, tissue, swabs, and glass slides (in sealed containers) properly packaged by VA personnel. Pick up must be made between the times agreed upon at the CBOC locations indicated in the Schedule of Items PART A, and deliver no later than times listed on the schedule unless agreed upon by VA COR and LAB POC, to Room BB-144, Laboratory Specimen Window of the Minneapolis Veterans Affairs Medical Center, Bldg 70, One Veterans Drive, Minneapolis, MN. Daily pickups are Monday through Friday, excluding Federal holidays. Packages (usually 1-2 coolers) are approximately 2’ x 2’ x 2’ square and would easily fit in a courier car/vehicle.

3. Daily, contractor shall transport empty specimen containers or coolers from the MVAHCS Laboratory Specimen Window (details above) to the CBOC locations indicated in the Schedule of Items. Pick up of empty specimen containers at the MVAHCS is done when the above mentioned laboratory specimen delivery is made (paragraph 2). Daily pick ups are Monday through Friday, excluding Federal holidays. Packages (usually 1-2 coolers) are approximately 2’ x 2’ x 2’ square and would easily fit in a courier car/vehicle.

4. Daily, contractor shall transport mail, X-rays and or CD materials, and or empty Styrofoam Pharmacy Coolers originating from the CBOC’s to the MVAHCS as indicated in the Schedule of Items PART A. Mail, X-rays, and CD’s are transported in a mail pouch supplied by the MVAHCS. Pharmacy Coolers are separate and placed in the Lockers by the MVAHCS Warehouse (room BM-123, Bldg 70).

5. Daily, contractor shall start at the Minneapolis VA (BM-123) and pick up Misc. Supplies to be delivered to the CBOC’s. Each CBOC listed on Schedule of Items PART B receives a delivery one day per week. Supplies can consist is Medical Supplies, Laundry, Lab Supplies, Office Supplies and other misc. as needed. Each CBOC has a minimum of one cargo type cart on wheels. Dimensions 48”L x 36”W x 36”T. Return items are placed in the cargo bin and returned to the Minneapolis VA NLT 1630 daily.

Contractor Qualifications

1. Contractor must demonstrate capability of managing all operations at a local level to ensure proper quality assurance.

2. Contractor shall possess a minimum of three years experience, along with all necessary equipment, personnel and must be financially responsible to perform courier service as required under this contract. Contractor must meet all requirements of federal, state, or city codes and licenses regarding operations of this type of service. A description of the Contractor’s experience and qualifications shall be submitted with the offer.

3. The vehicles used in the performance of this contract shall be registered, licensed and meet minimum requirements as mandated by the Department of Transportation, the State of Minnesota or Wisconsin, and cities operating therein. All vehicles must be provided by the Contractor. Vehicles must also be of the proper size to accommodate all items requiring delivery: “small cars” are not appropriate. The appropriately sized vehicle has the capacity of a mini-van or SUV. The vehicle must be able to accommodate up to six igloo coolers, 10 large mail bags, plus office supplies.

4. All drivers shall maintain a valid driver’s license for the type of vehicle operated as required by the State of Minnesota and or Wisconsin.

5. A record of each driver as to character and physical capabilities of performing the duties as a courier shall be maintained and made available to the Contracting Officer for inspection upon request. Each driver shall complete HIPAA and Blood Borne Pathogen Training.

Contractor Responsibilities

1. The Contractor shall ensure the confidentiality of all patient information being transported and is held liable in the event of breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579). All employees are required to complete the Privacy HIPAA Training and a list of all employees completing the training will be made available to the VA COR Annually. VA COR will supply the Contractor with the training required.

2. All drivers shall have appropriate blood borne pathogen training and the training records provided to the VA COR yearly. The Contractor shall certify in writing, for each driver, by name that the driver has been trained in the procedures necessary for transporting Biological Specimens and that the training was conducted by a certified trainer and a training videotape relating to Blood Borne Pathogen safety was shown to the driver.

3. The Contractor’s supervisors, drivers and alternates shall be able to read, write, speak and understand English. The name of these persons, and an alternate, or alternates, who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer. An updated listing is provided as changes in personnel occur. Contract employees may be required to carry a valid VA identification, and may be required to check-in with VA Medical Center security when entering the VA Facility. Any identification provided is returned to the VA upon completion of contract.

4. The Contractor’s personnel shall conduct themselves in a professional manner, present a neat appearance and be easily recognized as a Contractor employee by having the company name, and employee name affixed to the uniform. The Contractor shall be responsible for furnishing all vehicles, personnel, equipment and supplies, vehicle fuel, uniforms, name tags and/or badges for performance of services under this contract. Contractor’s vehicle shall have the company name/logo prominently displayed. Employees will complete a VA back ground check and be issued a VA identification card and it shall be worn in clear view above the waist. (A listing of employees available to service the contract is submitted at time of offer for evaluation purposes. Submission and verification of these documentation requirements is an evaluation factor prior to award and a quality assurance procedure during the contract period.)

5. Contractor/Driver must notify the CBOC of any unusual events that impede the ability of the scheduled pick-up (Weather/Traffic). Contractor/Driver must notify the VA laboratory at 612-467-2400 of any unusual events that impede the ability of the scheduled delivery. This includes weather related events and traffic accidents. Additionally:

a. Should specimens not be delivered on the same day as pick up, the Contractor is required to submit a written report to the VA COR within twenty-four (24) hours explaining the circumstances. Failure to provide the report within the specific time frame will cause further review by the Government to determine if the infraction warrants suspension or termination of the contract.

b. Should specimens be lost or broken, call the VA COR immediately upon discovery. The Contractor is required to submit a written report to the VA COR within twenty-four (24) hours explaining the circumstances. Failure to provide the report within the specific time frame will cause further review by the Government to determine if the infraction warrants suspension or termination of the contract. The VA COR will notify the VA Privacy Officer of a loss.

6. Before award of contract, the Contractor shall furnish to the Contracting Officer a certificate of insurance which shall contain an endorsement to the effect that cancellation of, or any material change in, the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30 day written notice of cancellation or change is furnished to the Contracting Officer.

7. The Department of Labor has held that Contractors must pay their employees the Service Contract Act wages while they are driving both to and from destinations for the VA. Wage Determination(s) as listed in this solicitation are applicable to any resulting contract. The Contractor will certify by signature on this offer that the salaries to be paid workers involved in the performance of the contract are equal to or greater than those specified in the attached Wage Determination(s).

8. Contractor shall be responsible for broken coolers, handles and or lost mail bags, pharmacy coolers. Contractors will not use lab coolers as two-wheel carts, will not double stack cooler, and will not lift coolers by the extended handle. Handles are meant for pulling the cooler and will break if not used properly.

9. Each driver from the courier service must sign a Log Sheet with signature/date/time at the CBOC Clinic when picking up the Lab Cooler and Mail Bags. Drivers will also sign the Lab Receiving Log when dropping off the Lab Cooler at room BB-144 (Bldg 70) with initials/ date/ time. If contractors have an internal tracking system that allows the VA to access reports please identify in your proposal.

10. Drivers are strictly prohibited from opening and or repacking lab coolers and mail bags.

11. Driver with VA provided Identification cards are not required to sign in, but will have to show PIV Card to security upon entrance. Those that are substitute or new drivers that are awaiting clearance are required to sign in and out when delivering.

12. Changes to the agreed schedule shall be received in writing 30 days in advance and approved by the VA COR and Lab POC. No automatic changes are allowed.

13. Any delayed delivery or pick-up by the Courier Service causing a cancellation of test(s), re-drawing of the patient’s blood specimen(s), and any extra pick-up or deliveries required to deliver the delayed containers to the location specified, will lead to a deduction from the monthly invoices at an amount equal to the cost of the pick-up to recover costs associated with any of these events. More than one (1) missed pick-up or serious Courier Service errors per CBOC facility which leads to an adverse patient care (i.e., significant delays) within a 12-month period may lead to the VA developing evaluation methods for contractor improvement and possible termination of contract if not improved.

Quality Assurance

1. The Contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications. The Contractor shall develop and implement procedures to track, identify, prevent, remedy and ensure non-recurrence of defective services. The Contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The Contractor shall immediately notify the VA COR upon receipt of a customer complaint so joint validation may be accomplished. The Contractor is responsible for quality control and specification compliance.

2. The VA will evaluate the Contractor’s performance using customer feedback, periodic on-site inspections, and at the VA’s discretion, may inspect each task to determine conformance and acceptance prior to payment.

3. Contractor is responsible to ensure blood born pathogen training and HIPAA Training is completed annually by all primary/new and substitute drivers. Any change in the roster will be forwarded to the VA COR.

Inspection

1. The Contractor must give the VA the right to thoroughly inspect and investigate the establishment’s vehicles, facilities, business reputation and other qualifications.

2. The VA reserves the right to restrict any Contractor employee from performing services under this contract who do not meet the required qualifications, or who violate Federal regulations or are identified as a potential threat to the security, safety, health and/or operational mission of VA and its veteran population. The restriction of such Contractor personnel shall not relieve the contractor from performing all the required services in accordance with all terms, conditions, and schedules contained herein.

3. If the VA determines that a specific driver does not possess the required qualifications, or if a particular driver establishes a pattern of non-conformance with the procedures set forth as requirements, the VA may prohibit that driver from performing services under the contract.

Additional Information

1. The VA Contracting Officer’s Representative (COR) is a Facility Logistics Officer. The VA COR is identified upon contract award, assigned by a VA Contracting Officer. The VA COR is responsible for monitoring contractor work.

2. The VA technical point of contact for laboratory services is the Ancillary Testing Coordinator – CBOC’s. The laboratory contact is identified upon contract award.

National Holidays

1. The courier service is not required to service CBOCs on weekends.

2. The courier service is not required to service the CBOC’s on the ten (10) holidays observed by the Government as follows: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.

END SPECIFICATIONS / PERFORMANCE WORK STATEMENT

SCHEDULE OF COURIER SERVICES

SCHEDULE OF ITEMS PART A

Base Year – 8/1/2020-7/31/2021 Option Year 1 – 8/1/2021-7/31/2022 Option Year 2 – 8/1/2022-7/31/2023 Option Year 3 – 8/1/2023-7/31/2024 Option Year 4 – 8/1/2024-7/31/2025

Provide Courier Service with a company vehicle and driver to transport packages to/from Community Based Outpatient Clinics (CBOC) and Minneapolis VA Health Care System (MVAHCS).

1. Monday through Friday (excluding Federal Holidays) laboratory specimen box pick up at CBOC must be made NET 4:30 pm, after clinic operations cease for the day.

2. Triple packaged coolers contain laboratory specimens (blood, body fluid, tissue, swabs, and glass slides). They must be kept upright and at a reasonable temperature to preserve specimen integrity. The coolers are labeled with a sticker on the outside with a “UN3373 Biological Substance Category B” label.

3. Packages which include laboratory specimens are taken directly to Laboratory Specimen Window (Room BB-144, basement). See below table for latest delivery times.

4. At the MVAHCS Lab Specimen window (Room BB-144) coolers returning to place of origin with the next regular pickup are picked up by the driver.

5. Driver must notify CBOC, VA COR and Lab of any delays or problems with transportation services. Company receiving contract must provide a replacement driver so services are not interrupted.

6. Transport mail, X-rays or CD material and Pharmacy coolers from the CBOC’s to the MVAHCS in designated Lockers near the Warehouse side entrance to BM-123 (Bldg 70).

7. MVAHCS is adding additional clinics and changes to some locations may occur during the contract. Examples of this is Part J below for services to Albert Lea; an exact start date is not available, however, tentatively it is set for spring of 2020.

BB-144 and Designated Locker near Warehouse BM-123.

Latest Delivery Time*

6:30pm

2503 Co Highway I

Chippewa Falls, WI 54729

10:00pm

720 E. Miners Drive

Ely, MN 55723

8:30pm

15954 Rivers Edge Drive

Hayward, WI 54843

10:00pm

990 W. 41st Street #78

Hibbing, MN 55746

7:00pm

1961 Premier Drive

Mankato, MN 56001-6492

7:00pm

2700A College Drive

Rice Lake, WI 54868

8:00pm

3900 55th Street NW

Rochester, MN 55902

7:00pm

1212 Heckman Court

St James, MN 56081

8:30pm

3520 Tower Ave

Superior, WI 54880

Spring 2020

1665 West Main Street

8:00pm

Albert Lea, MN 56007

SCHEDULE OF ITEMS PART B

Base Year – 8/1/2020-7/31/2021 Option Year 1 – 8/1/2021-7/31/2022 Option Year 2 – 8/1/2022-7/31/2023 Option Year 3 – 8/1/2023-7/31/2024 Option Year 4 – 8/1/2024-7/31/2025

Provide Courier Service with a company owned vehicle and driver to transport packages to/from Minneapolis VAHCS and Community Based Outpatient Clinics (CBOC).

1. Monday through Friday pick up miscellaneous supplies delivered to the CBOCs.

2. Driver picks up cargo bin on wheels for each CBOC at the Warehouse BM-123, Bldg 70.

3. Driver must notify CBOC and VA Logistics of any delays or problems with transportation services. Company must provide a replacement driver/vehicle so services are not interrupted.

4. Return bins with any items being returned by the CBOC’s to the Warehouse BM-123 NLT 1630 daily.

Latest Delivery Time*

2503 Co Highway I

Chippewa Falls, WI 54729

720 E. Miners Drive

Ely, MN 55723

15954 Rivers Edge Drive

Hayward, WI 54843

990 W. 41st Street #78

Hibbing, MN 55746

1961 Premier Drive

Mankato, MN 56001-6492

2700A College Drive

Rice Lake, WI 54868

3900 55th Street NW

Rochester, MN 55902

1212 Heckman Court

St James, MN 56081

3520 Tower Ave

Superior, WI 54880

1665 West Main Street

Albert Lea, MN 56007

END SCHEDULE OF ITEMS - COURIER SERVICES

PRICE SCHEDULE for Twin Cities OUT-OF-TOWN CBOC Lab Courier Services VA Minneapolis Health Care System (VAMHCS)

BASE YEAR (8-01-2020 to 7-31-2021)

PRICE SCHEDULE for Twin Cities OUT-OF-TOWN CBOC Lab Courier Services VA Minneapolis Health Care System (VAMHCS)

OPTION YEAR I (8-01-2021 to 7-31-2022)

PRICE SCHEDULE for

VA Minneapolis Health Care System (VAMHCS)

OPTION YEAR II (8-01-2022 to 7-31-2023)

PRICE SCHEDULE for

VA Minneapolis Health Care System (VAMHCS)

OPTION YEAR III (8-01-2023 to 7-31-2024)

PRICE SCHEDULE for

VA Minneapolis Health Care System (VAMHCS)

OPTION YEAR IV (8-01-2024 to 7-31-2025)

Annual Grand Totals:

SERVICE DESCRIPTION

ANNUAL TOTAL $ AMOUNT

BASE YEAR (8-01-2020 to 7-31-2021) = $

OPTION YEAR I (8-01-2021 to 7-31-2022) = $

OPTION YEAR II (8-01-2022 to 7-31-2023) = $

OPTION YEAR III (8-01-2023 to 7-31-2024) = $

OPTION YEAR IV (8-01-2024 to 7-31-2025) = $

GRAND TOTAL (Base + 4 Option Years) = $

SECTION C - CONTRACT CLAUSES

C.1 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 15 calendar days.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years + 6 months.

(End of Clause)

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 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

(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 802.101, 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 part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(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 eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.6 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

(a) Indemnification. The Contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this contract. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the Contractor, and subject to the approval by the Contracting Officer, insurance coverage may be employed as guaranty of indemnification.

(b) Insurance. Satisfactory insurance coverage is a condition precedent to award of this contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers’ compensation and employer’s liability coverage will conform to applicable State law requirements for the service defined, whereas general liability and automobile liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder.

(End of Clause)

C.7 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.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

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

(End of Clause) 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:

(End of Addendum to 52.212-4)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

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

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

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post…