36C78618R0069-001.docx

36C78618R0069

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C78618R0069 Elizbeth Monohan 202-632-5861

2:00 PM ET

43C2 Department of Veterans Affairs NCA Contracting Service 425 I Street, NW Washington

DC

20001 X 611710 $15 Million X N/A X Department of Veterans Affairs National Cemetery Administration 425 I Street, NW Washington

DC

20001 43C2 Department of Veterans Affairs NCA Contracting Service 425 I Street, NW Washington

DC

20001

Y http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 The National Cemetery Administration desires to enter a Firm Fixed Price contract with universities in partnership with public schools (K-12) located within the Pacific District of the National Cemetery Administration (NCA) which includes Alaska, Washington, Oregon, Idaho, Nevada, California, Arizonia, Hawaii, and Guam that will engage in a program of development of research-based educational materials as part of the NCA's Veterans Legacy Program (VLP) X X Elizabeth Monohan Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continued from Standard Form 1449, block 18A)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 00786: Elizabeth Monohan Department of Veterans Affairs NCA Contracting Service 425 I Street, NW Washington DC 20001

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:

1. Invoices shall be submitted in arrears for cumulative work performed at completion of requirement and the Government has accepted the items.

1. Invoices shall be submitted electronically.

1. Required Contents of Invoice: If any information below is missing from an invoice, the invoice shall be subject to being rejected and returned for revision.

1. Contractor Information (Name, Complete Address, Telephone Number)

1. Date of Invoice

1. Unique Invoice Number

1. Each invoice may be submitted only once. If the need exists to submit a corrected invoice, the original invoice number should be noted with “COR” added at the end of the invoice number on the revised invoice. Where possible “CORRECTED INVOICE” shall be clearly noted.

1. Purchase Order Number (Only one purchase order may be included on each invoice submitted)

1. Total Dollar Amount Invoiced

1. Certificate of Conformance

· This certifies that (Contractor’s Name) furnished the above listed supplies or services called for by the above listed purchase order number in accordance with all applicable requirements. We further certify that the supplies or services are the quality specified and conform in all respects with the contract requirements.

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.

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

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

6. MISSING PAGES: It is the responsibility of the Offeror to examine this Solicitation to verify that he, or she, has received all pages. In addition, in compiling this package, some pages may have been duplicated. If the Offeror feels that pages are missing or duplicated, the Offeror is encouraged to contact the Contracting Officer at the telephone number shown in Block 7B, Standard Form 1449, Solicitation / Contract/Order for Commercial Items.

7. NOTICE TO PROSPECTIVE CONTRACTOR(S): Prospective awardees SHALL be registered with SAM at http://www.sam.gov, Prior to Award and through final payment, and the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to award and through final payment. Contract will not be awarded until SAM registration has been completed.

The Proposal Package shall include the following:

· Completed and signed original SF1449

· Completed Section B (Contract Admin. & Price Schedule)

· Completed Business Management Questionnaire/Past Performance (Section D)

· Completed FAR Provision 52.212-3 “Certifications and Representations”

· Prospective Offerors shall be registered with the System for Award Management (SAM) website and complete representations and certifications at https://www.sam.gov.

Please note – If any of the Proposal Package information is not provided by the proposal due date, your proposal package may be found Technically Unacceptable.

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS, PARAGRAPH (b) AND IN THE STATEMENT OF WORK OF THIS SOLICITATION. SUBMITTAL BY POTENTIAL OFFERORS, PRIOR TO THE TIME SPECIFIED IN BLOCK 8 of SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD AND THE INFORMATION SHALL BE FORWARDED TO THE ADDRESS IN BLOCK 9.

Failure to submit all required documentation may result in your submission being determined non-responsive and removed from further consideration.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK/SPECIFICATION

U.S. DEPARTMENT OF VETERANS AFFAIRS

National Cemetery Administration (NCA)

DEVELOPMENT OF AN EDUCATIONAL

PROGRAM FOR NCA VETERANS LEGACY PROGRAM (VLP)

STATEMENT OF OBJECTIVES (SOO)

1.0 PURPOSE

The purpose of this request for proposals (RFP) submitted in response to this Statement of Objectives (SOO) is to solicit fully developed proposals from universities or non-profit organizations in partnership with public schools (K-12) located within 100 miles of a NCA national cemetery (or committed to remote work) that will engage in a program of professional development of teachers that also produces research-based educational outreach materials as part of the National Cemetery Administration’s (NCA) Veterans Legacy Program (VLP). Proposals submitted in response to this SOO should include other one or more NCA cemeteries and may include cemeteries managed by the American Battle Monuments Commission in addition.

University faculty may come from a variety of disciplines in the humanities, creative arts, digital humanities or Education, e.g. history, graphic design, film, American Indian studies, etc. Professional development providers serving the educational sector are also welcome to submit. The schools and teachers with whom university faculty or professional development provider may partner may come from a single school or multiple schools, representing any grade(s) and subject(s). The scope and depth of this partnership can vary but NCA will require a formalized expression of this partnership between the institute of higher education (IHE) and the local educational authority (LEA).

2.0 BACKGROUND

As part of the U.S. Department of Veterans Affairs, NCA is a federal agency authorized to conduct educational outreach programming in support of the agency’s primary mission of providing burial benefits to eligible veterans and their dependents (Title 38, U.S. Code, Chapters 23 and 24). As a result of this statutory outreach mission, NCA conducts educational programming to raise public awareness of National Cemeteries and NCA’s mission through sharing the stories of service and sacrifice of veterans interred in NCA cemeteries.

Currently, NCA manages 135 national cemeteries, with 4 million gravesites.

The Veterans Legacy Program was launched by NCA on Memorial Day 2016 with the goal of extending memorialization of the veterans’ legacy enshrined in the national cemeteries. NCA’s initial suite of products included in-print lesson plans, digital maps, and other materials written to support the educational outreach needs of two national cemeteries in the pilot program, Riverside (CA) National Cemetery and Beaufort (SC) National Cemetery (http://www.cem.va.gov/legacy/index.asp). In 2017, NCA further developed the program with various academic partners. NCA’s long term goal is to develop educational outreach materials for all 135 of its national cemeteries, eventually, in media and formats that reflect the latest in research, instructional technology, and best practices.

Memorial Day and Veterans Day are typically the target dates for a public launch of the next generation of VLP materials for schools and public outreach. Actual timetables of work can be negotiated, depending on unique local circumstances.

With this SOO, NCA is seeking proposals from qualified universities partnered with public school (K-12) institutions in engaging in a program of development of research-based educational outreach materials as part of the National Cemetery Administration’s (NCA) Veterans Legacy Program (VLP). NCA has launched VLP to promote memorialization of the nation’s veterans’ legacy enshrined in national cemeteries. Responses to this SOO will contribute to VLP’s “Local Legacy, National Heritage” program, which seeks to create an experience of learning that builds community and commemoration of veterans’ legacy, by sharing positive narratives, which may be used to teach, both about the unique individual qualities of the Veteran and about Veterans as a community.

3. OBJECTIVE OR SCOPE OF EFFORT

Offerors are requested to submit a proposal to support the memorialization of the nation’s veterans’ legacy enshrined in national cemeteries in the following areas:

1. Outreach Materials:

· A framework of digital and non-digital educational outreach that provides professional development for teachers through research focused on the Veteran National Cemetery (or Cemeteries).

2. Educational Materials:

· A framework of digital instructional materials relevant to the grade-level of K-12 students involved (e.g. lesson plans) with a maximum limit of 18 teacher-participants.

3. Extended Memorialization:

· A way to present the students’ research in a way that is appropriate to their discipline and accessible to the public (specific means of hosting extended memorialization can be negotiated with NCA, e.g. site hosting)

4. PERIOD AND PLACE OF PERFORMANCE

The contract is expected to have a period of performance of eight (8) months, to begin February 12, 2018 to October 30, 2018.

5. OPERATING CONSTRAINTS

TRAVEL: The government anticipates travel to perform the tasks associated with the effort, as well as to attend program-related meetings throughout the period of performance. Travel expenses for program participants from IHE and/or LEA to a national cemetery can be included as a line item detailing those costs, to include visits to the cemeteries within scope of the proposal. Travel expenses for program-related meetings can cover up to two members the team.

6. PERFORMANCE OBJECTIVES/REQUIRED RESULTS

The Government intends to evaluate proposals and award a contract without discussions (except clarifications as described in FAR 15.306(a)). Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint. Offerors are cautioned to submit sufficient information and in the format specified in the proposal instructions. Communication conducted to resolve minor or clerical errors would not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revisions.

The Offeror shall provide a proposal which demonstrates their best approach for attaining the following required results:

A. Team: For university teams submitting, the team of contributing scholars must consist of at least two members from accredited institutions of higher education (IHEs) within the area of focus, each of whom is a faculty member who holds an advanced degree in their field and has evidence of demonstrated scholarly output. Professional development providers submitting must include at least two team members from faculty of partnering university or institutions, with the same requirements as above. The team will designate a single Point of Contact (POC). (Response for this Factor will not exceed 5 pages, font size 12 – Page size 8 ½ X 11)

B. Student research products: Faculty members shall define a framework of at least two digital media products produced for educational outreach based on student-generated research. The final products must be publicly accessible examples of applied cemetery research. Published research about Veterans should share positive narratives, which celebrate Veteran service and will be used to inspire and to teach, both about the unique individual qualities of the Veteran and about Veterans as a community.

(Response for this Factor will not exceed 5 pages, font size 12 – Page size 8 ½ X 11)

C. Instructional materials: Faculty members shall include the development of lesson plans appropriate to the schools, grades, and subjects of teachers and K-12 students in the partnership with a maximum limitation of 18 teacher-participants. Each teacher-participant should produce at least one lesson plan. “Lesson plan” includes a plan of instruction that reflects the state K-12 curriculum standards, e.g. Common Core State Standards, and includes all other resources, materials, and aids required for the school-based implementation of the lesson. The lesson plan product can be multiple lessons, structured around pre- and post-visit learning.

(Response for this Factor will not exceed 5 pages, font size 12 – Page size 8 ½ X 11)

D. Extended memorialization: Faculty members shall define how they plan to use the student research to extend memorialization of the veterans’ legacy enshrined in the National Cemetery or cemeteries of focus.

(Response for this Factor will not exceed 5 pages, font size 12 – Page size 8 ½ X 11) E. Collection of program assessment data: Faculty members shall design assessment instruments for their students and the K-12 students showing how this participation in this program affected students’ performance in their subject of inquiry, e.g. history, film, Education, American studies social studies, English Language Arts, art. Data should be anonymously sampled, but demonstrated to be valid and reliable.

(Response for this Factor will not exceed 5 pages, font size 12 – Page size 8 ½ X 11)

F. Past Performance: The Government will rate past performance based on quality of service, using references provided by the Offeror and other information available to the Government. In order to be considered, the past performance must be relevant to this solicitation, i.e., similar in size, scope, and complexity

Price: Proposed Budget: The proposed budget should identify all costs and proposed expenditures, to additional compensation and honoraria (and to whom); equipment costs; production costs; and travel costs, as allowed in the SOO. Price shall be evaluated to determine whether or not it is fair and reasonable in accordance with FAR Part 15.4. Prices will be submitted on the Price Schedule included in the solicitation.

Deliverables will be developed according to a timetable negotiated by NCA and faculty member(s) representing IHE, with final deliverables received by NCA no later than October 30, 2018, unless otherwise negotiated.

7.0 KEY PERSONNEL

7.1 Labor Categories:

Project Manager (PM) Performs day-to-day management of contract support operations, possibly involving multiple tasks and groups of personnel at multiple locations, on a single project. Demonstrates skills in the scope of work encompassed by the SOO; provides technical guidance to the project team in performance of the work, and reviews the quality of all work products. Organizes, directs, and coordinates the planning and production of all contract support activities. Responsible for staffing, project planning, project financials, and staff direction and oversight. Maintains and manages the client interface at the Contracting Officers Representative (COR) levels of the client organization. Assists the NCA Program Manager as required in managing contract performance.

7.2 Experience & Education: Faculty members submitting this proposal must be full-time members of their institution’s instructional staff and authorized to engage in this contractual relationship under institutional affiliation.

The Contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include: MS Office applications or Adobe pdf applications.

8.2 CONTRACT ADMINISTRATION:

A Contracting Officer’s Representative (COR) will be identified for this contract. The Contractor shall coordinate the service to be performed for the project with the COR before the start of work. The Contractor shall coordinate work with the activities of the cemetery and the COR. The COR will provide Quality Assurance oversight to ensure contract work is being performed accurately and on schedule.

The COR will provide on-site support in relation to resources available. The Contractor shall perform all on-site activities with respect and dignity for cemetery visitors and funeral operations. Work may need to be temporarily suspended or shifted to other areas due to occasional active burial operations.

The Contractor will be required to provide a Quality Assurance Surveillance Plan (QASP), i.e. a quality control plan, in line with the attached performance matrix 10 days after the contract is issued. The Government will have three days to review and either approve or return for adjustments.

9.0 GOVERNMENT FURNISHED INFORMATION

VA will provide the Contractor with access to local National Cemetery data.

10.0 GOVERNMENT FURNISHED PROPERTY

None.

11. PERFORMANCE REQUIREMENTS

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to contract success.

The Contractor will provide a narrative for each element (A-E) listed below. In the narrative explain: (1) How it will satisfy each of the desired results/objectives specified in the SOO; and (2) The timeline for providing it.

In order to be found technically acceptable, the following criteria must be met: (1) The Offerors proposal contains at least the minimum requirements outlined below (A – E), and (2) The Offeror presents a sound plan for providing it.

A. Team: For university teams submitting, the team of contributing scholars must consist of at least two members from accredited institutions of higher education (IHEs) within the area of focus, each of whom is a faculty member who holds an advanced degree in their field and has evidence of demonstrated scholarly output. Professional development providers submitting must include at least two team members from faculty of partnering university or institutions, with the same requirements as above. The team will designate a single Point of Contact (POC).

B. Student research products: Faculty members shall define a framework of at least two digital media products produced for educational outreach based on student-generated research. The final products must be publicly accessible examples of applied cemetery research. Published research about Veterans should share positive narratives, which celebrate Veteran service and will be used to inspire and to teach, both about the unique individual qualities of the Veteran and about Veterans as a community.

C. Instructional materials: Faculty members shall include the development of lesson plans appropriate to the schools, grades, and subjects of teachers and K-12 students in the partnership with a maximum limitation of 18 teacher-participants. Each teacher-participant should produce at least one lesson plan. “Lesson plan” includes a plan of instruction that reflects the state K-12 curriculum standards, e.g. Common Core State Standards, and includes all other resources, materials, and aids required for the school-based implementation of the lesson. The lesson plan product can be multiple lessons, structured around pre- and post-visit learning.

D. Extended memorialization: Faculty members shall define how they plan to use the student research to extend memorialization of the veterans’ legacy enshrined in the National Cemetery or cemeteries of focus.

E. Collection of program assessment data: Faculty members shall design assessment instruments for their students and the K-12 students showing how this participation in this program affected students’ performance in their subject of inquiry, e.g. history, film, Education, American studies social studies, English Language Arts, art. Data should be anonymously sampled, but demonstrated to be valid and reliable.

The proposal must meet the minimum criteria in terms of Factors 6 B-E

Paragraph

-No grammar or spelling errors Faculty oversight

-Aligned with standards Faculty and teacher oversight

-Should showcase students’ research Faculty and professional oversight

-Instruments must be valid and reliable -Data shared must be aggregated and disaggregated by population Faculty oversight

12. EVALUATION:

a. Each proposal is for at least one NCA National Cemetery. The number of proposals accepted for award will depend upon the number of acceptable proposal submitted and is subject to available funding. An award for these National Cemeteries will be made to the Offeror providing the best value to the Government using the tradeoff process under best value. It may be in the Government’s best interest to consider award to other than the lowest price Offeror or other than highest technically rated Offeror. Offerors are advised that if the technical proposals are essentially equal, the award may be made on the basis of the lowest cost.

b. Evaluation of the technical factors will be conducted according to a Best Value Tradeoff approach, according to the following rubric:

A. Team: For university teams submitting, the team of contributing scholars must consist of at least two members from accredited institutions of higher education (IHEs) within the area of focus, each of whom is a faculty member who holds an advanced degree in their field and has evidence of demonstrated scholarly output. Professional development providers submitting must include at least two team members from faculty of partnering university or institutions, with the same requirements as above. The team will designate a single Point of Contact (POC).

B. Student research products: Faculty members shall define a framework of digital media products produced for educational outreach based on participant-generated research. There should be at least one digital media product for each participant with a maximum limitation of 18 teacher-participants. The final products must be publicly accessible examples of applied cemetery research.

C. Instructional materials: Faculty members shall include the development of lesson plans appropriate to the schools, grades, and subjects of teachers and K-12 students in the partnership with a maximum limitation of 18 teacher-participants. Each teacher-participant should produce at least one lesson plan. “Lesson plan” includes a plan of instruction that reflects the state K-12 curriculum standards, e.g. Common Core State Standards, and includes all other resources, materials, and aids required for the school-based implementation of the lesson. The lesson plan product can be multiple lessons, structured around pre- and post-visit learning.

D. Extended memorialization: Faculty members shall define how they plan to use the student research to extend memorialization of the veterans’ legacy enshrined in the National Cemetery or cemeteries of focus.

E. Collection of program assessment data: Faculty members shall design assessment instruments for their students and the K-12 students showing how this participation in this program affected students’ performance in their subject of inquiry, e.g. history, film, Education, American studies social studies, English Language Arts, art. Data should be anonymously sampled, but demonstrated to be valid and reliable.

Evaluation Rating Scale for Factors

13. PAST PERFORMANCE EVALUATION PROCESS

The Government will evaluate past performance risk using the following adjectival ratings:

The Past Performance Approach shall be evaluated based on Past Performance Questionnaires (PPQs), the Contractor’s Past Performance Narrative, and any other sources determined to be relevant in order to make a determination of risk. All past performance information shall be evaluated for quality, timeliness, and relevance (i.e., experience in providing services similar in size, scope, or complexity as those described in the RFP). The Government shall make determination of relevance. If no past performance information is readily available, the contractor may not be evaluated favorably or unfavorably on past performance.

END

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SECTION C - CONTRACT CLAUSES

C.1 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.2 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 (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

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

(e) Exceptions. If, based on one of the circumstances below, 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.3 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 . 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.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)

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

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

(4) 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 2016) (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 (Jul 2013) (41 U.S.C. 2313).

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

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

[] (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 (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) 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)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

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

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

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

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

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

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

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[X] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

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

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.