36C78620Q0019-001.docx

36C78620Q0019

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

36C78620Q0019 08- -2019 Brian Trahan

(510) 637-6270 08-23-2019

1630 PST

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 X X Y 562111 $38.5 Million N/A X Department of Veteran Affairs Willamette National Cemetery 11800 S.E. Mt. Scott Blvd.

Portland OR 97086-6937 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 See CONTINUATION Page Services, Non-Personal: Contractor to provide all necessary personnel, materials, tools, and transportation to deliver and pick up requested containters for general refuse disposal in accordance with the attached statement of work.

See CONTINUATION Page X 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 36C786 Brian Trahan Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

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.

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

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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES

Statement of Work General Refuse/Organics/Stone/Wood/Metal Removal Willamette National Cemetery

1. SCOPE: The Willamette National Cemetery, located at 11800 SE Mt Scott Blvd., Portland Oregon, has an immediate need for a weekly and “On Call” removal and disposal of general refuse, organic debris, wood, metal and stone removal from the cemetery.

1.1. The Contractor will furnish a total of 8 exterior waste containers at designated location’s in the cemetery. These containers are to be used by the Cemetery to collect and segregate its waste, recyclables, organics, wood, and stone material. Recyclable materials consist of mixed paper, cardboard and scrap metal and shall be collected in specifically segregated marked containers provided by the Contractor.

1.2. Refuse and debris includes but is not limited to general refuse and garbage from the buildings and grounds of the cemetery such as paper, cardboard, metal, and discarded floral arrangements. It will not include biological or hazardous wastes, paints, solvents or other materials that require special disposal under the regulations of local, state or federal government entities. Nor will it include general organics and yard debris such as leaves, grass clippings, pruning’s, or tree limbs and branches.

1.3. The Contractor shall be required to accomplish all the tasks and fulfill all the requirements of this SOW as described herein:

2. Equipment

2.1. The Contractor shall provide all containers as listed below. The actual locations of the containers are to be established by the Contracting Officer’s Representative (COR). The vendor will provide weekly and service for all containers listed below.

2.2. All container access doors and covers shall be fully functional and easily operable.

2.3. The vendor will provide the following containers for the collection of the below items:

2.3.1. 2 each, 6 cu yard-container for general grounds and Maintenance Refuse

2.3.1.1. Containers will be disposed of on a weekly schedule.

2.3.2. 1 each, 4½ cu yard-container for Corrugated Cardboard Recyclable

2.3.2.1. Container will be disposed of on a weekly schedule.

2.3.3. 1 each, 20-cu yard container for Metal Recyclables

2.3.3.1. Pick up and disposal will be as needed as requested by the COR

2.3.4. 1 each, 20-cu yard container for Wood

2.3.4.1. Pick up and disposal will be as needed as requested by the COR

2.3.5. 1 each, 20-cu yard container for Organics

2.3.5.1. Pick up and disposal will be as needed as requested by the COR

2.3.6. 1 each 10-cu yard container for Markers

2.3.6.1. Pick up and disposal will be as needed as requested by the COR

3. Collection and Disposal

3.1. All waste and recycling collected and removed by the Contractor shall be disposed of at an authorized licensed disposal site in the state of OR. The Contractor shall be responsible for obtaining all permits or fees associated with the disposal.

3.2. Contractor shall return containers to their original location after servicing, in an upright position with the lids securely in place (closed).

3.3. The Contractor shall be responsible for immediately cleaning up any spills, debris, etc., which may occur during servicing of containers.

4. Maintenance

4.1. The Contractor shall maintain all containers in good working condition.

4.2. The Contractor shall replace or repair any damaged, potentially unsafe, inoperative and/or unsightly piece of equipment on the job site within 24 hours of notification.

5. Communication/Coordination

5.1. Any unusual event that may delay or deter the Contractor from fulfilling the requirements of the contract should be reported immediately to the COR and documented by the Contractor.

5.2. The Contractor shall immediately notify the Cemetery’s Safety Officer (503-273-5250) and the COR of any accident on the job site that is related to the performance of this SOW that involve bodily injury or damage to property.

5.3. The Contractor shall notify the COR within 24 hours a list of container locations that were inaccessible for removal. The Contractor shall attempt to service the container the following business day or prior to the next scheduled service. The Contractor shall not invoice the Cemetery for any scheduled services that were not performed.

6. Special Requests/Work Hours

6.1. During the months of Nov-Jan and May, the Cemetery may request the temporary placement of an additional refuse container at the Cemetery. The Contractor shall invoice the Cemetery at the cost specified in the Cost Schedule for that container. Placement of an additional container shall be within 72 hours of notification.

6.2. Upon such a request the contractor will also supply and service other disposal containers of up to 20 cubic yards. These containers will be used for both seasonal and irregular collection and disposal of floral items removed from gravesites after holidays or other general refuse. Delivery and pick-up of these containers will be scheduled separately from the Contractors normal weekly service.

6.3. Unless otherwise requested in writing by the COR, the Contractor shall provide all routine and scheduled services including emptying, removing, replacing, changing and/or maintaining the waste containers on the job site only between the hours of 7:00am to 5:00pm.

6.4. If inclement weather prevents scheduled servicing, then servicing will take place the next available date within 7 business days.

7. QUALIFICATIONS:

7.1. Contractor shall have demonstrated at least three year’s experience servicing similar Waste Management contracts that are similar in size and scope of this requirement by submitting a list of references including telephone numbers, addresses, and contact names.

7.2. Contractor shall provide a plan to demonstrate that they are capable of providing ongoing requirements and services in the event of service disruptions for any reason.

Contractor shall provide a complete background of their company as well as any company utilized to sustain this contract. Information will include but is not limited to: company’s full legal name, primary business address, all other office locations (city and state), and history, along with the number of years in business.

7.3. Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract. Contractor shall incur all cost associated with fulfilling this contingency plan at no additional expense to the Government. Contractor shall be liable for all expenses incurred by the Government due to the contractor's inability to perform in accordance with these requirements.

7.4. Contractor is required to identify any subcontractors and suppliers. Contractor is responsible for supervision, contract compliance and obtaining any necessary documentation from their subcontractors or supplies performing under this contract. If the contractor intends to utilize subcontractors and suppliers other than those initially identified, operating licenses, permits, certificates and any other forms required by regulatory agencies for the new facility must be submitted to the Contracting Officer no later than thirty (30) days prior to change.

7.5. Any and all cost increases to meet additional regulatory requirements caused by such change of disposal facilities or any other contractor action relative to transport, storage, and/or disposal of regulated medical waste shall be borne by the contractor.

8. CONTRACTOR PERSONNEL:

8.1. Contractor shall provide their employees with appropriate protective clothing, equipment, and apparel as prescribed by the Occupational Safety & Health Administration (OSHA). The technician shall be dressed neatly in appropriate uniform and wear an identification badge at all times when servicing at the Willamette National Cemetery.

8.2. The contractor shall provide all training necessary to perform the work as defined in this contract. Training shall not hamper the quantity, quality, or timeliness of work requirements of the contract.

9. PERSONNEL POLICY:

9.1. The Contractor shall assume full responsibility for protection of the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

9.1.1. Workers compensation

9.1.2. General liability insurance in a minimum amount of $500,000.00.

9.1.3. Income tax withholding, and

9.1.4. Social security payments

10. PROTECTION OF GOVERNMENT PROPERTY:

10.1. During work execution, the Contractor shall take special care to protect Government property including interior and exterior building, other Cemetery surfaces (turf, headstones, roads, etc.).

10.2. Damage resulting from Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government. Contractor shall be responsible to meet all OSHA/Safety requirements in the performance of the work.

10.3. This shall include but not be limited to taking all the necessary precautions to protect the visitors and/or staff at this location. Contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.

11. PERMITS AND RESPONSIBILITIES:

11.1. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. This includes acquiring any installation listed in this contract. He shall be similarly responsible for all damages to persons or property. He shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. He shall also be responsible for all materials delivered and work per-formed until completion and acceptance of the entire work.

12. COMMUNICATION:

12.1. The contractor shall explain the communication plan for employees and subcontractors. Highly functional and efficient data and voice communications are critical for successfully performing the contract requirements.

12.2. The Contractor must be capable of sending and receiving e-mails and faxes, communicate with the Project Manager, communicate with service vehicles regularly to determine locations and relay service related messages, and send/receive electronic data files. Communication shall be critical in ensuring no interruption of services.

13. INVOICING

13.1. Contractor agrees to submit all monthly ELECTRONIC invoicing in a timely manner AND IN ACCORANCE WITH FINANCIAL SERVICES CENTER (FSC) OB10/TUNGSTEN REQUIRMENTS.

13.2. Invoices shall reference the appropriate Obligation number and be sent to the designated address for certification and payment processing.

EXHIBIT 1

FREQUENCY OF SERVICES

Current Services Only:

Willamette National Cemetery

W Dump

1x Weekly

6yd Refuse

EXHIBIT 2

SITE MAP

EXHIBIT 3 CONTRACT DISCREPANCY REPORT

DATES

CONTRACTOR NOTIFICATION:

4. DISCREPANCY OR PROBLEM (Describe in detail; Include reference in PWS / Directive. Attach continuation sheet if necessary.)

5. SIGNATURE OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

6. TO: (COR)

7. FROM: (Contractor)

8. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION, AND ACTIONS TO PREVENT RECURRENCE (Attach continuation sheet if necessary.)

9. SIGNATURE OF CONTRACTOR REPRESENTATIVE

10. DATE

11. GOVERNMENT EVALUATION OF CONTRACTOR RESPONSE/RESOLUTION PLAN (Acceptable response/plan, partial acceptance of response/plan, rejection. Attach continuation sheet if necessary)

12. GOVERNMENT ACTIONS (Payment withholding, cure notice, show cause, other.)

CLOSE OUT

CONTRACTOR NOTIFIED

COR

CONTRACTING OFFICER

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up weekly 2 each, 6 cubic yard-containers for General Grounds and Maintenance Refuse in accordance with the attached statement of work.

CO = Containers Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for wood as needed debris in accordance with the attached statement of work.

Contract Period: Base

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 10-cu yard container for Markers as needed in accordance with the attached statement of work.

Contract Period: Base

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Organics as needed in accordance with the attached statement of work.

Contract Period: Base

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Metal Recyclables as needed in accordance with the attached statement of work.

Contract Period: Base

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 4½ cu yard-container for Corrugated Cardboard Recyclable as needed in accordance with the attached statement of work.

Contract Period: Base

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up weekly 2 each, 6 cubic yard-containers for General Grounds and Maintenance Refuse in accordance with the attached statement of work.

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for wood as needed debris in accordance with the attached statement of work.

Contract Period: Option 1

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 10-cu yard container for Markers as needed in accordance with the attached statement of work.

Contract Period: Option 1

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Organics as needed in accordance with the attached statement of work.

Contract Period: Option 1

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Metal Recyclables as needed in accordance with the attached statement of work.

Contract Period: Option 1

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 4½ cu yard-container for Corrugated Cardboard Recyclable as needed in accordance with the attached statement of work.

Contract Period: Option 1

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up weekly 2 each, 6 cubic yard-containers for General Grounds and Maintenance Refuse in accordance with the attached statement of work.

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for wood as needed debris in accordance with the attached statement of work.

Contract Period: Option 2

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 10-cu yard container for Markers as needed in accordance with the attached statement of work.

Contract Period: Option 2

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Organics as needed in accordance with the attached statement of work.

Contract Period: Option 2

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Metal Recyclables as needed in accordance with the attached statement of work.

Contract Period: Option 2

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 4½ cu yard-container for Corrugated Cardboard Recyclable as needed in accordance with the attached statement of work.

Contract Period: Option 2

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up weekly 2 each, 6 cubic yard-containers for General Grounds and Maintenance Refuse in accordance with the attached statement of work.

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for wood as needed debris in accordance with the attached statement of work.

Contract Period: Option 3

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 10-cu yard container for Markers as needed in accordance with the attached statement of work.

Contract Period: Option 3

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Organics as needed in accordance with the attached statement of work.

Contract Period: Option 3

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Metal Recyclables as needed in accordance with the attached statement of work.

Contract Period: Option 3

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 4½ cu yard-container for Corrugated Cardboard Recyclable as needed in accordance with the attached statement of work.

Contract Period: Option 3

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up weekly 2 each, 6 cubic yard-containers for General Grounds and Maintenance Refuse in accordance with the attached statement of work.

Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for wood as needed debris in accordance with the attached statement of work.

Contract Period: Option 4

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 10-cu yard container for Markers as needed in accordance with the attached statement of work.

Contract Period: Option 4

QUANTITY

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Organics as needed in accordance with the attached statement of work.

Contract Period: Option 4

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 20-cu yard container for Metal Recyclables as needed in accordance with the attached statement of work.

Contract Period: Option 4

Services, Non-Personal: Contractor shall provide all labor, materials, personnel and transportation necessary to deliver and pick up 1 each 4½ cu yard-container for Corrugated Cardboard Recyclable as needed in accordance with the attached statement of work.

Contract Period: Option 4

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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.1 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through Expiration to include any options.

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

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

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 Container, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 100 Containers;

(2) Any order for a combination of items in excess of 150 Containers; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE I (APR 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after date of expiration to include any options exercised.

(End of Clause)

C.4 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)

C.5 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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.

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 9/30/2021. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2021, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total 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.9 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.

(End of Clause)

C.10 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.11 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 Oregon. 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.12 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)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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:

[] (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] [X] (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.

[] (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)).

[] (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)…