REV.04-05-2024 RFQ 36C26124Q0434 - Ergonomic Evaluations.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

662-24-2-6435-0021

36C26124Q0434

6. SOLICITATION ISSUE DATE

04-05-2024

Durell Salaz 916-923-4385 04-19-2024

1:00 PM PDT

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

3237 Peacekeeper Way, Bldg 200 Suite 204

McClellan CA 95652

X 100

X

621340

$12.5 Million

N/A

X

***See Delivery Schedule***

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

3237 Peacekeeper Way, Bldg 200 Suite 204

McClellan CA 95652

Department of Veterans Affairs

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

The Contractor shall provide Ergonomic Evaluations for

Employees of the San Francisco Healthcare System (VASFHCS).

Base Period of Performance: 05/01/2024 - 04/30/2025

Applicable Wage Determination(s):

(WD-SHASTA) WD2015-5627, REV.19, 12-26-2023

(WD-SAN FRANCISCO) WD2015-5637, Rev.25, 12-26-2023

(WD-SONOMA) WD2015-5651, REV.19, 12-25-2023

(WD-HUMBOLDT-LAKE) WD2015-5673, REV.19, 12-26-2023

See CONTINUATION Page

X

Anna Norcross

Senior Contracting Officer

36C26124Q0434

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

C.6 52.224-2 PRIVACY ACT (APR 1984)

C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) . 27

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (MAR 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT 1 – PAST PERFORMANCE SURVEY

D.2 ATTACHMENT 2 – DOL WAGE DETERMINATION 2015-5627, REV.19, DATED

12/26/2023 – SHASTA

D.3 ATTACHMENT 3 – DOL WAGE DETERMINATION 2015-5637, REV.25, DATED 12-

26-2023 – SAN FRANCISCO

D.4 ATTACHMENT 4 – DOL WAGE DETERMINATION 2015-5651, REV.19, DATED 12-

25-2023 – SONOMA

D.5 ATTACHMENT 5 – DOL WAGE DETERMINATION 2015-5673, REV.19, DATED 12-

26-2023 – HUMBOLDT-LAKE-MENDOCINO-DELNORTE

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 36C261 Anna Norcross

Department of Veterans Affairs

Network Contracting Office (NCO) 21

3237 Peacekeeper Way, Bldg. 200, Suite 204

McClellan, CA 95652

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

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

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Invoice Monthly 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.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR

Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO. DATE

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

100.00 EA __________________ __________________

Ergonomic Evaluations in accordance with SOW

Location: San Francisco VA Medical Center

Contract Period: Base

POP Begin: 05-01-2024

POP End: 04-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

Hygienics

12.00 EA __________________ __________________

Location: Santa Rosa VA OPC

Contract Period: Base

POP Begin: 05-01-2024

POP End: 04-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

5.00 EA __________________ __________________

Location: San Bruno VA OPC

Contract Period: Base

POP Begin: 05-01-2024

POP End: 04-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Downtown SF VA OPC

Contract Period: Base

POP Begin: 05-01-2024

POP End: 04-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Ukiah VA OPC

Contract Period: Base

POP Begin: 05-01-2024

POP End: 04-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Clearlake VA OPC

Contract Period: Base

POP Begin: 05-01-2024

POP End: 04-30-2025

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Francisco VA Medical Center

Contract Period: Option 1

POP Begin: 05-01-2025

POP End: 04-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Santa Rosa VA OPC

Contract Period: Option 1

POP Begin: 05-01-2025

POP End: 04-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Bruno VA OPC

Contract Period: Option 1

POP Begin: 05-01-2025

POP End: 04-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

Location: Downtown SF VA OPC

Contract Period: Option 1

POP Begin: 05-01-2025

POP End: 04-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Ukiah VA OPC

Contract Period: Option 1

POP Begin: 05-01-2025

POP End: 04-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Clearlake VA OPC

Contract Period: Option 1

POP Begin: 05-01-2025

POP End: 04-30-2026

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Francisco VA Medical Center

Contract Period: Option 2

POP Begin: 05-01-2026

POP End: 04-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Santa Rosa VA OPC

Contract Period: Option 2

POP Begin: 05-01-2026

POP End: 04-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Bruno VA OPC

Contract Period: Option 2

POP Begin: 05-01-2026

POP End: 04-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Downtown SF VA OPC

Contract Period: Option 2

POP Begin: 05-01-2026

POP End: 04-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Ukiah VA OPC

Contract Period: Option 2

POP Begin: 05-01-2026

POP End: 04-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Clearlake VA OPC

Contract Period: Option 2

POP Begin: 05-01-2026

POP End: 04-30-2027

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Francisco VA Medical Center

Contract Period: Option 3

POP Begin: 05-01-2027

POP End: 04-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Santa Rosa VA OPC

Contract Period: Option 3

POP Begin: 05-01-2027

POP End: 04-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Bruno VA OPC

Contract Period: Option 3

POP Begin: 05-01-2027

POP End: 04-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Downtown SF VA OPC

Contract Period: Option 3

POP Begin: 05-01-2027

POP End: 04-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

PRODUCT/SERVICE CODE: R428 - Support - Professional: Industrial

Location: Ukiah VA OPC

Contract Period: Option 3

POP Begin: 05-01-2027

POP End: 04-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Clearlake VA OPC

Contract Period: Option 3

POP Begin: 05-01-2027

POP End: 04-30-2028

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Francisco VA Medical Center

Contract Period: Option 4

POP Begin: 05-01-2028

POP End: 04-30-2029

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Santa Rosa VA OPC

Contract Period: Option 4

POP Begin: 05-01-2028

POP End: 04-30-2029

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: San Bruno VA OPC

Contract Period: Option 4

POP Begin: 05-01-2028

POP End: 04-30-2029

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Downtown SF VA OPC

Contract Period: Option 4

POP Begin: 05-01-2028

POP End: 04-30-2029

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Ukiah VA OPC

Contract Period: Option 4

POP Begin: 05-01-2028

POP End: 04-30-2029

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

Location: Clearlake VA OPC

Contract Period: Option 4

POP Begin: 05-01-2028

POP End: 04-30-2029

PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical

Consulting Services

GRAND TOTAL __________________

Summary:

PERIOD OF PERFORMANCE TOTAL

Base Period: 05/01/2024 – 04/30/2025 $

Option Period 1: 05/01/2025 – 04/30/2026 $

Option Period 2: 05/01/2026 – 04/30/2027 $

Option Period 3: 05/01/2027 – 04/30/2028 $

Option Period 4: 05/01/2028 – 04/30/2029 $

Grand Total Amount $

B.3 STATEMENT OF WORK

1. SCOPE

1.1. The contractor shall provide all necessary expertise, materials, equipment, labor, supervision, transportation, and resources necessary to perform ergonomic task assessments and evaluations including those for any San Francisco Veterans Affairs Health Care System (SFVAHCS) employee who may qualify for reasonable accommodation under the American with Disabilities

Act and related amendments. Ergonomic assessments and evaluations may include the observation of workplace conditions and work processes, workplace surveys and reports, ergonomic job and task analysis, and employee interviews in the identification of potential ergonomic related injury risks.

1.2. Preference for national board certification such as Certified Professional Ergonomist or Certified

Industrial Ergonomist with clinical assessment experience in the risk identification of potential musculoskeletal disorders (MSD) and injuries in the healthcare industry such as but not limited to the evaluation of safe patient handling, dental operations, sonography, and long-term residential care.

1.3. Provide month to month data and annual reports on ergonomic evaluations performed for the

Environmental Health and Safety office.

1.4. Conduct individual employee ergonomic evaluations and workplace task evaluations that are consistent with the Veterans Health Administration (VHA) and healthcare industry standard practices which assists in redesign or modification of a workstation to control the physical fatigue of the job and reducing the risk of potential MSD.

1.5. Provide concise ergonomic evaluation reports and where necessary multiple ergonomic solutions where equipment purchasing will be required for an employee. Include practical methods of control and equipment recommendations which are appropriate for an employee’s specific workstation.

1.6. Provide as requested an evaluation of specific facility workstation designs and work practices from an ergonomics perspective to Environmental Health and Safety for use by Interior Designers for the design or refurbishment of new or existing workstations, offices, or patient care rooms.

1.7. Present ergonomic evaluation reports to Environmental Health and Safety in a timely, organized manner using the recommended format no later than 10 business days after the completed ergonomic evaluation.

1.8. Provide follow-up services with the employee after the ergonomic equipment has been provided including training on the products or equipment provided for the employee.

1.9. Provide on-site ergonomic training and/or ergonomic education classes as requested.

2. STANDARDS

2.1. Contractor’s Experience: Contractor must be thoroughly knowledgeable with the VHA

Ergonomics Guidebook, published by CEOSH, dated June 2003. Contractor should follow any recommended SOPs and checklists available in the VHA Ergonomics Guidebook.

2.2. All employee’s records that arise from professional services at SFVAHCS are the property of

VA, or respective employees as allowable under applicable laws, and are not the property of the contractor.

3. PERIOD OF PERFORMANCE

3.1. Performance period will be for a base year of one-year plus four (4) one-year option periods.

4. HOURS OF WORK

4.1. Work to be performed during normal business hours, 8:00 a.m. to 4:30 p.m., Monday through

Friday excluding Federal holidays.

5. FEDERAL HOLIDAYS

5.1. New Years Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas

Day, and any other specifically declared by the President of the United States. When a legal holiday falls on a Saturday, the preceding Friday is considered a legal holiday and when the holiday falls on a Sunday, the following Monday is considered a legal holiday.

6. INVOICING

6.1. The contractor shall submit a monthly invoice, detailing the services rendered during that month and the total amount payable to for services rendered. SFVAHCS agrees to pay such invoices subject to timely and satisfactory submission of complete monthly invoices. Monthly invoices to

SFVAHCS for services rendered must clearly identify the type of services performed and the time spent in furnishing each type of service.

7. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

7.1. VHA Directive 0710, Personnel Security and Suitability Program / May 18, 2007

VA Handbook 0710, Personnel Suitability and Security Program / May 2, 2016.

7.2. Upon contract award, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA directive 0710 and must receive a favorable adjudication from CCA Personnel Security Specialist or VA Security and Investigations Center (SIC) depending on investigation or screening required. This requirement is applicable to all subcontract personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

7.3. Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement. They must provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer (CO). Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re-investigation/screening.

7.3.1. Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: Low Risk.

7.3.2. Background Investigation/Screening – It is anticipated that the Contractor or contract personnel will be providing services at a VA facility(s) for MORE than 180 days under a single contract or series of contracts or have access to VA computer data systems. The background investigation/screening commensurate with the requirements of this contract is:

NACI.

7.3.3. Contractor Responsibilities

7.3.3.1. The Contractor shall prescreen all personnel to ensure they are able to read, write, speak, and understand the English language.

7.3.3.2. The Contractor shall submit or have their contract personnel submit the following required forms to the Personnel Security Specialist or VA Contracting Officer, through the Contracting Officer’s Representative (COR) or Personnel Security Specialist, within five (5) business days of contract award.

7.3.4. Low Risk Investigative Requirements

7.3.4.1. All investigations must be completed through the Electronic Questionnaires for

Investigations Process (e-QIP). All contractors must complete the Authorization for

Investigation Worksheet before they can complete the online e-Qip.

7.3.4.2. Optional Form 306, Declaration for Federal Employment provide by VA point of contact.

7.3.4.3. Electronic Fingerprint Verification or FD 258, U.S. Department of Justice Fingerprint

Applicant Chart.

7.3.4.4. Once the items requested are completed, the Contractor is authorized to provide services under the contract. As previously stated, if the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

7.3.4.5. The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the contract.

7.3.4.6. Failure to comply with these Contractor personnel security requirements may result in termination of the contract for default.

7.3.5. Government Responsibilities

7.3.5.1. The VA Contracting Officer will ensure a time for contract personnel to complete the fingerprint portion of this requirement, if any, and the COR will be responsible for performing any duties assigned by the VA Contracting Officer with regard to fulfilling the Contractor personnel security requirements described herein.

7.3.5.2. Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph above, and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.

7.3.5.3. The requesting VA facility will pay for any portion of the investigation or screening conducted by Office of Personnel Management (OPM), if any.

7.3.5.4. Depending on the type of investigation/screening required, the Personnel Security

Specialist, or VA SIC will notify the VA Contracting Officer of the adjudicating results of the background investigation or screening.

7.3.5.5. The VA Contracting Officer and Personnel Security Specialist will ensure that the required investigations or screening have been completed or are in the process of being requested.

8. PERSONNEL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNEL

8.1. In accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of

Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted

Identification Documentation List provided below. The COR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.

9. PIV ID PROOFING CRITERIA

9.1. The following criteria must be met by all VA employees, contractors, and affiliates prior to being issued a PIV card or Temporary Identity Badge.

9.2. Two forms of identification are required from the above list of acceptable documents. Either of the following is accepted:

9.2.1. Two forms of identification from the left column (Federal or State Government issued picture

ID).

9.2.2. One form of identification from the left column (Federal or State Government issued picture

ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).

9.3. The following rules apply for form identification:

9.3.1. Any form of identification used for ID proofing may not be expired (except U.S. Passport).

9.3.2. Department of Veterans Affairs site/facility badges are not accepted as a valid form of identification.

9.3.3. VA PIV Cards are federally issued ID cards and can be used as a valid form of identification.

9.3.4. Handwritten or photocopied documents are not accepted.

9.3.5. An ID issued before a legal name change (e.g., birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g., marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired (except U.S Passport). For example, a married woman may use both a certified copy of her birth certificate displaying her maiden name and a driver’s license displaying her married name as the 2 forms of ID compliant with PIV Guidelines, as long as she provides a marriage license displaying both her maiden name and married name.

9.3.6. The Applicant’s name listed on the VA PIV Registration Portal, Request for One-VA

Identification Card, must match the name on one of the IDs presented by the Applicant.

9.3.7. The names on both forms of ID presented for ID proofing must match exactly. If one form of

ID has a middle name or initial, the other form of ID must have a matching middle name or initial. One form can contain a middle name and the other can have a middle initial as long as they match. ALL names must be accounted for on both forms of ID. Please see the acceptable and unacceptable ID proofing examples provided below.

9.3.7.1. ACCEPTABLE NAME VARIATIONS

9.3.7.1.1. ID # 1 – John Henry Smith; ID # 2 – John Henry Smith

9.3.7.1.2. ID # 1 – John H. Smith; ID # 2 – John H. Smith

9.3.7.1.3. ID # 1 – John Henry Smith; ID # 2 – John H. Smith

9.3.7.2. UNACCEPTABLE NAME VARIATION

9.3.7.2.1. ID # 1 – John Henry Smith; ID # 2 – John Smith

9.3.7.2.2. ID # 1 – John H. Smith; ID # 2 – John Smith

10. ACCESS TO AND SAFEGUARD OF VA INFORMATION/COMPUTER SYSTEMS

10.1. VA may provide contract personnel with access to VISTA and general files maintained on VA computer systems. Sharing of these access codes or misuse of VA information/computer systems is a Federal crime. When contract personnel no longer provide services to VA, the Contractor shall immediately inform the COR to deactivate their access. The COR is responsible for deactivation.

10.2. Computer access will require VA Cyber Security Awareness Training annually and acknowledge all agreements prior to access. (See attachment for security requirements). The COR is responsible for ensuring and documenting this requirement.

10.3. Contract personnel with Computer access will take necessary precautions to safeguard information and prevent disclosures. If contract personnel suspect a compromised, they will report such knowledge to the COR that same day.

10.4. Remotely access will require prior approval from Information Security Officer (ISO).

10.5. The Contractor shall make its internal policies and practices regarding the safeguarding medical electronic information available to VA. Contractors are not authorized to employ a lesser requirement then what is established by this document.

10.6. Any changes in the VA directives during the term of this contract, shall be deemed to be incorporated into this contract.

(END OF STATEMENT OF WORK)

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal

Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

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

EFT.

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

Contractor shall—

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

C.3 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 before expiration of contract.

(End of Clause)

C.4 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 before expiration of contract; 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.5 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of Clause)

C.6 52.224-2 PRIVACY ACT (APR 1984)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency.

(c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(End of Clause)

C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the

Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract.