RFQ 36C25723Q0378.docx

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.

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

674-23-2-5156-0051

36C25723Q0378 03-07-2023 Sherine Brooks Sherine.Brooks@va.gov 03-31-2023

1PM

CST

36C257

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

X

811412 $16.5 Million

N/A

36C674 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr Building 171 Temple, TX 76504

36C257

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple TX 76504

TBD

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540

See CONTINUATION Page Preventative Maintenance Services Jensen Laundry Equipment IAW the Statement of Work

See: "Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Products and Services" on page 36.

Period of Performance:

Base Year: April 5, 2023 – April 4, 2024 Option Year 1: April 5, 2024 – April 4, 2025 Option Year 2: April 5, 2025 – April 4, 2026 Option Year 3: April 5, 2026 – April 4, 2027 Option Year 4: April 5, 2027 – April 4, 2028

See CONTINUATION Page

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: TBD

b. GOVERNMENT: Contract Specialist – Sherine Brooks, Sherine.Brooks@va.gov Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

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: After completion of each service.

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.

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

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STATEMENT OF WORK

Preventative Maintenance Service Contract for Laundry Equipment

A. REQUIREMENTS

1. The contractor shall be responsible for all equipment, parts, and personnel to perform Preventative Maintenance for the Laundry Equipment in Building 226. The services performed will done at the Central Texas Veterans Health Care Facility in Waco, located at 4800 Memorial Drive, Waco, Texas 76711, Laundry Building 226.

2. The period of performance (POP) shall be a base plus 4 option years:

B. PROJECT REQUIREMENTS

1. Base Year: Provided Jensen certified technicians for onsite full-service training to VA personnel for 3-5 days, enabling VA mechanics to become fully certified technicians on Jensen Laundry equipment. Note: VA will provide a classroom for training and can filter in/out for hands-on training as well.

2. Semi-Annual & Annual Service: During the contract period, the contractor will send a team of certified Jensen technicians, twice per year to perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment. The contractor will give a three (3) week notice on a lead time to be onsite to perform these services.

a. Travel cost and per diem expense will be included on these visits in this contract. The VA allocates seven (7) days (2 travel days and 5 days of onsite service and training) for travel.

b. At the beginning of all onsite visits, a coordination meeting will take place for VA technicians to explain recurring problems with equipment if failures exist.

6. At the end of each service, the contractor will meet with the VA POC to provide a breakdown of services performed.

C. PREVENTATIVE MAINTENANCE

1. Perform all preventative maintenance prescribe by manufacture’s recommendations on all equipment as applicable:

a. Test and confirm operation of all safety devices.

b. Blow down lint and wipe down unit. Remove any stray ironer tape or lint.

c. Clean and test all photocells, reflectors, and sensors.

d. Pulleys and belts: check belt tension and adjust as needed. Inspect belts for cracking, frays, wear, and alignment. Adjust and tighten pulleys and belts as needed. Replace belts and pulleys if needed.

e. Inspect and clean all motors. Check for proper current draw within proper range. Adjust as needed.

f. Lubricate all grease fittings. Remove excess grease to eliminate lint build up.

g. Motors: Clean fan intakes, inspect motors, record amperage readings and service as necessary. Check for proper current draw and adjust as needed.

h. Pneumatic system: inspect airlines for leaks and crimps. Replace as needed. Inspect solenoids for proper operation and leaks. Ensure air filter is no more than half full. Check and adjust lubricator level.

i. Fittings, valves, hosing, piping: Inspect for damage or leaking. Recommend replacement as needed.

D. LIST OF EQUIPMENT

1. Jensen Rapid Folders (6)

2. Jensen Feeders (4)

3. Jensen Ironer (3)

4. Jensen Folder (4)

5. Jensen Stacker (4)

6. Jensen Pickers (3)

E. REPLACEMENT PARTS

1. For all parts that need to be replaced and are not expressly outlined in the statement of work above as “replace”, the vendor will provide a list of parts needed to the VA maintenance and operations shop to be ordered.

2. Parts that are “recommended” as replacement will be ordered by the VA. A timeline of when the parts need to be available for installation will be provided by the vendor.

3. For all replacement parts that are not labeled as recommend or replace, treat as recommend.

4. The parts ordered by the VA maintenance and operations shop and installed by the vendor:

a. If the equipment is not functional without the parts, the vendor will install the parts within 24 hours of their receipt onsite.

b. If the equipment is functional, the vendor will install the parts at the next preventive maintenance visit.

5. Contractor will contact VA COR or Alternative COR 72 hours prior to the start of the work to ensure availability to work on units.

F. POINT OF CONTACT

1. Contracting Officer’s Representative (COR): Rene’ Flores, 254-297-3722, Rene.Flores2@va.gov,

2. Alternate: Moses Briscoe, 254-709-0523, Moses.Briscoe1@va.gov

G. GOVERNMENT HOLIDAYS

1. The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

2. In addition to the days designated as holidays, the Government observes the following days:

a. Any other day designated by Federal Statute

b. Any other day designated by Executive Order

c. Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

H. INVOICES AND PAYMENT

1. The NTE amount is estimated and may increase/decrease as required. Prior to performing work against this NTE line item, the contractor shall provide a written quote to the COR detailing the required work/modification, parts, and cost.

2. Payment to be made monthly, in arrears, following satisfactory performance by Contractor’s personnel and upon receipt of a properly prepared invoice.

3. Contractor shall be required to invoice through the Tungsten System at http://www.tungsten-network.com/us/en/veterans-affairs/. Additional information regarding Tungsten shall be provided upon award.

4. The contract shall have current registration in the System for Award Management (SAM) for this solicitation; URL: www.sam.gov.

5. The invoice MUST be itemized to include the following information. Any information listed below, and not provided on an invoice, will render that invoice incomplete and the invoice will be returned for immediate correction:

a. Time period being invoiced for.

b. Description of services performed.

c. Unit Cost billed.

d. Extended amount due.

e. Invoice number, date, and amount partial or full

f. Contract and obligation numbers.

I. SITE CONDITIONS

1. Although not mandatory, a site visit is highly recommended prior to providing a quote, to fully acquaint oneself with existing site conditions and scope of work

2. It is Contractor’s responsibility to field verify all site conditions prior to providing a quote.

3. The contractor shall be responsible for the verification of all requirements for this project and all field measurements/conditions that must be verified by the contractor.

4. Any discrepancies between field conditions, project documents, and this SOW shall be immediately brought to the Contracting Officer’s attention.

5. All scheduled work shall be done during working hours unless other wised noted by the VA COR. Working hours are Monday – Friday from 9:00 am – 5:00 pm.

6. Any other times, not address in the SOW, will need to be scheduled with the VA COR to work if needed to satisfy this contract.

7. Contractor must be provided Jensen Certification to perform Preventative Maintenance (PM) to work on machines.

8. Contractor must adhere to the 72-hour response time for service calls, when needing a Jensen technician to repair a machine on the Waco campus.

9. Contractor must provide supervision from their company (NOT SUBCONTRACTOR’s Company), for VA personnel to ask and address any concerns at any time.

10. Extra funds will be set aside for all parts/repairs on Jensen Laundry Equipment which must be approved by COR before being used.

J. SAFETY REQUIREMENTS

1. Prior to performing any work, the contractor will be required to submit a safety plan in accordance with OSHA and VA Regulations. The safety plan shall include, but not limited to the following:

a. Safety and Health Policy (i.e. company policy)

b. Safety and Health Objectives (i.e. company goals, procedures, etc.)

c. Job Site Inspections (i.e. safety inspection/potential hazards/prevention, etc.)

d. Contractor Safety Administrator (i.e. competent person/safety officer)

e. Personal Protective Equipment (i.e. head, hearing, and eye protection, footwear, clothing, gloves, etc.)

f. Safety Rules (i.e. rules applicable to the work/task being performed, equipment, ladders, confined spaces, open flame, etc.)

g. Job Safety Training (i.e. OSHA, safety meetings, etc.)

i. 30 Hour OSHA Construction Safety Course – competent person

ii. 10 Hour OSHA Construction Safety Course – all others

h. Safety Discipline (i.e. correction of violations, etc.)

i. Hot Work Permit (i.e. responsibilities, procedures, etc.)

j. Emergency Procedures (i.e. responsibilities, procedures, etc.)

k. Written Hazard Communication Program (i.e. responsibilities, procedures, list of hazards, MSD)

K. CODES AND STANDARDS

1. The project shall be in accordance with the latest Uniform Building Code (UBC), National Fire Protection Associate (NFPA) standard, Uniform Federal Accessibility Standard (UFAS), VA Specifications and Standards, and local facility requirements. In the event there is a conflict between any of the standards/codes, the more stringent standard/code shall apply.

2. The contractor shall provide all applicable safety signage and barricades applicable to OSHA, VHA and DOD regulations. Contractor shall comply with VHA DIRECTIVE 2004-012 and all VA Center Policy Memorandums, including but not limited to the following:

a. Protection of patients, visitors, and employees from traumatic injury, as well as occupational and facility–associated infections.

b. Compliance with OSHA and State construction safety regulations. Construction contracts require that the general contractor’s on-site “competent person” have completed the OSHA 30-hour construction worker course and that all other general and sub-contractor’s workers have completed the OSHA 10-hour construction worker course or other relevant competency training. The determination for training is based on the project hazards and complexity, State and Federal regulations and VA requirements. Verification of completion of training will be required prior to performing work.

c. Compliance with EPA and State environmental regulations.

L. WARRANTY PERIOD

1. Contractor must provide one (1) year warranty on parts and labor.

2. Warranty period does not start until VA COR signs off on the project.

End Statement of Work

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Provided Jensen certified technicians for onsite full-service training to VA personnel for 3-5 days, enabling VA mechanics to become fully certified technicians on Jensen Laundry equipment.

Note: VA will provide a classroom for training and can filter in/out for hands-on training.

Contract Period: Base POP Begin: 04-05-2023 POP End: 04-04-2024

Semi-Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Base

Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Base

Online Services: The contractor will provide online services 24/7 to submit service and warranty tickets.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Base

Call Center: The contractor will provide the VA 24/7 access to a customer service call center to help troubleshoot repairs for each year of service.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Base

Additional Service Calls: The contractor will allow for up to four (4) service calls for unforeseen work from a certified Jensen Technician throughout the year. This will require the technician to be onsite within 72 hours to be on site to troubleshoot and fix the equipment.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Base

Replacement Parts not Covered under Preventative Maintenance Services.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Base

Semi-Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 1 POP Begin: 04-05-2024 POP End: 04-04-2025

Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 1

Online Services: The contractor will provide online services 24/7 to submit service and warranty tickets.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 1

Call Center: The contractor will provide the VA 24/7 access to a customer service call center to help troubleshoot repairs for each year of service.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 1

Additional Service Calls: The contractor will allow for up to four (4) service calls for unforeseen work from a certified Jensen Technician throughout the year. This will require the technician to be onsite within 72 hours to be on site to troubleshoot and fix the equipment.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 1

Replacement Parts not Covered under Preventative Maintenance Services.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 1

Semi-Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 2 POP Begin: 04-05-2025 POP End: 04-04-2026

Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 2

Online Services: The contractor will provide online services 24/7 to submit service and warranty tickets.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 2

Call Center: The contractor will provide the VA 24/7 access to a customer service call center to help troubleshoot repairs for each year of service.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 2

Additional Service Calls: The contractor will allow for up to four (4) service calls for unforeseen work from a certified Jensen Technician throughout the year. This will require the technician to be onsite within 72 hours to be on site to troubleshoot and fix the equipment.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 2

Replacement Parts not Covered under Preventative Maintenance Services.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 2

Semi-Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 3 POP Begin: 04-05-2026 POP End: 04-04-2027

Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 3

Online Services: The contractor will provide online services 24/7 to submit service and warranty tickets.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 3

Call Center: The contractor will provide the VA 24/7 access to a customer service call center to help troubleshoot repairs for each year of service.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 3

Additional Service Calls: The contractor will allow for up to four (4) service calls for unforeseen work from a certified Jensen Technician throughout the year. This will require the technician to be onsite within 72 hours to be on site to troubleshoot and fix the equipment.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 3

Replacement Parts not Covered under Preventative Maintenance Services.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 3

Semi-Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 4 POP Begin: 04-05-2027 POP End: 04-04-2028

Annual Service: Perform 100% of the manufacture’s recommendations for normal procedures of Preventative Maintenance (PM) Service on all Jensen Equipment.

Contract Period: Option 4

Online Services: The contractor will provide online services 24/7 to submit service and warranty tickets.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 4

Call Center: The contractor will provide the VA 24/7 access to a customer service call center to help troubleshoot repairs for each year of service.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 4

Additional Service Calls: The contractor will allow for up to four (4) service calls for unforeseen work from a certified Jensen Technician throughout the year. This will require the technician to be onsite within 72 hours to be on site to troubleshoot and fix the equipment.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 4

Replacement Parts not Covered under Preventative Maintenance Services.

This is a Not-To-Exceed Line Item that will require COR Approval prior to performing any work. (Amount to be entered by the Government at award.)

Contract Period: Option 4

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful offeror must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

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VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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 (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [X] (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. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (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 (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (JAN 2021) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

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

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(xv) 52.222-53, Exemption from Application of…