S02 36C25723Q0949.pdf

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H999--Legionella sampling | Amarillo Federal contract opportunity
Solicitation number
36C25723Q0949
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17

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This solicitation is for legionella sampling services at various facilities of the Veterans Health Administration located in Amarillo, Texas. The contractor shall provide quarterly environmental water testing covering multiple buildings on site, as well as quarterly samples from the cooling tower and ice machines. Additional resamples may be required if initial results are outside acceptable limits. The contractor must utilize a CDC-certified laboratory and follow all protocols per VHA Directive 1061. The performance period is for a base year with four optional one-year extensions. Pricing is required for the base and all option years. Offers are due by July 31, 2023 with award anticipated shortly after. The Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 17 is the contracting agency.

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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

504-24-1-6143-0001

36C25723Q0949 07-07-2023

Lorri Schoellkopf 210 617 5300 X60778 07-31-2023

3PM CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

541620

$19 Million

N/A

X

36C504

Department of Veterans Affairs Thomas E. Creek VA Health Care System 6010 West Amarillo Blvd

Amarillo TX 79106-1990

36C257

Department Of Veterans Affairs Network Contracting Office 17

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

Legionella Sampling

See Scope of Work for details.

RFQ Question cut-off date/time: 7/20/2023 @ 3PM CDT.

See CONTINUATION Page

X X

X 1

Joseph A. Leyte Contracting Officer http://www.fsc.va.gov/einvoice.asp

36C25723Q0949

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCOPE OF WORK

PERIOD OF PERFORMANCE:

HOLIDAY DATE

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

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) ... 23

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.7 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 30

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.4 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.5 BASIS FOR AWARD

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 36C257 Joseph A. Leyte Department Of Veterans Affairs Network Contracting Office 17

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] 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.

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

AMENDMENT NO DATE

B.2 SCOPE OF WORK

A contract shall be established to maintain the Healthcare-Associated Legionella Disease Prevention program at this location based on Veterans Health Administration (VHA) policy, VHA Directive 1061.

A. Environmental Water Testing.

B. HACCP Plan Review and Support.

PERIOD OF PERFORMANCE:

Base Year 01/01/2024-12/31/2024 Option Year 1 01/01/2025-12/31/2025 Option Year 2 01/01/2026-12/31/2026 Option Year 3 01/01/2027-12/31/2027 Option Year 4 01/01/2028-12/31/2028

U.S. LEGAL HOLIDAYS: The following is a list of U.S. Government holidays. If the holiday falls on a Saturday, the proceeding Friday is observed as the holiday; if the holiday falls on a Sunday, the following Monday is observed as the holiday.

HOLIDAY DATE

New Year’s Day Jan 1

Martin Luther King’s Birthday 3rd Monday in Jan

President’s Day 3rd Monday in Feb

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day 1st Monday in Sep

Columbus Day 2nd Monday in Oct

Veterans Day Nov 11

Thanksgiving Day 4th Thursday in Nov

Christmas Day Dec 25

SCOPE OF WORK

Environmental Legionella Water Testing, The contractor shall provide services to accomplish environmental water testing that covers the tables below and a pricing basis for more detailed sample analysis when a case is identified to help determine if the species responsible for the patient’s illness is detected in environmental samples.

20 - Quarterly samples from Bldgs. 1, 28, 29, 54 & 35 = 400/yr. 400

3 - Quarterly sample from Cooling Tower = 4/yr. 12

6 - Quarterly samples from Ice Machines = 24/ yr. 24

40 - Quarterly resamples if needed = 160/yr. 160

Total yearly samples 596

TABLE 1 Estimated Annual Quantity of Environmental Water Tests

FACILITY

Frequency

Total Number of yearly Samples

Building 1 Quarterly 80

Building 28 Quarterly 80

Building 29 Quarterly 80

Building 35 Quarterly 80

Building 54 Quarterly 80

Cooling Tower Quarterly 12

Ice Machines Quarterly 24

Resamples if needed Quarterly 160

Samples will be drawn by VA staff.

Qty Description of Requirement

Laboratories that process the water samples for Legionella shall be certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program or the Public Health England (PHE) Legionella External Quality Assessment (EQA) scheme as proficient at performing the culture of Legionella from environmental samples. Laboratories shall also have environmental microbiology accreditation by a recognized accrediting program e.g., EMLAP, NELAP.

The contractor shall provide personnel, management and supervision, transportation, equipment, and materials to perform legionella water testing analysis and other ancillary services. Transportation costs covered includes both contractor staff and all aspects of sample transport for VA collected samples. Samples shall be transported in such a manner as to ensure the integrity of the specimen in accordance with analytical methodologies and the contractor's requirements. The contractor shall be responsible for all sample transport costs by providing a courier service for pick up and transport or by paying charges for a commercial transport service (i.e., FedEx or UPS). There is no government furnished equipment. The contractor shall provide boxes, bottles, chain of custody, labels, packaging and all other required items including shipping costs i.e., dry ice or cold packs etc.

Quantities of expected routine quarterly testing are provided as an attachment with a breakdown by facility. This list of estimated testing is identified in Attachment, Table 1.

Sample quantities and locations may vary and sample quantities are not guaranteed by the government. For routine and quarterly testing, laboratories shall minimally determine if the Legionella detected in environmental samples is the species Legionella pneumophila, identify if it is serogroup 1, other serogroups (2-14) or other legionella species. The laboratory shall also be able to perform more detailed speciation analysis for non-routine situations i.e. to support investigation in response to an identified legionella case. Rapid testing methods such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA) shall not be used.

It is noted that our facility is currently utilizing MIOX as a supplementary source of Chlorine.

Sampling protocol shall meet the requirements of VHA Directive 1061 and the accredited laboratory that shall be processing the Legionella water samples. A chain of custody form used by the laboratory shall be provided to the VA. The chain of custody form shall accompany the samples and the completed copy received by the lab shall be submitted with the Lab sampling results to the VA location where the water samples were taken.

Test Results are expected in 11days of sample draw and are not to exceed 14 days. The contractor shall work with the facility to maximize the process to support an 11 day turn around. Each sample taken will include the water temperature, level of residual biocide and pH. Test result reporting is to be formatted to include this information in a manner that easily associates the culture results to the additional test data. VA collected data is to be included in submitted reports when provided to the contractor. The VA shall have final approval on the format used for test results.

The Contractor shall outline a plan to facilitate the management of Environmental Validation data. The Contractor's plan shall include procedures for:

i. Providing all sample analysis reports via email to this facility's COR. A web-based collection point may be used in addition. Analytical reports shall include a signed copy of the chain of custody, identification of sampling locations, analytical results and method detection limits and description of test methodology.

ii. Providing the VAMC COR with progress reports on testing completion dates and supplemental actions to be taken, including the quantity and location of outlets tested and the frequency of such testing. Testing shall be in accordance with the requirements of VHA Directive 1061.

iii. Developing a chain of custody to identify the contractor's responsibility for; collecting environmental water samples, ensuring that the water samples are transferred to the environmental testing laboratory, receiving the results, and reporting the results to the

COR.

iv. Emailed results shall be in excel format. Contractor shall also provide the results in a PDF document. Once VA/ VHA establish a nationwide database with data uploading capability the contractor shall use that format.

Routine quarterly testing shall be scheduled in advance.

The limit of detection of legionella is to be no higher than 10 cfu/ml for cooling towers and no greater than 1 cfu/ml for all other areas.

The contractor shall establish a procedure with our facility ensuring ample sample containers and associated items are on hand to expeditiously process

Contractor shall culture samples in accordance with standard methods for Legionella isolation by culture as described in the ISO standards 11731-1:1998 and 11731-2:2004

A Monthly status report is to be provided to the VISN 17 indicating all testing performed in the previous month and testing already scheduled for the following month.

HACCP Plan Review and Support:

Services shall be offered to perform an annual review of the existing program and ongoing support. The HACCP Plan is based on the following principles:

1. A review of the Hazard Analysis and Critical Control Point (HACCP) Type Water Safety Plan for Legionella for domestic and cooling systems to identify risk and implement control measures. The HACCP type Water Safety Plan shall utilize requirements and best practices from the following:

• ASH RAE Standard 188P. Prevention of Legionella Associated with Building Water Systems, 188P_article-analyst-standard.pdf (aqualine.net) https://www.aqualine.net/wp-content/uploads/2013/02/188P_article-analyst-standard.pdf

• VHA Directive 2008-010, Prevention of Legionella Disease, https://www.va.gov/oig/pubs/VAOIG-13-01189- 267.pdf#:~:text=VHA%20Directive%202008- 010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20red uce%20Legionella%20in%20the%20water%20distribution%20system.

• VHA Directive 2009-009, Domestic Hot Water Temperature Limits for Legionella Prevention and Scald Control, http://www.nationsmarketing.com/files/VHA_DHW.pdf#:~:text=This%20Directive%20at tempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20 prevention%20of%20scalding%2C%20and%20energy%20conservation.

• OSHA Technical Manual - Section Ill: Chapter 7

• Safe Drinking Water Act (SDWA), https://www.epa.gov/sdwa

• ASH RAE Guideline 12-2000. ASH RAE Standard Minimizing the Risk of Legionella

Associated with Building Water Systems, https://www.montgomerycountypa.gov/DocumentCenter/View/1036/ASHRAE?bidId=

• Joint Commission Environment of Care Standards - EC 02.05.001, https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:~:text=Standard%20EC.02.05.01%20The% 20hospital%20manages%20risks%20associated%20with,and%20operational%20needs .%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202.

• CTI Guidelines WTB-148. Legionella Guideline: Best practices for Control of Legionella

• VHA Directive 1061, Prevention of Health Care-Associated Legionella Disease and Scald Injury from Water Systems, https://f.hubspotusercontent00.net/hubfs/1156403/VHA%20Directive%201061%20(20 21).pdf

2. General HACCP Plan Principle Includes:

Conduct Hazard Analysis - Collect and evaluate information on hazards associated with the building water system to decide which hazards are significant and shall be addressed.

Determine Critical Control Points (CCP) - These are steps within a process at which biological, chemical or physical factors can be controlled to prevent or eliminate a hazard or reduce it to an acceptable level. CCPs are those locations in the building water system at which hazard control is applied. This includes the inspection and review of current plumbing fixtures at points of use (i.e., shower heads, faucets, etc.) to determine compliance with VA design criteria and standards.

Consideration should be given to hands-free fixtures and related water conservation devices that present conflict with infection control practices.

Establish critical limits for each CCP -This is a maximum, minimum or range of values to which a biological chemical or physical parameter shall be controlled at a CCP, to prevent, eliminate or reduce to an acceptable level the occurrence of the hazard.

https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system https://www.va.gov/oig/pubs/VAOIG-13-01189-267.pdf#:%7E:text=VHA%20Directive%202008-010%2C%20Prevention%20of%20Legionella%20Disease%2C%20outlines,and%20reduce%20Legionella%20in%20the%20water%20distribution%20system http://www.nationsmarketing.com/files/VHA_DHW.pdf#:%7E:text=This%20Directive%20attempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20prevention%20of%20scalding%2C%20and%20energy%20conservation http://www.nationsmarketing.com/files/VHA_DHW.pdf#:%7E:text=This%20Directive%20attempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20prevention%20of%20scalding%2C%20and%20energy%20conservation http://www.nationsmarketing.com/files/VHA_DHW.pdf#:%7E:text=This%20Directive%20attempts%20to%20balance%20the%20risk%20of,of%20Legionellapneumonia%2C%20prevention%20of%20scalding%2C%20and%20energy%20conservation https://www.epa.gov/sdwa https://www.montgomerycountypa.gov/DocumentCenter/View/1036/ASHRAE?bidId= https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202 https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202 https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202 https://legionella.org/wp-content/uploads/2017/02/EC.02.05.01.pdf#:%7E:text=Standard%20EC.02.05.01%20The%20hospital%20manages%20risks%20associated%20with,and%20operational%20needs.%20%28See%20alsoEC.02.06.05%2C%20EP%201%29%202 https://f.hubspotusercontent00.net/hubfs/1156403/VHA%20Directive%201061%20(2021).pdf https://f.hubspotusercontent00.net/hubfs/1156403/VHA%20Directive%201061%20(2021).pdf

Establish a system to monitor control of CCPs - This includes the development and implementation of planned sequence of observations or measurements to assess whether a CCP is under control and to produce an accurate record for future use in verification. In this step in the process a set of procedures shall be developed describing a continuous process of monitoring all the CCPs. Note - the minimum requirements in VA Directive 1061 shall be met.

Establish Corrective Actions - to be taken when monitoring indicates that certain CCP’s are not under control. Development of a procedure that defines the actions necessary to correct the conditions at a CCP when monitoring shows that results are falling outside the critical limits.

Establish procedures for verification confirm the HACCP plan is working effectively Development of procedures that determine the validity of the HACCP plan and if it is operating as required.

Process Flow Diagrams for the water systems with CCP steps identified - Review schematic step wise illustration of how potable water and utility water (non-potable) are processed in the facilities.

Hazard Analysis Summaries - Plan includes the name and number of each processing step in each identified building water system and the potential hazards for each processing step.

The plan indicates whether the team judges the risk at each step to be significant and briefly states the basis for that decision. It lists hazard control that is currently applied and/or identifies hazard controls that could be applied to prevent, eliminate or reduce the hazard at each control point. CCPs are selected and indicated in the hazard analysis summaries and shall also be indicated on the process flow diagrams.

Monitoring Schedules - Are developed and documented for each CCP. They include the frequency with which each CCP is monitored and the timeframe within which corrective actions shall be taken when critical limits are exceeded. Note - the minimum requirements in VA Directive 1061 shall be met.

Equipment Device Maintenance procedures are developed for each potable or utility device identified in the process flow diagram and includes:

• Requirements for the design, maintenance and operation of potable water systems including:

1. New Construction and Renovation - The HACCP plan addresses potential hazards from:

• Possible cross connections between potable and non-potable water

• Inadequate access to equipment with water storage capacity such as water expansion tanks, water hammer arrestors and water heaters

• Dead legs or low flow portions of the piping system

• Stratification in hot or cold-water storage tanks and heaters

• Heat transfer from hot or cold-water piping

2. New Systems Startup and Shutdown: The HACCP plan includes procedures for:

• Cleaning and disinfection before commissioning any new system.

• Shutdown, including any draining, purging, cleaning treatment and control settings

• Any unplanned loss of operating energy, loss of water treatment chemicals or system component repair or replacement.

• Restarting safely from a drained shutdown condition or from an undrained shutdown.

• Monitoring and treatments following water supply interruptions or breaks in water supply piping.

• The method and frequency of temperature measurements in water heaters and distribution systems.

3. System Maintenance: The HACCP plan includes:

• Inspection frequencies for water containing vessels and system components

• Maintenance procedures based on equipment manufacturers' recommendations for system components (e.g., hot and cold storage tanks, ice machines, expansion tanks, water filters etc.).

• Corrective action log templates

• System component operating manuals

4. Water Treatment: The HACCP plan includes:

• A Review of the water treatment/filter plants, including operation practices and water storage facilities for compliance with VHA and State requirements.

• Monitoring method and frequency of temperature measurement in the hot and cold systems and oxidant residual measurement in the hot and cold-water system.

• Inspection and maintenance schedule for all water treatment.

Included secondary systems that may be in place.

5. Emergency Disinfection: The HACCP plan develops site-specific procedures to be followed if there is suspected legionella within the potable water system.

• Preventative measures for cooling towers and evaporative condensers including:

• Equipment siting if applicable

• New system start up if applicable

• System maintenance including the frequency of inspections, basin and sump cleaning, and purging of low flow zones.

• Water treatment including a plan for control of microbiological activity, scale, and corrosion.

• Shutdown and startup procedures that shall include chemical pretreatment steps as well as system drainage requirements for shutdown periods.

• Disinfection procedures

Validation Summary - Includes justification and scientific evidence used to validate the selection of each CCP and each critical limit selected by the HACCP team. It also validates that the selection of critical limits to comply with local guidance and regulations.

Verification Schedule - is determined and lists all verification activities and the frequency with which they shall be performed.

Planned Responses to disruptions in water service - The plan identifies and includes recommended responses to disruption in water service at each of the areas identified in Table I. Disruptions in water service have been repeatedly associated with Legionella outbreaks.

Water Treatment and Management Program

The Water System Treatment Management program shall include the following elements:

• A site plan showing location of the equipment and possible sources of contamination

• Documentation that a plan relative to design, installation and start-up of the equipment has been developed.

• Equipment diagrams showing the locations of maintenance points and monitoring points for critical limits

• Written policies and procedures that include:

o A description of water treatment and management procedures that establish the treatment critical limits o Treatment monitoring schedule o Maintenance schedule o Frequency of tasks o Corrective actions for deviations from the treatment critical limits o Responsible persons o A procedure to record and regularly review all

Water System Treatment Management Program activities.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

400.00 EA __________________ __________________

Quarterly samples from Bldgs. 1, 28, 29, 54 & 35 Contract Period: Base POP Begin: 01-01-2024 POP End: 12-31-2024

12.00 EA __________________ __________________

Quarterly sample from Cooling Tower Contract Period: Base

24.00 EA __________________ __________________

Quarterly samples from Ice Machines Contract Period: Base

160.00 EA __________________ __________________

Quarterly resamples by request Contract Period: Base

Contract Period: Option 1 POP Begin: 01-01-2025 POP End: 12-31-2025

Contract Period: Option 1

Contract Period: Option 1

Quarterly resamples by request Contract Period: Option 1

Contract Period: Option 2 POP Begin: 01-01-2026 POP End: 12-31-2026

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 2

Contract Period: Option 3 POP Begin: 01-01-2027 POP End: 12-31-2027

Contract Period: Option 3

Contract Period: Option 3

Quarterly resamples by request Contract Period: Option 3

Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028

Contract Period: Option 4

Contract Period: Option 4

Contract Period: Option 4

GRAND TOTAL __________________

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):

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

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18

52.204-27

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

PROHIBITION ON A BYTEDANCE COVERED

APPLICATION

AUG 2020

JUN 2023

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

[] (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]

[] (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).

[] (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.

[] (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.

[] (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 (MAR 2023) (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).

[] (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).

Employee Class Monetary Wage-Fringe Benefits

Environmental Technician $22.79

[] (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 the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232–40.

(xxiii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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 15 calendar days of contract expiration.

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

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

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

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

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

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see 13 CFR 128.102, Surviving spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to

38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small

Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38

U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C.

101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term "SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

https://veterans.certify.sba.gov/ https://www.va.gov/oal/library/vaar/vaar819.asp#81970

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause…

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