S02 Combined Synop-Sol 36C26023Q0261.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Security Guard Services for Mat-Su Community Based Outpatient Clinic (CBOC), Alaska, Dept of Veterans Affairs

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 98661

SOLICITATION NUMBER* 36C26023Q0261

RESPONSE DATE/TIME/ZONE 02-21-2023 0900am MOUNTAIN TIME, DENVER, USA

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSB

PRODUCT SERVICE CODE* R430

NAICS CODE* 561612

CONTRACTING OFFICE ADDRESS NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

POINT OF CONTACT*

Contract Specialist Danielle Carrico danielle.carrico@va.gov 208-422-1000 x7420

PLACE OF PERFORMANCE

ADDRESS Dept of Veterans Affairs Mat-Su CBOC

865 N Seward Meridian Parkway, Suite 105 Wasilla AK

POSTAL CODE 99654

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov/alaska-health-care/ URL DESCRIPTION Dept of Veterans Affairs - Alaska

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Security Guard Services for

Mat-Su Community-Based Outpatient Clinic (CBOC), Wasilla, Alaska

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

1. Solicitation #: 36C26023Q0261. This is a Request for Quotation (RFQ). As this is a COMBINED SYNOPSIS/SOLICITATION, no SF1449 is provided.

2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01, effective December 30, 2022 and VA Acquisition Regulation (VAAR), effective December 20, 2022.

3. This solicitation is set aside for Service-Disabled Veteran-Owned (SDVOSB) Small

Businesses. The NAICS code is 561612, Security Guards and Patrol Services, small business size standard $25.5M.

4. See item information 0001-4001 below for items, quantities, unit of measure, as well as option year one (1) – four (4).

5. Description of items: One (1) unarmed and uniformed security guard is needed to be stationed at, patrol and survey the area surrounding the Mat-Su CBOC the specific areas to be patrolled are: exterior leased property including the parking lot. The contractor shall provide coverage Monday through Friday 7:00 am to 4:30 pm even in the event of a sick call by a security officer. See PWS.

6. Period of Performance:

a. Base Year: 1 Mar 2023 to 29 Feb 2024

b. Option Year 1: 1 Mar 2024 to 28 Feb 2025

c. Option Year 2: 1 Mar 2025 to 28 Feb 2026

d. Option Year 3: 1 Mar 2026 to 28 Feb 2027

e. Option Year 4: 1 Mar 2027 to 29 Feb 2028

7. Provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial

Services, applies to this acquisition. This includes any addenda to the provision. See below.

8. Provision at 52.212-2, Evaluation-Commercial Products and Commercial Services applies to the solicitation. See below.

9. All offerors must complete 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. See below.

10. Clause at 52.212-4, Contract Terms and Conditions-Commercial Products and

Commercial Services, applies to this acquisition. This includes any addenda to the clause. See below.

11. Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or

Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

12. IMPORTANT!! Offerors due 21 February 2023, 09:00 AM MST. ALL OFFERORS

ARE REQUIRED TO SUBMIT PARTS 1 THROUGH 3 UNDER E.6, ITEM 4. (PAGE 49)

TO BE CONSIDERED RESPONSIVE OF THIS SOLICITATION. ENSURE YOU HAVE

COMPLETED AND SUBMITTED CERTIFICATE UNDER VAAR 852.219-75.

13. Questions to this RFQ shall be submitted via electronic mail to the Contract Specialist, Danielle Carrico at danielle.carrico@va.gov. Questions shall be accepted until 9:00am MST 16 February 2023. The Government is not obligated to respond to any questions received after that date and time. All questions received within the designated timeframe that the Government considers relevant, will be answered. Responses to questions will be provided as amendment to the RFQ that will be made available to all potential Offerors. Telephonic inquiries are not acceptable and will not receive a response.

14. Point of Contact: Contract Specialist, Danielle Carrico, danielle.carrico@va.gov

36C26023Q0261

Table of Contents

SECTION B - CONTINUATION

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...17

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWENED SMALL BUSIENSSES (NOV 2022)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..25

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS – MAT-SU

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

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

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

E.6 BASIS OF SELECTION / QUOTE PREP

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

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

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 PERFORMANCE WORK STATEMENT

1) CONTRACT TITLE: Security Guard Services for the VAMC Alaska - Mat-Su CBOC

2) BACKGROUND: The CBOC located in Wasilla, Alaska requires uniformed unarmed security guard services.

3) SCOPE: The contractor shall furnish all personnel, equipment, and supplies, except as specified as Government-furnished, to provide Security Services at the following CBOC.

a. The following locations will be provided with one security guard: Mat-Su CBOC, AK

4) SPECIFIC TASKS

1. The contractor shall provide unarmed and uniformed security guards that can be scheduled for daytime security duties, be available to respond to requests for assistance on an on-call basis and can patrol designated areas in and around the Clinics. The contractor shall provide coverage Monday through Friday 7:00 am to 4:30 pm even in the event of a sick call by a security officer.

2. The contractor shall supply security guards that meet the following minimum requirements:

a. Have a minimum of five years of performing security guard’s duties. The Contractor shall have experience working with persons who are veterans and persons may suffer from cognitive, mental health or substance abuse problems.

b. Have successfully met and passed all pre-employment screening tools, such as drug testing, Alaska Security Guard certification, criminal background check, and employment reference checks.

c. Demonstrate an ability to de-escalate potentially volatile situations without the use of force, to the problem-solve, i.e., ability to process information combined with experience and knowledge to achieve a reasonable solution, and to mediate the conflict.

d. Demonstrate an understanding of the concepts of community policing, and demonstrate the ability to work, interact, and build effective partnerships with the VA Police, local police agencies, neighbors and/or resident staff.

3. The contractor shall supply security guards who will be able to perform at a minimum the following duties:

a. Security guards shall interact with all individuals encountered in and around the designated areas of surveillance to provide information, problem-solve, prevent unlawful activity, take appropriate action when necessary and promote positive public relations.

b. Security guards shall patrol the areas around the CBOC Clinics and report any illegal activity, unusual findings, or safety concerns. Security guards will, at random so as not to establish a pattern, conduct a minimum of eight internal foot patrols and four external foot patrols of the CBOC Clinics. These random patrols will be logged into the Daily Operation log. The final internal foot patrol will be conducted at prior to the close of business to make sure that no unauthorized persons remain in the building. While patrolling, security guards shall respond to all calls for assistance in the clinic as quickly as possible. Security guards will provide escorts for vendors dropping off or picking up needed materials.

Examples are lab, x-ray and sterile processing. Security Guards will also assist VA Police Physical Security Specialist with monthly intrusion alarm sensor testing.

c. Security guards shall be literate in English to the extent of reading and understanding printed regulations, detailed written orders and training instructions, and can communicate with all types of persons as well and can resolve conflicts and solve problems in a civil and professional manner.

d. Security guards shall exercise sound judgment and discretion in stressful situations. Security guards do not have arrest authority; however, they must be able to quickly assess a situation and determine the most effective way to handle each situation which might include intervening to prevent immediate harm, face-to-face discussions with individuals, conducting active public relations, maintaining a visible presence or observing and reporting to the local Police.

e. Security guards shall not attempt to handle any situation that is beyond their authorization or ability to deal with safely. Security guards will call 9-1-1 for police and other public safety or first responders as appropriate.

f. Security guards shall not be armed with a firearm, nightstick, Pepper Spray, Electronic stun devices, or any item other than radios and handcuffs. Radio equipment and handcuffs shall be supplied by the Contractor.

g. Security guards shall have exclusion authority, i.e., restricting an individual’s access to specific sites/areas based on past or current behavioral issues or offensive conduct, for those sites where such authority exists if the exclusion conforms to 38 CFR 17.106.

h. Security guards shall report criminal activities to the Local Police agencies, avoiding personal participation in arrests or criminal investigations, except in emergency situations.

i. Security guards shall maintain a daily log of activities which will be sent to the Anchorage VA Chief of Police at the end of each day. No personal identifying information can be in the daily log. All hand-written logs will be faxed to Anchorage VA Police Dispatch and then shredded at the end of the workday. No VA sensitive information or identifiable patient information shall be retained by the security guards or permitted to leave the VA premises.

j. Security guards shall be in uniform and be radio or Cell phone equipped to communicate with their supervisors and the local Police. Radio / Telephone equipment shall be supplied by the contractor. No identifiable patient information will be communicated via radio.

k. Security guards will comply with all VA rules and regulations regarding privacy and information security. All security guards stationed at clinics will take VA HIPPA/Privacy training. Security Guards will be issued PIV badges to enable them to gain access to the CBOC buildings.

l. Security guards shall conduct themselves in a professional and courteous manner and maintain the highest standards of honor and respect for all persons.

Security guards shall be able to communicate with persons in a positive and professional manner to explain rules and use verbal persuasion to obtain voluntary compliance. Security guards shall never act in an overbearing or domineering manner and will interact with respect as well as exercising fair and equal treatment to others without compromising the safety to themselves or others.

m. Work schedules may be subject to change, based on staff coverage and building closure.

n. Security Guards shall not utilize VA office spaces except for designated spaces when not on a patrol or interacting with all individuals as to ensure that a constant state of situational awareness is maintained.

4. The Contractor shall provide regular and continuous training to security guards on subjects such as: legal updates, public relation and cultural diversity training, and policy and procedural updates/changes. VA Police will also conduct training at CBOC. Any orientation and site-specific training hours are billable. Please note, hours not billable are listed in ONBOARDING & SECURITY REQUIRMENTS.

5. The Contractor shall develop and implement a process for monitoring and assessing security guard’s performance.

6. The Contractor shall provide randomized drug-testing on security guards to ensure security guards are free of drug use.

7. The contractor shall develop a written Security Guard Standard Operating

Procedure (SOP) for each CBOC, which addresses the following areas:

a. Communication – Will describe the process for developing and maintaining communication links, collaborative relationships and contacts with the following:

local Police agency service the clinic, Business Contacts (Business contacts are defined as having direct contact between the security officer and the businesses in order to develop and maintain good relationships in the designated patrol areas, Local Police and Alaska State Troopers office Contacts, Interaction and Reporting, Other Business Security Agency Contacts.

b. Incident Reporting - Response procedures for reporting incidents, acts, or conditions that may affect the safety and security of individuals and/or property in the area. This would also include identifying the progression of incident reporting from low level up to critical.

c. Response to Behavioral Issues – Response procedures dealing with some of the following individual conduct issues:

• Hostility, aggressive behavior

• Outbursts or inappropriate actions/behavior attributable to mental health issues

• Intoxication or under the influence of a controlled substance

• Aggressive Panhandling

• Use of inflammatory or abusive language directed at individuals/businesses or other anti-social behavior that could lead to potential harm or damage

d. Security Guards Schedule and Coverage – Identifies the policy and procedure for ensuring patrol officer coverage during the locations Clinic hours of operation and addresses staffing shortages due to illness, absences, vacations, staff replacement (new hires), trainings, etc.

e. Security Guards Training – Describes the policy and procedure for the orientation and training of new security guards who are either permanently or temporarily replacing another security guard, and any other trainings that will better equip and enable the guard to deal more effectively with the public and perform their duties.

8. The SOP will be sent to the VA Police, and each Clinic Manager within 30 days of the beginning of the contract period or any time a procedural change takes place that may affect the ability of the Security Guard to fulfill their duties as outlined in this PWS.

5) PERFORMANCE MONITORING

1. Performance under the contract will be monitored and evaluated by the designated Contracting Officer’s Representative (COR), VA Police, and the Local Clinic Managers.

Performance objectives may be modified during program operation, upon written agreement of the selected Provider and VA Police.

a. The successful Officer shall comply with the following performance objectives:

1. Security guards will respond to urgent calls within 1-2 minutes.

2. Security guards will be on site at all Clinics or the adjacent area 100% of their scheduled time.

3. Contracts between the selected Provider and the Clinics will be monitored through several means, including:

Monthly Report: Contractor will supply a weekly status report of schedules and coverage for the coming week, # of veteran contacts the previous week, response times, and any issues or concerns.

Site Reviews: VA Police, may schedule on-site visits to review agency compliance with the contract standards and performance criteria.

Contract Services Meetings: VA Police and Clinic Management may schedule regular meetings to discuss issues relating to the performance and delivery of contracted services and to resolve any operational problems that may arise. The meetings may consist of representatives of the contracted agency and a cross-section of VA Police, and clinic staff.

Incentive: Incentive for successful performance is positive CPARS ratings.

Remedy: Government will not pay for services not received. Performance issues will be appropriately documented in CPARS. Government reserves the right to request removal of guards who do not meet standards.

6) ONBOARDING & SECURITY REQUIRMENTS

1. Contractor employees must complete all VHA Contractor onboarding requirements within five (5) business days of award. The COR will assist the contractor throughout this process and must work diligently to complete the onboarding documents. FORMS

MUST BE LEGIBLE.

2. After onboarding documents are completed, COR will schedule fingerprinting.

Fingerprinting must be submitted by contractor employees at any Veterans Affairs Medical Center (VAMC) with a PIV enrollment. In Alaska, the following VAMC location conducts fingerprinting:

Anchorage VAMC 1201 N Muldoon Rd Anchorage, AK 99504

3. Contractor employees must complete Background Investigation and Special Agreement Checks

a. All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information and routine access to VA Facilities. The level of background investigation commensurate with the level of access needed to perform the PWS is Tier 1. All Contractor employees shall be required to complete a Special Agreement Check (SAC), and a National Agency Check with Written Inquiries (NACI) prior to beginning services. Both SAC and NACI must be favorably adjudicated prior to start of work.

4. Pre-performance costs associated with onboarding, including time, travel and any costs for certification(s), are the responsibility of the contractor and may not be billed.

7) GOVERNMENT-FURNISHED EQUIPMENT (GFE)/GOVERNMENT-FURNISHED

INFORMATION (GFI)

1. Access to use a workspace as needed with the following:

a. Chair and Desk near the main entrance.

b. Telephone

2. Officers’ duty book to include:

a. Standard Operating Procedure at for the Clinic.

8) OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS

1. Mat-Su CBOC

a. One (1) security guard shall be stationed at, patrol and survey the area surrounding the Mat-Su CBOC the specific areas to be patrolled are: exterior leased property including the parking lot.

b. The Guard(s) will be on shift 47.5 hours per week, except Holidays. Monday through Friday 7:00am - 4:30pm. One guard must be present, on-campus at all times within the hours posted. The shift can either be split between two (2) or more guards OR a single guard can be present all day with a working lunch on campus. If taking a working lunch on campus, the guard must still respond to calls.

2. Government will not pay for services not received.

3. Holidays or building closures that will be observed by the VA are as follows:

a. New Year’s Day (January 1st);

b. Dr. Rev. Martin Luther King, Jr. Birthday (observed third Monday in January);

c. President’s Day (observed third Monday in February);

d. Memorial Day (observed last Monday in May);

e. Juneteenth (June 19);

f. Independence Day (July 4th);

g. Labor Day (observed first Monday in September);

h. Veteran’s Day (November 11th);

i. Thanksgiving Day (observed fourth Thursday in November);

j. Christmas Day (December 25th).

8) RISK CONTROL

1. Safety Protocol:

a. When a veteran exhibits aggressive behavior (verbal threats or gestures, agitated behavior, or kicking or throwing things) staff will alert the security guard on duty.

Staff will open their office door and/or leave as appropriate or possible. If staff feels in imminent danger and cannot leave their offices shout out for help from security or colleagues in neighboring offices or press their Lynx keys. All computers will have Lynx capability. Computers in rooms where veterans are being seeing have 2 control keys (F9 and F11) that when pushed simultaneously activate a pop-up on all computers alerting staff that there is an incident in a room. If neither the staff nor the security guard can de-escalate the veteran; 911 will be called.

b. The AVAHS infection control plan will be followed at all Clinics.

10) PLACE AND PERIOD OF PERFORMANCE.

The contractor will perform all work at the following location:

• Mat-Su CBOC at: 865 N Seward Meridian Parkway, Suite 105 Wasilla, AK 99654-7241

11) POST-AWARD MEETING

1. Post-Award Meeting: A post award meeting will be held and led by the contractor within three (3) business days after award. The meeting must be mutually scheduled with COR and CO. The meeting will be held virtually via MS Teams.

2. Monthly Meeting: A monthly meeting, or as needed, will be held and led by the contractor at a mutually scheduled time with COR and CO. The meetings will be held virtually via MS Teams.

12) SUPERVISION PLAN

1. Contractor must maintain supervision of Security Guards despite the remote distance of the CBOC. Contractor must have clear controls in place to oversee Security Guards, such as daily/weekly communication with employees and timecard attendance.

2. It is the responsibility of the Contractor to immediately correct performance issues with on-duty Security Guards. If performance issues are repeated or severe in nature, the Contractor shall provide a replacement Security Guard, at no additional expense of the Government. The request for a replacement Security Guard will be made by the Contracting Officer.

3. Within 30 days after award, Contractor must submit to the COR and CO a

Supervision Plan that outlines the following:

a. Hiring, recruitment and retention practices

b. Company training plan

c. Management of Security Guard employees

d. Evaluation/appraisal plan

e. Disciplinary action plan

f. Performance awards, incentives, etc.

g. Supervisor Point of Contact (name, address, email and phone)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,400.00 HR __________________ __________________

MatSu CBOC Uniformed/ Unarmed Security Guard Services, 865 N Seward Meridian Parkway, Wasilla, AK 99654. See PWS.

Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services PRODUCT/SERVICE CODE: R430 - Support - Professional:

Physical Security and Badging

1001 2,400.00 HR __________________ __________________

MatSu CBOC Uniformed/ Unarmed Security Guard Services, 865 N Seward Meridian Parkway, Wasilla, AK 99654. See PWS.

Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services

2001 2,400.00 HR __________________ __________________

Seward Meridian Parkway, Wasilla, AK 99654. See PWS.

Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services

3001 2,400.00 HR __________________ __________________

Seward Meridian Parkway, Wasilla, AK 99654. See PWS.

Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services

4001 2,400.00 HR __________________ __________________

MatSu CBOC Uniformed/ Unarmed Security Guard Services, 865 N Seward Meridian Parkway, Wasilla, AK 99654. See PWS.

Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services

GRAND TOTAL

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

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

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 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 bidder 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)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[X] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[X] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

SERVICE-DISABLED VETERAN-OWENED SMALL BUSIENSSES (NOV 2022)

(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 VAAR 802.101, 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 verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(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)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General. (1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

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

https://www.va.gov/oal/library/vaar/vaar802.asp#802201 https://www.vetbiz.va.gov/vip/ https://www.va.gov/oal/library/vaar/vaar819.asp#81970

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

https://www.va.gov/oal/library/vaar/vaar819.asp#81970 https://www.va.gov/oal/library/vaar/vaar819.asp#81970 https://www.va.gov/oal/library/vaar/vaar852.asp#85221975 https://www.va.gov/oal/library/vaar/vaar852.asp#85221976

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

__X__ By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

____ By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting https://www.va.gov/oal/library/vaar/vaar802.asp#802101 https://www.va.gov/oal/library/vaar/vaar819.asp#81970 with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

(End of clause)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in

FAR 19.102.]

(i) x Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded.

Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13

CFR 125.6.

(ii) □ General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded.

Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

https://www.va.gov/oal/library/vaar/vaar809.asp#8094062 https://www.acquisition.gov/far/2.101 https://www.acquisition.gov/far/19.102 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to

38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C.

645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

(RETURN CERTIFICATE WITH QUOTE)

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________

Signature: ___________________________________________________

Date: _____________________

Company Name and Address: ______________________________________

(End of clause)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

END OF ADDENDUM

C.11 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…