S02 Solicitation 36C26321Q0700 Snow and Ice Removal BPA CI.pdf

1. REQUISITION NO.

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

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N/A; this is BPA, funds obligated via task order

36C26321Q0700

6. SOLICITATION ISSUE DATE

07-08-2021

Doug Reed (605) 336-3230 x 7844 08-11-2021

11:59PM CDT

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

561730

$8 Million

N/A

X

Department of Veterans Affairs

VA Central Iowa Health Care System

3600 30th Street

Des Moines IA 50310-5753

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105 https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

Financial Services Center

Via The Tungsten Network

Also refer to VAAR Clause 852.232-72

See CONTINUATION Page

Snow and Ice Removal Blanket Purchase Agreement (BPA) to support the VA Central Iowa Health Care System.

Period of Performance: 11-01-2021 to 10-31-2022.

This solicitation follows Federal Acquisition Regulation

(FAR) Part 13 (Simplified Acquisition Procedures).

This solicitation is a Total Service-Disabled Veteran Owned

Small Business (SDVOSB) Set-Aside.

Offerors shall be registered and active at following at time of offer to the Government:

a) System for Award Management: https://www.sam.gov

b) Vendor Information Pages: https://www.vetbiz.va.gov

Please refer to following in solicitation for details:

Section B.2 (Price/Cost Schedule) for line items

Section B.3 (Statement of Work) for service requirements.

Section B.4 (Other BPA Terms and Conditions) for maximum BPA order limits

Section C for contract clauses

Service Contract Labor Standards apply; please see Section D

Section E, Addendum to FAR 52.212-1, for offer submittal instructions and FAR 52.212-2, for evaluation factors.

See CONTINUATION Page

Not Applicable; will be included on task orders against BPA, as task orders obligate funds.

X X

X 1

Doug Reed

VA-VHA-2020-56D92567

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK (SOW)

B.4 OTHER BPA TERMS AND CONDITIONS…………………………………………………………………………………17

SECTION C - CONTRACT CLAUSES

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

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) (JUN 2020) (DEVIATION)

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

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018)

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

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

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 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION

(JUN 2020)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) [TAILORED]

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB

2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C263 Doug Reed, douglas.reed3@va.gov

Sioux Falls Services Team

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

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.

https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs

Financial Services Center

Via The Tungsten Network

Also refer to VAAR Clause 852.232-72

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

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED

AMOUNT

60.00 JB __________________ __________________

Snow and Ice Removal Per Job (Based on 8 Hours Maximum Per Job)

Year 1: 11-01-2021 to 10-31-2022

60.00 EA __________________ __________________

Hauling of Snow (Per 20 Cubic Yard Dump Truck Load)

Year 1: 11-01-2021 to 10-31-2022

Year 2: 11-01-2022 to 10-31-2023

Year 2: 11-01-2022 to 10-31-2023

Year 3: 11-01-2023 to 10-31-2024

Year 3: 11-01-2023 to 10-31-2024

Year 4: 11-01-2024 to 10-31-2025

Year 4: 11-01-2024 to 10-31-2025

Year 5: 11-01-2025 to 10-31-2026

Year 5: 11-01-2025 to 10-31-2026

ESTIMATED GRAND

TOTAL

(CLINS 1001 to 5002)

B.3 STATEMENT OF WORK (SOW)

Title

Snow and Ice Removal Services to support the VA Central Iowa Health Care System

General Overview

The Contractor shall provide all personnel, equipment, tools, supervision and other items and services necessary to remove snow and ice by plowing, blowing, brushing, sweeping, shoveling, or other suitable means not harmful to the traffic surface as necessary to produce and maintain safe passage of pedestrians and vehicles. They will also ensure the snow plowing and snow removal is performed in a manner that will maintain a professional appearance at the Central Iowa VA Campus.

The Contractor shall mobilize and report within one (1) hour from the time of notification by the VA

Technical Representative (VATR) or VATR designee to treat traffic surfaces and action shall be continuous until treatment is no longer necessary. Notification can occur at any time, 24 hours a day, seven (7) days a week, including Holidays. A call to the contractor may request to pre-treat specified areas when there is a forecast of snow.

Federal holidays are:

• New Years Day

• Martin Luther King Jr Birthday

• President’s Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

Upon award, the Contractor will be responsible to coordinate with the Grounds/Transportation

Supervisor (VATR for the contract) to complete a general walk around to identify priorities and areas that may need special attention (parking ramp, fire hydrants, tall curbs, and drop off areas). The

Contractor and VATR will identify areas on the VA campus that snow/ice can be pushed to not interfere with daily VA operations.

Definitions

“Job” – is defined as working snow event up to eight (8) hours per snow event; work over eight (8) hours would result in new job for Contractor invoicing purposes.

“Snowfall” - defined as total accumulation of snow that the contractor plows each time the contractor is called out to the site to perform plowing/sanding/salting/deicing as measured by the Contractor and may be required to be confirmed by the VATR or VATR designee through direct observation or verification through sources such as local weather casts or the National Weather Service snowfall totals for area where VA Central Iowa Health Care System is located at.

Campus Map

A map of the VA Central Iowa Health Care System is attached as Attachment 1 (Campus Map).

Square footage of campus is 664,965 sf.

Place of Performance

VA Central Iowa Health Care System

3600 30th Street

Des Moines, IA 50310

Period of Performance

This will be a single Blanket Purchase Agreement (BPA) with five-year ordering period of 11-01-2021 to

10-31-2026. Services will be contracted through the issuance of BPA task orders during the ordering period.

Year Begins Ends

1 11-01-2021 10-31-2022

2 11-01-2022 10-31-2023

3 11-01-2023 10-31-2024

4 11-01-2024 10-31-2025

5 11-01-2025 10-31-2026

Issuance of BPA task orders is at Government’s discretion based on continued need for services, Contractor performance, and availability of funds in a given fiscal year for BPA task orders.

Estimated Quantities

Quantities are estimated based on historical data. The estimates are not a guarantee to the Contractor.

Actual quantities on BPA task orders issued against BPA could be equal, lesser, or greater than the estimated amounts listed.

The following estimates are estimated amount based on NWI historical data. The estimates are not a guarantee to the Contractor. Actual estimates on BPA task orders issued against BPA could be equal, lesser, or greater than estimated amounts listed. Estimated quantity increase of 5% each option year is reflected below:

Scope of Work

1. The Contractor shall remove snow and ice by plowing, blowing, brushing, sweeping, shoveling, or other suitable means not harmful to the traffic surface as necessary to produce and maintain safe passage of pedestrians and vehicles.

2. The Contractor shall apply brine to pre-treat the existing or developing unsafe conditions to produce safe passage for pedestrians and vehicles. The materials used by the Contractor shall not be damaging to the surface receiving the materials.

3. All equipment used, all materials used and stored, and all removal methods used to displace snow and ice from surfaces shall be done in such a manner as to not cause damage to grass

(turf), landscaping, trees, shrubs, vehicles, structures, fixtures, and people. Pertinent Federal, State, and Local government codes and regulations shall be adhered to by the Contractor.

4. The Contractor shall not store equipment or materials on the VA Central Iowa Health Care

System campus.

5. The snow shall be removed when accumulation exceeds two (2) inches snowfall or within one

(1) hour after snowfall stops. This may require multiple snow and ice removals each day. When snowfall is heavy or accumulations become excessive, the contractor must move excess snow to onsite accumulation points identified by VATR/VATR designee or move the snow offsite as requested by the VATR or VATR designee.

6. The Contractor should not use a skid steer type unit on the sidewalks to clear snow unless there is a brush or snow blower attachment. Damage to the sidewalk is caused from the blade of skid steer.

7. The contractor shall immediately remove ice to provide safe traversing and safe driving conditions. The ice shall be removed using the snow removal operations, or by using ice melt.

The contractor shall provide all ice melt/sand material and shall remove and dispose of excess sand accumulation.

8. Any damage to VA property at the VA Central Iowa Health Care System campus caused by the

Contractor shall be repaired to its previous condition, or better, by the Contractor at no additional cost to the Government.

9. Snow and ice shall be placed in piles at designated locations specified by the VATR. The

Contractor may be asked to haul snow away from VA property.

10. All work shall be performed in the order prescribed by the (VA-CIHCS) using a checklist and plot plan.

11. The order of work may vary from one snowfall to the next.

12. In the event of special circumstances, i.e. the snow turning to rain or freezing rain making removal efforts ineffective, permission may be sought from the VATR or VATR designee to discontinue the plowing or the de-icing or both.

13. Each snow/ice abatement call requires the inspection and acceptance of the VATR or VATR designee upon completion before payment for that work can be authorized.

14. All fire hydrants/fire lanes shall be kept clear of ice/snow and obstructions.

15. All tables, benches, trash receptacles, smoke shelters, and bus stops shall be kept clear of ice/snow and obstructions.

16. Excessive buildup of salt and debris which may cause unsafe passage of pedestrians and vehicles shall be removed within one (1) hour from the time the Contractor is notified by the VATR or

VATR designee.

17. Roadway entrances/exits, bus stop passageways, sidewalks, and walkways obstructed by State and City snow plowing operations shall be kept clear by the Contractor.

18. Equipment used shall be comparable to that used by the VA Central Iowa Health Care System in the past:

• UTV/Tractor - rotary broom/front blade no larger than 8ft.

• Garden-type tractor with blade

• Uniloader/Skid Loader - bucket

• Truck with sander and blade - truck GVWR under 2.5 tons, sander 2-3 cubic yard., blade 8 ft.

Contractor shall provide a list of proposed equipment to be used as part of the winter walk-through.

19. Labor and equipment used shall be sufficient to provide an initial clean sweep of the VA Central

Iowa Health Care System campus in three (3) hours

20. The Contractor shall sign-in through the Boiler Plant upon arrival to do snow removal to have any gates opened that is required for snow removal. The VATR, upon award, can provide the

Contractor with contact information for the Boiler Plant.

21. The Contractor will sign-out through the Boiler Plant when ready to leave the campus upon completion of snow removal to have all gates opened for snow removal secured.

22. Contractor shall complete timesheet that documents the following:

• Time logged in

• Time logged out

• Total hours spent

• Total jobs performed (i.e., if under 8 hours, would be one job; if 12 hours, it would be two jobs)

• Total truck loads (per 20 Cubic Yard Dump Truck Load) used

• Equipment used

This timesheet will be left with the VATR. After reviewing the timesheet, any additions or corrections will be forwarded to the Contractor.

Upon verification and acceptance of timesheet, Contractor shall submit invoice in a timely matter.

Winter Walk Through

A walk through shall be done with the Contractor and the VATR or VATR designees of the property prior to winter snow season to review and document existing conditions of campus.

Contractors are required and expected to inspect the campus where services are to be performed and to satisfy themselves regarding all general and local conditions to the extent that the information is reasonably obtainable. Failure to inspect the campus will in no way constitute grounds for a claim after contract award.

Any damage to VA campus caused by the Contractor shall be repaired to its previous condition, or better, by the Contractor at no additional cost to the Government.

Contractor Quality Control

The Contractor shall develop, submit for VA approval, and maintain a quality control program to ensure snow and ice removal services are performed in accordance with this statement of work.

The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

On-Site Contractor Supervision

The Contractor is to provide on-site supervision of contractor personnel at all times when contract work is being performed. Supervision may be provided by a working foreman or work leader. Contractor employees shall conduct themselves in a professional and courteous matter at all times while on VA property.

Security Requirements

All Contractor and subcontractor personnel shall wear, in plain sight, badges, tags, or other label with company and employees’ name identifying them as contractors.

Special Qualifications

The Contractor shall supply licenses, training, and operating standards for all equipment and products to be used by the Contractor’s personnel and/or subcontractors.

The Contractor shall adhere to all U.S. Occupational Safety & Health Administration (OSHA) guidelines and rules with regard to materials handling and work practices.

The Contractor shall supply copies of driver’s license or state issued identification cards to the VATR prior to commencing work.

Communications with VATR

The contractor’s supervisor is responsible for checking in with the VATR or VATR designee daily during snow and ice removal events. The supervisor must have cell phone communication capabilities in order to respond to corrections in a timely manner and notify VATR and VATR designees of any emergencies.

Daily logs of services shall be provided to the VATR weekly via e-mail during snow and ice removal events.

General Requirements

It shall be understood that, throughout performance of the contract, the Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its properties. Among all other requirements, the VA Health Care System and its properties are now entirely smoke-free. Weapons are also prohibited on VA property.

Service Contract Labor Standards

Work performed by the Contractor is applicable to FAR Subpart 22.10 (Service Contract Labor

Standards) and such shall follow U.S Department of Labor (USDOL) Wage Determination (see

Attachment 2: USDOL Wage Determination); updated USDOL wage determination will also be provided as part of BPA via bilateral modification by Contracting Officer, as applicable.

Limitations on Subcontracting

By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for Services, it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

An independent contractor shall be considered a subcontractor. “Similarly Situated” means that entity subcontracted to is same type of entity as the Prime Contractor (i.e., SDVOSB subcontracts to SDVOSB, small business subcontracts to small business).

National Archives and Records Administration (NARA) Records Management

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part

1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

a. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

b. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

c. The Government Agency owns the rights to all data/records produced as part of this contract.

d. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

e. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

f. No disposition of documents will be allowed without the prior written consent of the Contracting

Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by

18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

g. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract.

The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Invoicing Submissions

In addition to regulations set forth in FAR 52.212-4 (Contract Terms and Conditions – Commercial Items)

(g) “Invoice” and VAAR 852.232-72 (Electronic Submission of Payment Requests), Contractor shall submit final invoice on any services performed no later than 30 days after end of the period of performance of BPA. This ensures that closeout of BPA is in compliance with FAR 4.804-1(b).

VETS-4212 Reporting Requirement

As this solicitation/contract has the following clauses checked off in Section C, FAR 52.212-5 (Contract

Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items), the completion of VETS-4212 reporting on an annual basis is required:

• FAR 52.222-35, Equal Opportunity for Veterans

• FAR 52.222-37, Employment Reports on Veterans

Please refer to https://www.dol.gov/agencies/vets/programs/vets4212 for guidance on completing the required VETS-4212 report.

Furthermore, Contractors with federal contracts valued over $150,000 in the past calendar year are required to submit VETS-4212 reports by between August 1 and September 30 of each calendar year.

Please note that verification of VETS-4212 reports will be done as part of determination of contractor responsibility for awarded contractor.

Service Contract Reporting

Service Contract reporting, to be completed by the contractor, is required for service contracts and orders as following is checked off under Section C, FAR 52.212-5 (Contract Terms and Conditions

Required to Implement Statutes or Executive Orders--Commercial Items):

• FAR 52.204-14, Service Contract Reporting Requirement

The Contractor is to report their, and their first-tier sub-contractors’, direct labor hours expended and total amount invoiced for the services performed under a specific contract.

The Contractor shall report the information via the System for Award Management (SAM) at https://beta.sam.gov. The information is collected through SAM and included in the agency service contract inventory.

https://www.dol.gov/agencies/vets/programs/vets4212 https://beta.sam.gov/

Contractors shall log in annually to their SAM profile to complete the service contract inventory reporting requirements. Contractors performing on covered contracts must report their information between October 1 and October 31 each year. Agencies are required to review contractor input and work with them to make revisions, if and as necessary, by November 30 each year.

Further guidance can be provided by Contracting Officer upon Contractor request.

Documenting Performance

The Government shall document positive and/or negative performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov.

https://www.cpars.gov/

SECTION B.4 OTHER BPA TERMS AND CONDITIONS

Authorized Limits

Minimum and maximum orders allowable are set forth in FAR Clause 52.216 (Order Limitations) of BPA and are also listed here:

Minimum Order: $2,500 per BPA task order Maximum Order: $190,000 per BPA task order

Obligation of Funds

The BPA does not obligate any funds. The Government is obligated only to the extent of authorized BPA task order actually issued and awarded under the BPA by the Contracting Officer. Task orders against BPA become a binding contract upon acceptance by the Contractor and award of task order by the CO.

Placement of task orders against the BPA is not guaranteed and is at the Government’s discretion.

Precedence

The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence. The Contractor's unconditional acceptance of this BPA, including all terms and conditions herein shall be considered binding upon the delivery of the first BPA task order placed hereunder by a Contracting Officer. Failure of the Contractor to comply with any of the terms and conditions of the BPA and/or any BPA task orders placed hereunder may be cause for the cancellation of this BPA.

Cancellation of BPA

The Government may cancel the BPA at any time by notifying the Contractor at least 30 days in advance.

BPA cancellation does not release the Contractor from their duty to continue task order performance of a task order that is awarded prior to the cancellation of the BPA.

Ordering Authority

Only warranted Contracting Officers from Network 23 Contracting Office, Department of Veterans Affairs can issue task orders against this single award BPA.

Decline of Task Order Request

The Contractor shall notify by e-mail the Contracting Officer within one (1) business day of receiving task order for review/signature if Contractor is not able to provide services for period of performance specified in task order and thus, task order request is declined.

SECTION C - CONTRACT CLAUSES

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

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

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

C.1 52.252-2 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

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 11-01-2021 through 10-31-2026.

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

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $190,000;

(2) Any order for a combination of items in excess of $190,000; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) (JUN 2020)

(DEVIATION)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System

(NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in

19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in

19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that, in performance of a contract assigned a North American Industry Classification System

(NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the

Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a non-manufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3), and (6) of this clause—

[Contracting Officer check as appropriate.]

_ By the end of the base term of the contract 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.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of Clause)

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

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

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

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

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

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

Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(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 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

(End of Clause)

C.8 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.

[X] 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.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 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.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned

Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the

FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the

Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

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 to 52.212-4)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2020) (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 items:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I

(OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

(Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (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.