S02 - Solicitation Attachments - 36C25721Q0139.pdf
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- Attached to
- S206--COVID-Door Screening Services Q&A Federal contract opportunity
- Solicitation number
- 36C25721Q0139
About this file
This is a request for quote (RFQ) from the Department of Veterans Affairs (VA) for COVID-security screening guard services at VA medical facilities in Central Texas. The VA seeks to award a firm-fixed price contract for security screening guard services and one supervisor at multiple VA clinics from January 2021 through January 2023, with an option to extend for one additional year. The RFQ is set aside for service-disabled veteran-owned small businesses. Interested vendors must be verified on the Vendor Information Pages database. The solicitation includes a statement of work, wage determinations, and instructions for technical questions and price quotes due by November 30, 2020. Services include screening visitors for COVID-19 symptoms at entrance points and assisting with traffic flow and directions. The contractor must provide all required staff, equipment, uniforms, and transportation to perform these services.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| S05 - Q_As - RFQ 36C25721Q0139-0001.pdf | ||
| 36C25721Q0139 0003_1.docx | DOCX document | |
| S02 - Conformed Solicitation - 36C25721Q0139-0001.pdf | ||
| 36C25721Q0139 0002_1.docx | DOCX document | |
| 36C25721Q0139 0001_1.docx | DOCX document | |
| S02 - RFQ - Amendment - 36C25721Q0139 0001.pdf | ||
| S05 - Q_As - RFQ 36C25721Q0139.pdf | ||
| 36C25721Q0139_2.docx | DOCX document | |
| P07_Wage Determinations_Attachments_1 to 7.pdf | ||
| 36C25721Q0139_1.docx | DOCX document |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. 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 47
674-21-1-6901-0019
36C25721Q0139 11-25-2020
Jose Campa 210-694-6311 12-07-2020
11:00 AM CST
36C257
Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229
X 100
X
561612
$22 Million
N/A
X
36C674
Department of Veterans Affairs Central Texas Veterans Health Care System Fiscal Service (04) 1901 Veterans Memorial Drive Temple TX 78550
36C257
Department of Veterans Affairs VISN17 Network Contracting Activity 7400 Merton Minter Blvd. (10N17/90C) San Antonio TX 78229
This is accomplished through the Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.
(877) 353-9791 (512) 460-5540
See CONTINUATION Page
COVID-Security Screening Guard Services for the Central Texas Veterans Health Care System (CTVHCS).
Please see the Price/Cost Schedule
** ATTN: All Offerors ** Please see page 26 for Submittal instructions and Page 46 for Basis for Award.
See CONTINUATION Page
X X
X 1
36C25721Q0139
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 PRICE/COST SCHEDULE
ITEM INFORMATION
STATEMENT OF WORK
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2020)
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) ... 21
C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY
2014)
C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998) E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
ITEMS
E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL ITEMS (OCT 2020)
E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
12.00 MO __________________ __________________
Texas Veterans Health Care System (CTXVHCS) Clinics in accordance with Statement of Work. Contractor is reminded that they will be paid for services completed only.
Any stated estimate reflected in the award document shall be for funding purposes only and shall not be construed as the overall value or the paid amount of this requirement.
Price per Hour: _____________________________ Contract Period: Base POP Begin: 01-08-2021 POP End: 01-07-2022
COVID-Security Screening Guard Services (Door
Screener Supervisor) for the Central Texas Veterans Health Care System (CTXVHCS) Clinics in accordance with Statement of Work. Contractor is reminded that they will be paid for services completed only. Any stated estimate reflected in the award document shall be for funding purposes only and shall not be construed as the overall value or the paid amount of this requirement.
Price per Hour: _____________________________ Contract Period: Base POP Begin: 01-08-2021 POP End: 01-07-2022
Texas Veterans Health Care System (CTXVHCS) Clinics in accordance with Statement of Work. Contractor is reminded that they will be paid for services completed only.
Any stated estimate reflected in the award document shall be for funding purposes only and shall not be construed as the overall value or the paid amount of this requirement.
Price per Hour: _____________________________ Contract Period: Option 1 POP Begin: 01-08-2022 POP End: 01-07-2023
COVID-Security Screening Guard Services (Door
Screener Supervisor) for the Central Texas Veterans Health Care System (CTXVHCS) Clinics in accordance with Statement of Work. Contractor is reminded that they will be paid for services completed only. Any stated estimate reflected in the award document shall be for funding purposes only and shall not be construed as the overall value or the paid amount of this requirement.
Price per Hour: _____________________________ Contract Period: Option 1 POP Begin: 01-08-2022 POP End: 01-07-2023
GRAND TOTAL __________________
STATEMENT OF WORK
1. Scope of Work: The purpose of this requirement is to provide professional and courteous, uniformed and unarmed security guard door screening services (Door Screeners) for the Department of Veterans Affairs (VA) Central Texas VA Health Care System, located at 1901 Veterans Memorial Dr. Temple, TX 76504. The service provided shall be performed in such a manner as to ensure individuals entering checkpoints are screened using an agency approved Screening Process. The Door Screeners will be those asking agency approved questions. These Door Screeners must always wear face mask and safety vest when performing this function. No visitors under 18 will be allowed onto the medical center campus. The Contractor shall furnish all transportation, management, supervision, personnel, equipment and supplies (including traffic cones, traffic barricades, vests and face masks) necessary to provide the services required herein.
2. Coverage: The Contractor shall provide unarmed door Screener services in accordance with the Statement of Work (SOW). In addition to the basic hours of coverage, the Contractor shall provide on-call security coverage as needed (including after hours, weekends and Federal Holidays) to respond to ensure screening coverage.
The following areas will be assigned with one Supervisory door screener. Physical presence not required at each location. May be virtual, but Supervisor will be responsible for any concerns at all of the locations as identified below. Total of one Supervisor is required.
Normal Hours of Coverage:
a) Brownwood CBOC – 2600 Memorial Park Drive, Brownwood, Texas 76801
• One (1) security guard shall be stationed at the main entrance from 0730-1600 hours (M-F).
There shall be maximum coverage to avoid a ten (10) minute wait time.
b) Austin VA Outpatient Clinic – 7901 Metropolis Drive, Austin, Texas 78784
• Three (3) security guards shall be stationed at the Main Entry from 0600- 0800 hours (M-F).
• Three (3) security guards shall be stationed at the Back Entry from 0600- 0800 hours (M-F).
• Two (2) security guards shall be stationed at the side Entry from 0600- 0800 hours (M-F).
• Four (4) security guards shall be stationed at the Main Entry from 0800-1700 hours (M-F).
• Four (4) security guards shall be stationed at the Back Entry from 0800-1700 hours (M-F).
• Two (2) security guards shall be stationed at the Main Entry from 1700-1900
• One (1) security guard shall be stationed at the Back Entry from 1700-1900
There shall be maximum coverage to avoid a ten (10) minute wait time.
c) Temple VA Clinic Annex – 4501 South General Bruce Drive, Temple, Texas 76502
• One (1) security guard shall be stationed at the main entrance from 0730-1600 hours (M-F).
There shall be maximum coverage to avoid a ten (10) minute wait time.
d) Bryan/College Station CBOC – 1651 Rock Prairie Rd. Ste. 100 College Station, Texas 77845
• One (1) security guard shall be stationed at the main entrance from 0730- 1600 hours (M- F).
There shall be maximum coverage to avoid a ten (10) minute wait time.
e) Cedar Park 1 CBOC - Cedar Park Regional Medical Center, Medical Office Building C Cedar Park, Texas 78613
• Three (3) security guards shall be stationed at the main entrance from 0700- 1630 hours (M-F).
There shall be maximum coverage to avoid a ten (10) minute wait time.
f) Cedar Park 2 CBOC – 600 N. Bell Blvd. Cedar Park, Texas 78613
• One (1) security guard shall be stationed at the main entrance from 0700- 1600 hours (M- F).
g) Palestine CBOC – 2000 So. Loop 256, Suite 124 Palestine, Texas 75801
• One (1) security guard shall be stationed at the main entrance from 0730-1600 hours (M- F).
h) LaGrange CBOC – 2 St. Marks Place La Grange, TX 78945
• One (1) security guard shall be stationed at the main entrance from 0730-1600 hours (M- F).
i) Olin E. Teague Veterans’ Medical Center – 1901 Veterans Memorial Drive, Temple, Texas 76504
• Two (2) security guards shall be stationed at Teague Tower Bldg. #163 entrance from 0500-1600 hours (M-F).
• Two (2) security guards shall be stationed at Valet Bldg. #204 entrance from 0500-1600 hours (M-F).
• Two (2) security guards shall be stationed by Library Bldg. #204 entrance from 0500-1600 hours (M-F).
• Two (2) security guards shall be stationed at Back Dock by NFS Bldg. #163 entrance from 0500-1600 hours (M-F).
• Two (2) security guards shall be stationed at the ED entrance 24 hours
(Monday-Sunday) i.e. 24/7 to include holidays.
j) Doris Miller Department of Veterans Affairs Medical Center - 4800 Veterans Drive, Waco, Texas 76711
• One (1) security guard shall be stationed at the entrance to Bldg. #4 from 0700-
1700 hours (M-F).
• One (1) security guard shall be stationed at the entrance to Bldg. #11 from 0700-1830 hours (M-F).
• One (1) security guard shall be stationed at the entrance to Bldg. #91 from 0700-1830 hours (M-F).
• One (1) security guard shall be stationed at the entrance to Bldg. #94 from 0700-1830 hours (M-F).
• One (1) security guard shall be stationed at the entrance to Bldg. #7 from 0700- 1830 hours (M-F).
3. If additional services are required outside of the hours of coverage specified herein, the Contractor must receive prior written approval from the Contracting Officer (CO) via contract modification. Any additional services performed by the Contractor without this authorization will be performed at no additional cost to the Government. Per hour prices for such additional services shall be at the same rate as prices charged in the contract during each respective period of performance. If an emergency should arise, a verbal approval can be obtained from the CO, however, the Contractor must submit a written proposal for such additional work to the CO within twenty-four (24) hours of the commencement of these additional services. If accepted, a modification will be issued to the Contractor and the contract price shall be adjusted accordingly.
The following holidays are observed by the Federal Government. The Contractor shall continue to provide the 24/7 hour service on all holidays.
New Year’s Day January 1st
Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th
Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.
Reserve Personnel (Back-up Staff): The Contractor shall submit to the COR, the names and all necessary documentation of at least (four) fully trained and qualified personnel who will be used in a reserve capacity (e.g. to replace guards on scheduled or non-scheduled sick leave or vacation, to respond to emergency service, or similar situations).
4. Personnel:
License: Contractor shall furnish to the Contracting Officer proof that he/she is licensed and bonded as required by the State of Texas for doing business as a contract security company.
These door screener duties will include personal encounters with patients, visitors, and employees of the Government. Encounters are often with mentally ill, irrational or disturbed persons, who, even if behaving in an assaultive or destructive manner, must be handled with understanding, full control of force, and unimpeded judgment. Personnel with emotional and/or mental condition(s) which could result in a hazard to self or others, shall not be allowed to perform services under this contract
The Contractor shall assign a Point of Contact (POC) for the purpose of ensuring compliance with all provisions of this contract. The Contractor POC shall be available to report on site, if requested, and have the ability to address performance issues.
5. Qualification Requirements of Contractor Personnel:
Supervisor: The Contractor shall provide a supervisor to conduct weekly inspections and problem corrections. In addition, the Supervisor shall be available for direct communication with Door Screener(s) on duty during their entire shift.
a. Supervisors shall have a background with a minimum of two (2) years of successful experience in field supervision, i.e. civil community law enforcement, military service, law enforcement, or security, commercial or industrial guard service or security.
b. The Contractor shall provide the names and telephone numbers of the on-site or in-field supervisor, in writing, to the COR prior to performance under this contract. The term "on-site supervisor" means a person designated, in writing, by the Contractor, who has authority to act, for the Contractor, on a day-to-day basis.
c. Supervisors will monitor the hours of duty of personnel to ensure compliance with the requirements of this contract. Field Supervisors must periodically visit the VA Facility, otherwise may be virtual, but Supervisor will be responsible for any concerns at all of the locations as identified in SOW.
d. The payments for leave, including sick leave or vacation time, are the responsibility of the Contractor.
e. The Contractor shall provide the level of supervision to ensure that employees are properly performing all duties as specified in accordance with the contract.
f. When the supervisor is part of the guard staff, they shall perform all of the functions required at the post they are staffing and shall not depart the post unless relieved.
g. The on-site or in-field supervisor shall assure that Medical Screener(s):
• Are in uniform and present a neat appearance;
• Maintain a continued state of proper training;
• Possess the necessary permits, authority, etc.;
• Maintain continued liaison with the COR
• Wear appropriate weather and safety equipment while performing their duties
• Documentation is accurate
Door Screeners Minimum Qualification Standards / Education / Experience:
• Must possess a high school diploma or equivalency. Must demonstrate the ability to read, understand and apply printed rules, detailed orders, instruction, and training materials.
• Must be literate in English to the extent of reading and understanding printed regulation, detailed written orders, training instruction and materials.
• Must have the ability to maintain poise and self-control under stress.
• Must have the ability to meet and deal with the general public in a professional manner.
• Age: All contracted employees performing work under this contract shall have a minimum of eighteen (18) years of age as required by local laws.
Health and Physical Fitness Requirements:
• Be capable of standing for long periods of time.
• Possess binocular vision correctable to 20/30 (Snellen).
• Be free of color blindness.
• Be capable of hearing ordinary conversation at 15ft with or without the use of a hearing aid.
• Be physically able to perform all general duties, functions, and activities as described in this SOW.
• Be free of any communicable diseases.
• Have documented tuberculosis testing (TB) every two years. Must have tested as TB-free prior to starting work on this contract.
• Be in good general health without physical defects or abnormalities, which would interfere with the performance of these duties.
Personal Traits: The Contractor shall ensure that contract staff assigned to duties at Central Texas VA Health Care System will be expected to:
a) Exercise good judgement
b) Interact with people in a positive manner
c) Maintain a high level of performance
d) Maintain poise and self-control under stress
e) Meet and interact with the general public
Medications (Prescribed, Non-Prescribed, Intoxicants): The Contractor shall ensure that while on duty no contract employee will possess, sell, consume, or be under the influence of medications, intoxicants, drugs, or substances which impair the ability to perform their assigned duties. The Government reserves the right to direct the Contractor to remove an employee from the work site for failure to comply.
6. Contractor-Furnished Property and Supplies: The Contractor shall furnish and maintain in acceptable condition, all uniform items, equipment and supplies necessary to perform the services required of this contract. A partial listing of these items is provided below. This listing is not all-inclusive.
a) Communication Equipment: The Contractor shall provide a contact number for their on-call Screening personnel that will respond when a door screener is not able to perform their official duties due to an emergency, i.e. sick, family emergency, etc.
The Contractor shall provide a separate two-way communication system (radio or cell phone) to communicate with the other Door Screeners on duty (when applicable) and their supervisor/the Contractor.
b) Uniforms: Contractor personnel shall always wear professional uniforms while in the performance of his/her duties. The color of the Contractor’s guard force uniforms shall be a color in general use by large guard or police organizations. All Contractor employees performing services under this contract shall wear the same color and style of uniform. Appropriately lettered breast and cap badges, indicating the jurisdiction from which authority is obtained, shall be worn as part of the uniform (providing such authority is grantable under state and local laws). Shoulder patches lettered to indicate the identity of the Contractor shall be worn on the left shoulder of the uniform jacket and shirt. Identification nametags shall be worn over the right breast shirt pocket. No other identification of the Contractor or employee shall be worn or displayed on the uniform, with the exception of the VA Identification (ID) badge.
c) Central Texas VA Health Care System will provide a SOP to the Contractor detailing out specific tasks.
7. Door Screener Duties: Assignments may include but are not limited to the following:
a. Observation: Observe suspicious personnel or personnel behaving inappropriately, showing hostility, and/or possibly carrying weapons. Monitor potentially unauthorized personnel (e.g., 18 years or younger).
b. Assistance: When conducting screening duties and a medical emergency is observed, a screener (Medical Screener) will call numbers provided by the VA Medical Center for medical assistance.
c. Customer Service: Meet and interact with the general public in a manner that promotes a positive image of the VA. Maintain poise and self-control under stress. Keep conversations with visitors to the facility cordial and brief. Door Screeners shall not allow personal conversation or activity interrupt screening or traffic control duties.
d. Emergencies: In the case of an emergency, the Door Screeners shall respond in accordance with the SOP, VA provided training and the Contractor’s provided training. Door Screeners shall remain calm and professional in emergency situations. If the Door Screeners that responds to an emergency is required to leave their post in order to comply with VA or Law Enforcement directives, the time away from the duty post will not be considered as a failure of the Contractor to provide services.
e. Provide directions to visitors
f. Rules and regulations: Obey facility rules and regulations while on VA controlled property.
g. Unauthorized access: If a person refuses to comply with directions and/or refuses to stop at a screening check point, notify the VA Police at 254-743- 2278. Give a description of the person and/or vehicle.
h. Reports and records: Perform routine clerical duties, if identified in the SOP, associated with this position.
i. Other: Medical Screener(s) shall be present at the VA facility and shall perform the required services for the period specified. Invoices shall only be paid for actual hours that Door Screeners are present and on duty. The Contractor shall always have Medical Screener(s) at the VA Facility during the hours of coverage as listed herein.
8. Identification, Parking, Smoking and Regulations: The Contractor's employees shall always wear visible identification while on the premises of the VA. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the facility POC. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited on VA controlled property. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) Magistrate Court.
9. Personnel: The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel performance or conduct shall be dealt with by the Contractor, and/or the COR with the final decision made by the Contracting Officer.
10. Contractor’s Responsibilities: The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government. He/she shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall comply with all VA safety standards, manufacturers/industry standards, FDA, OSHA, JCAHO and the latest edition of NFPA-99.
11. Safety and Fire Prevention: In the performance of this contact, the Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes, which are in effect during the performance period of the contract. The Contractor personnel shall follow applicable facility policies concerning fire/disaster programs.
12. Background Investigations: The Contractor is responsible for their Medical Screener’s pre-employment screening process (drug screen and background checks) at no cost to the Department of Veterans Affairs.
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
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
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS
OCT 2018
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
DEC 2013
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS
(OCT 2020)
(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 (MAR 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 (MAR 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (JUN 2020) of 52.219–9.
[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).
[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219-28.
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.
637(m)).
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))
[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.
8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(JUN 2020) (E.O. 13513).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[X] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).
[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[X] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[] (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
Employee Class Monetary Wage-Fringe Benefits Guard I – GS-2 $12.21 + $4.43 Guard II – GS-3 $13.32 + $4.82
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.
3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.
115–91).
(iv) 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).
(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days prior to contract expiration.
(End of Clause)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.
(End of Clause)
C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.
5341 or 5332. This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage—Fringe Benefits Guard I – GS-2 $12.21 + $4.43 Guard II – GS-3 $13.32 + $4.82
Addendum to FAR 52.222-42 STATEMENT OF EQUIVALENT RATES
FOR FEDERAL HIRES
The information provided in this clause is for informational purposes only and is not a wage determination. This is not an all-inclusive list, but only a representative list of federal service employees that could be employed under this contract. This clause also states the wages and fringe benefits payable to each if they were employed subject to the provisions of 5 U.S.C. 5341 or 5332 (i.e., GS/WG federal employee). It is the contractor’s responsibility to determine the human capital required to execute the terms of the contract. Likewise, contractors are responsible for confirming with DOL that they are using the appropriate wage determination for the employees they use in the performance of this contract and it is the contractor’s responsibility to ensure employees are paid in accordance with the appropriate classification as determined by DOL.
(End of Addendum)
C.6 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.
[X] 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.
[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.7 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…
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