Veterans Affairs



PAGE 1 OF1. REQUISITION NO.2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE:% FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TOCODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. 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. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANDDATED ________________________________. YOUR OFFER ON SOLICITATIONDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH AREADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 128672-14-1-516-0013VA248-13-R-243008-21-2013Maribel Santa787-641-7582 ext. 4704109-19-20131:00 p.m.00672Department of Veterans AffairsNetwork Contracting Office - 8Tres Rios Bldg27 Gonzalez Giusti Ave, Suite 600Guaynabo PR 00968X100XY561720$16.5MX N/AXSee Delivery Schedule00672Department of Veterans AffairsNetwork Contracting Office 8 (NCO 8)Tres Rios Bldg27 Gonzalez Giusti Ave, Suite 600Guaynabo PR 00968Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971Janitorial Services at VA Caribbean Healthcare System(VACHS)South Bed Tower (SBT), Mayaguez Outpatient Clinic (MOPC) andPonce Outpatient Clinic (POPC)See Section B.6 Price/Cost Schedule$0.00XSECTION AA.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT32a. QUANTITY IN COLUMN 21 HAS BEENRECEIVEDINSPECTEDACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________________________________32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE32c. DATE32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE33. SHIP NUMBER34. VOUCHER NUMBER35. AMOUNT VERIFIED CORRECT36. PAYMENT37. CHECK NUMBERFORPARTIALFINALCOMPLETEPARTIALFINAL38. S/R ACCOUNT NUMBER39. S/R VOUCHER NUMBER40. PAID BY41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT42a. RECEIVED BY (Print)41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER41c. DATE42b. RECEIVED AT (Location)42c. DATE REC'D (YY/MM/DD)42d. TOTAL CONTAINERSSTANDARD FORM 1449 (REV. 2/2012) BACKTable of Contents TOC \o "1-4" \f \h \z \u \x SECTION A PAGEREF _Toc364860418 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc364860419 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc364860420 \h 5B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc364860421 \h 5B.2 IT CONTRACT SECURITY PAGEREF _Toc364860422 \h 6B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc364860423 \h 15B.4 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc364860424 \h 15B.5 PERFORMANCE WORK STATEMENT PAGEREF _Toc364860425 \h 16B.6 Price/Cost Schedule PAGEREF _Toc364860426 \h 57Item Information PAGEREF _Toc364860427 \h 57B.7 Delivery Schedule PAGEREF _Toc364860428 \h 58SECTION C - CONTRACT CLAUSES PAGEREF _Toc364860429 \h 58C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012) PAGEREF _Toc364860430 \h 58C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc364860431 \h 63C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc364860432 \h 64C.4 52.219-17 SECTION 8(A) AWARD (DEC 1996) PAGEREF _Toc364860433 \h 64C.5 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (JUNE 2003) PAGEREF _Toc364860434 \h 65C.6 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc364860435 \h 65C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc364860436 \h 66C.8 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) PAGEREF _Toc364860437 \h 66C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc364860438 \h 66C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc364860439 \h 66C.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc364860440 \h 67C.12 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc364860441 \h 68C.13 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc364860442 \h 69C.14 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc364860443 \h 70C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc364860444 \h 71C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) PAGEREF _Toc364860445 \h 71C.17 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc364860446 \h 77SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc364860447 \h 78D.1 EXHIBIT NO. 1 – DOL WAGE DETERMINATION PAGEREF _Toc364860448 \h 78D.2 EXHIBIT NO. 2 – APPLICABLE PUBLICATIONS PAGEREF _Toc364860449 \h 92D.3 EXHIBIT NO. 3– REPORTING REQUIREMENTS PAGEREF _Toc364860450 \h 93D.4 EXHIBIT NO. 4 – PAST PERFORMANCE QUESTIONNAIRE PAGEREF _Toc364860451 \h 96SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc364860452 \h 100E.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) PAGEREF _Toc364860453 \h 100E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc364860454 \h 106E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) PAGEREF _Toc364860455 \h 106E.4 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc364860456 \h 107E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc364860457 \h 107E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) PAGEREF _Toc364860458 \h 108E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc364860459 \h 108E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc364860460 \h 109E.9 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc364860461 \h 109E.10 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) PAGEREF _Toc364860462 \h 110E.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc364860463 \h 110E.12 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) PAGEREF _Toc364860464 \h 110E.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc364860465 \h 110E.14 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) PAGEREF _Toc364860466 \h 111E.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) PAGEREF _Toc364860467 \h 115SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer Department of Veterans AffairsNetwork Contracting Office - 8Tres Rios Bldg27 Gonzalez Giusti Ave, Suite 600Guaynabo PR 00968 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [X]52.232-34, Payment by Electronic Funds Transfer -Other than Central Contractor Registration, 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. ELECTRONIC INVOICING REQUIREMENTS: In accordance with VAAR 852.232-72 Vendors shall submit invoices electronically to the Financial Services Center (FSC), through one of the following transmission methods: a. VA’s Electronic Invoice Presentment and Payment System b. Any system that conforms to the X12 electronic data interchange (EDI) formatsVendors can use OB10 or EDI to submit e-invoices. OB10 is the company that VA Financial Services Center (FSC) has contracted with to provide electronic invoicing services, free of charge, to vendors who are sending commercial invoices to FSC. Additional information about this requirement can be found at the following link: VA FSC e-Invoicing 5. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address:Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2 IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required. c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall. d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle. f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. g. The contractor/subcontractor agrees to: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: (a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/ subcontractor is to perform; (1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and (2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR. h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency. (1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph. (3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 5 days. k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 5 days. l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology. 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation. b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract. (c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 6. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 9. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.(End of Clause)B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes FAR 52.219-14 Limitations on Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.(End of Clause)B.4 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor compliance with the subcontracting commitments.(End of Clause)B.5 PERFORMANCE WORK STATEMENT1.1 This Solicitation is being conducted using the policies of FAR Part 12, Acquisition of Commercial Items, in conjunction with the policies and procedures for evaluation and award prescribed in FAR Part 15, Contracting by Negotiation.1.2 This Scope of Work (SOW) is for Janitorial Services. The contractor shall furnish all personnel, labor, supervision, management, equipment, tools, material, and supplies, except as may be expressly set forth as Government furnished; and otherwise do all things necessary to perform the work efforts described in this statement of work in a responsible, cost efficient, and environmentally friendly manner. 1.3 The contractor is responsible for general cleaning, restroom cleaning, window care, and miscellaneous special cleaning. The contractor is also responsible for required reports/submittals, record keeping, attendance at various meetings, and performance of other special requirements.1.4 The Government may at any time add or delete other building(s) to this contract, which would be negotiated.1.5 Performance based specification: This is a performance-based solicitation. The Government’s requirements are expressed in the form of the minimum quality standard to be met. The Contractor is to determine the optimal work schedule, resource allocations and performance methods. Therefore, it is strongly advised that you review the complete solicitation so that you are aware of all the terms and conditions. Questions Cut-Off date – Cut-off date for questions will be August 28, 2013 at 4:30 p.m., Puerto Rico local Standard Time.1.6 Term of Contract: The Government intends to award a Contract for a Base Year Period and four (4) – one (1) year option periods that the Government may or may not exercise on a unilateral basis. The period of performance shall begin on October 1, 2013 or date of award, if later; through September 30, 2014. ?1.7Type of Contract: VA anticipates award of a Performance Based Firm-Fixed Price contract based on the contents of this solicitation.1.8 Contract Administration Data (Government):The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.1.8a The Contracting Officer (CO) named below is responsible for the overall contract: Mrs. Awilda Perales, Contracting Officer Department of Veterans AffairsVA Caribbean Healthcare SystemNetwork Contracting Office - 8Tres Rios Building – San Patricio27 Ave. J. González Giusti Suite 600Guaynabo, PR 00968Phone (787) 641-7582 Ext. 47039Fax (787) 781-87211.8b The Administrative Contracting Officer (ACO) named below is responsible for the overall administration of the contract:Ms. Maribel Santa, Contracting Officer Department of Veterans AffairsVA Caribbean Healthcare SystemNetwork Contracting Office - 8Tres Rios Building – San Patricio 27 Ave. J. González Giusti Suite 600Guaynabo, PR 00968Phone (787) 641-7582 Ext. 47041Fax (787) 781-87211.8c In no event shall any understanding or agreement, contract modification, change order, or other matters in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer, be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.1.9 Contract Administration (Contractor):Offerors are requested to designate an individual to be contacted for prompt contract administration:Name: ___________________________________________Title: ____________________________________________Phone: (___)______________________________________ Cell phone: (___)______________________________--___Fax: (___)________________________________________1.10 Initial Startup: Upon Contract Award a mandatory Post-Award meeting will be held at the San Juan Main building for the purpose of performance orientation and contract administration matters.1.12 Definitions:1.12aContracting Officer (CO): Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain responsibilities to authorized Government representatives.1.12a1 The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.1.12bContracting Officer’s Representative (COR): Is responsible to furnish technical guidance and advice or generally monitor the work performed under the contract. Contracting Officer's Representatives (COR) shall be appointed by letter from the CO. CORs will be the primary Government representatives for the administration of Contract, shall have proper training and experience in inspecting contracts, but will not have the authority to modify the contract. POC: Grissel Silva, Environmental Care Officer (ECO) Tel. (787) 641-7582, Ext. 10242/102491.12b1Representatives will not be authorized to make any commitments or changes, which will affect the price, quantity, and quality or delivery terms. (A Contracting Officer must authorize all changes to a contract.) 1.12cCONTRACTOR: Reference to ―Contractor throughout the scope of work even for those references to subcontracted type tasks shall mean the responsibility of the contract service provider.1.12d APPROVAL: "Approval" means the Government has reviewed submittals, deliverables, or administrative documents (e.g., insurance certificates, MSDS Sheets, etc.), and has determined the documents conform to contract requirements. Government approval shall not relieve the Contractor of responsibility for complying with Federal, State, and local laws and regulations.1.12e ACCEPTANCE: Constitutes acknowledgment that the supplies or services conform to applicable contract quality and quantity requirements.1.12f ENVIRONMENTALLY PREFERABLE: Products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, products and chemicals, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. 1.12g GREEN CLEANING: Green cleaning is a planned and organized approach to cleaning that uses products and processes that go beyond simple appearance and focuses on reducing impacts on human health and the environment. Unlike a traditional cleaning program, a green custodial program takes a holistic approach to building cleaning and goes beyond simple appearances to focus on health and the environmental impacts. The Contractor shall use green cleaning products and processes. 1.12h CUSTODIAL: A reference to ―custodial is interchangeable with ―janitorial. Custodial and related services include cleaning, window washing, trash removal, recycling, floor program and maintaining a building or area. 1.12i MODIFICATION: Modification is a bilateral or unilateral change in the terms of a contract.1.12j PARTNERING: This is a structured process used to develop a cohesive, cooperative building operating leadership team with a single set of goals and measurable objectives. This team operation approach fosters relationships among the team members based on trust and open communication, leading towards expedited decision making and a positive approach to all aspects of the buildings operation. 1.12k PERFORMANCE BASED SERVICE CONTRACTING: The procurement strategy that seeks to issue technical requirements that set forth outcomes for performance instead of specific requirements on how to perform the service. This strategy shifts the risk of performance to the Contractor by allowing the Contractor to design the methods of achieving desired results as defined by the performance quality standards established by the Government.1.12l POLICING SERVICES: The periodic inspection of an area at either scheduled or unscheduled internals followed by providing any needed supplemental cleaning services to maintain that area in a clean and attractive manner. Policing is a task that supplements routine services performed in an area.1.12m QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): The Government’s surveillance method of monitoring and evaluating the Contractor's performance. 1.12n QUALITY CONTROL PLAN (QCP): The Quality Control Plan is a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable. Preparation of this document is the responsibility of the Contractor. 1.12o SERVICE CALLS: Service calls are considered standard service requirements, such as nonrecurring requests for special event support, spills, replenishing restroom supplies, etc. 1.12p SHALL vs. MUST: Throughout this solicitation, the terms shall and must are used. Shall and must denote the imperative. They indicate an obligation to act. In this solicitation, and any resulting contract, shall and must have the same meaning.1.12q STANDARD SERVICES A standard service is defined as all services that are included in the monthly price or as defined in the Contract document. Prices are to include all applicable labor, materials, supplies, equipment (except as otherwise provided), supervision, and management.2. OBJECTIVES AND SCOPE:This contract is for custodial and related services with a Performance-Based Statement of Work (PBSOW) for janitorial and related services for the VA Caribbean Healthcare System (VACHS), 10 Casia Street, San Juan PR and Mayaguez Outpatient Clinic (MOPC) Avenida De Hostos State Road #2 Km. 156.2 Mayagüez, PR and Ponce Outpatient Clinic (POPC) Lot #37 Ave. Santiago de los Caballeros Finca Multedo Estrella State Road PR #14, Km 3.3 Ponce, PR. As a performance-based contract, the requirements are stated in terms of desired results with associated quality standards. 3. VACHS BUILDING INFORMATION AND ESTIMATED SQUARE FOOTAGE:BUILDINGEST. SQUARE FEETLOCATIONBuilding No.1VACHS and District Counsel First Floor 167,820 SF10 Calle CasiaSan Juan, Puerto Rico 00921-3201Building No. 10VA Community Living Center (CLC) 63,900 SF10 Calle CasiaSan Juan, Puerto Rico 00921-3201Building No. 19VA Out-Patient Additional Building (OPA) 174,220 SF10 Calle Casia San Juan, Puerto Rico 00921-3201Building No. 30VA South Bed Tower (SBT)192,240 SF10 Calle CasiaSan Juan, Puerto Rico 00921-3201Building No.100VA Mayaguez Outpatient Clinic (MOPC) 54,090 SFAvenida De HostosState Road #2 Km. 156.2Mayagüez, Puerto Rico 00680-1507Building No. 200VA Ponce Outpatient Clinic (POPC) 56,550 SFLot #37 Ave. Santiago de los Caballeros Finca Multedo Estrella State Road PR #14, Km 3.3 Ponce, Puerto Rico 00731TOTAL ESTIMATED SQUARE FOOTAGE708,820 SF3.1 Other VA locations may be incorporated after contract award upon bilateral agreement between the (Contractor) and the Government. At present the new OPA Second Floor Major Project is under construction. Upon knowledge of the Government Beneficial Occupancy date, the Government may request incidental cleaning to include: brushing, dusting, sweeping, floor maintenance, mopping, toilet and sinks regular cleaning and pickup of regular garbage. Complete custodial services may be incorporated in the contract via supplemental agreement upon knowledge of an opening date. Approximate SF for such area is 160,000 SF3.2 The Government will not be responsible for any error or variation in the square footage listed above. The figures contained in the Building Information estimate areas are estimates only. Offeror’s shall verify square footage by means of a proper site visit. A site visit for the facilities located within the VA Caribbean Healthcare System in San Juan will be conducted on August 26 and August 27, 2013 from 8:30 am to 10:30 am. Building Drawings will be available to offeror’s for their review on August 26-27, 2013 from 8:30 am to 3:30 pm. The site visit will take place at VACHS Administrative Building, 1st. floor Conference Room No. 1M102-B. 3.3 ADDITION/DELETION OF SPACE: When unoccupied space becomes occupied or occupied space becomes vacant, for a time period to exceed 90 days, the contract will be modified to reflect such changes and monthly payment will be adjusted accordingly. A notice will be given to the contractor at least 3 days in advance of the effective date of the change. The cost for the adding and/or deleting space will be figured as follows: The current annual cost of the contract divided by the applicable square footage. Negotiations on additions or deletions will be done depending on the conditions of the site to be added, deleted or transferred. 4. BUILDING OFFICE HOURS AND CLEANING HOURS:4.1 The VA Caribbean Healthcare System (VACHS), regular office working hours are Monday through Friday from 7:00 AM to 4:30 PM. A substantial part of the VA Caribbean Healthcare System is occupied twenty four (24) hours per day, seven (7) days per week. Due to the nature of the hospital/clinics clientele, the Contractor will be required to perform some cleaning work after normal business hours. Performance scheduled is to be arranged by the delegated Contracting Officer Representative (COR). All schedules must be approved by the COR or designee. 4.1a MOPC and POPC: Regular office working hours are Monday through Saturday from 7:00 a.m. to 4:30 p.m., Wednesdays extended services until 7:00 p.m. Contractor shall perform Janitorial Services between the following time frame: from 6:00 a.m. to 8:00 p.m. Contractor shall submit their work plan to be reviewed and approved by the COR. 4.1b Due to the nature of all clinics clientele, the Contractor shall required to respond to service calls to perform special cleaning tasks on request, i.e. restroom cleaning, spills pick-up, spot cleaning, safety hazards from rain, and policing services.4.1c Restricted areas require coordination and scheduling of cleaning with the COR. Such areas shall be cleaned during working hours while VA staff is present. Restricted areas include, but are not limited to, Agent cashier, Pharmacy, Warehouse, Record Room, Security Office and Regional Counsel Office. 4.2 Federal Holidays: In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract is defined as "Legal Federal, official holidays.” The 11 holidays observed as shown in Wage Determination No. 2005-2461 Rev. No.14 are:New Year’s DayJanuary 1Martin Luther King DayThird Monday in JanuaryPresidents’ DayThird Monday in FebruaryGood Friday (Refer to a local calendar to obtain the specific date)Memorial DayLast Monday in MayIndependence DayJuly 4Labor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberVeterans’ DayNovember 11Thanksgiving DayFourth Thursday in NovemberChristmas DayDecember 254.3 Or any other day specifically declared by the President of the United States to be a national holiday.4.4 Determining the Holiday: For purpose of pay and leave, the day to be treated as a holiday is determined as follows:4.4a When one of the above designated Legal holidays falls on a Sunday, the following Monday will be observed as a Legal holiday. When a Legal holiday falls on a Saturday, the proceeding Friday is observed as a holiday by US Government agencies.5. PERSONNEL POLICY: 5.1 The government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the government are non-personal services and that parties recognize and agree that no employer-employee or master-servant relationships exits or will exist under the contract between the Government and the contractor’s employees. Contractor’s employee will act and exercise personal judgment and discretion on behalf of the contractor. At no time will Contractor employees be considered VA employees. 5.2 Contractor shall assume sole responsibility for payment of applicable wages to personnel performing services under this contract.5.3 Contractor will indemnify and hold the hospital harmless from any and all claims, actions, liabilities, and expenses, (including costs of judgments, settlements, court costs, and attorney fees) caused by or resulting from the sole negligence or intentional actions or omissions of the contractor's employee, or any failure to perform any obligations imposed by this agreement, whether such act, omission, or failure was employee's or that of any person providing services hereunder through or for provider.6. THE CONTRACTOR SHALL:6.1 Be responsible to make the management and operational decisions to meet the quality standards required under this contract. 6.2 Use innovation, technology and other means and methods to develop and perform the most efficient cleaning services for the building. 6.3 Implement an effective Quality Control Plan (QCP). 6.4 Implement an effective service call system, as specified under the Special Requirements section of this contract that results in prompt, professional, and courteous resolution of tenant concerns. 6.5 Keep the Contracting Officer Representative (COR) informed of current status of the work being performed, provide work schedules and provide other pertinent information needed by the COR. 6.6 Reduce the environmental impacts of work performed under this contract by using, to the maximum extent, environmentally sound practices, processes, and products.6.7The contractor shall comply with Joint Commission Accreditation of Health Care Organizations (JCAHO) requirements, to comply with JCAHO requirement the contractor shall provide written confirmation that employees are competent to perform the task as described in the statement of work assigned on this contract. This written confirmation shall specify in which areas each contract employees are competent. 6.8The Contractor shall maintain updated the following documents: Health certificate, Vaccine records, certificate of good conduct from the Puerto Rico Police Department, educational documents, employees work applications, evaluation methods (performance appraisals) and qualifications standards on all contract employees. 6.9Contractor shall provide backup contract employee during the absence (annual leave or sick leave) of any of the employees assigned to work under this contract. Backup employees shall comply with the contract regulations and specifications. No employee changes shall be issued without the authorization of the COR.6.10 Upon contract award, Contractor shall provide an organizational chart to include employee names, position, working area, working shift showing the employee assigned to this contract. List shall be updated yearly at the time option period is exercised and within five (5) working days of an employee change.6.11 Services shall be performed in accordance with the most stringent of all federal, state, local and Agency codes and regulations (e.g., OSHA, EPA, EQB, CDC and JCAHO Standards). In addition, the contractor shall follow all applicable standard industry practices. 6.12 The Contractor shall provide all equipment and services required to perform clean-up of blood borne pathogens and fully comply with the requirements of the Blood Borne Pathogen Standard, listed in 29CFR 1910.1030.7. CONDUCT OF CONTRACTOR’S EMPLOYEES:7.1The Contractor shall prohibit his employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephone or office equipment provided for official Government use.7.2The Contractor shall require his employees to comply with the instructions, pertaining to conduct and building regulations, issues by duly appointed officials, such as the COTR, guards, and inspectors.7.3 The Contractor shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity, and for taking such disciplinary action against his/her employees as may be necessary.7.4 Appearance: The Government requires a favorable image and considers it to be a major asset of a customer service team, and the employee's attitude, courtesy, and job knowledge are influential in creating a favorable image.7.4a Uniforms: All employees shall wear distinctive uniform clothing for ready identification. Uniforms shall be neat, clean, and in good condition, and shall have the contractor's easily identifiable name affixed upon the uniform, such as a badge, patch, monogram or similar means. 7.5 Neglect of duties: shall not be condoned; This includes sleeping on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the work site security. 7.6 Disorderly conduct: use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned; also included is participation in disruptive activities which interfere with normal and efficient Government operations.7.7 Intoxicants: The Contractor shall not allow any employee (while on duty) to possess, sell, consume, or be under the influence of intoxicants, drugs, or substances that produce similar effects.7.8 The Government reserves the right to direct the Contractor to remove any employee from the work site for failure to comply with the standards of conduct.7.9 All contract employees shall refer to VA Center Memo 001-IRMS-04-04 titled Use of Government Telephone System and VA Center Memo 05-04-08 titled Employee Responsibilities and Conduct. 8. SAFETY AND HEALTH STANDARDS: This section is applicable to all work covered by this contract. Federal, local, municipal and industry safety and health requirements are applicable to this contract. Where there is a conflict between applicable regulations, the most stringent shall apply. (See applicable publications exhibit No. 2)8.1 The contractor shall submit to the COR the following documentation from all employees who will have access to the building in the performance of the contract: Employee Health Certificate, from the Department of Health and, Chicken Pox Vaccination Certificate. Documents shall be provided at least five working days prior to starting work. Contractor employees shall have a physical examination prior to work on this contract and annually thereafter. The contractor shall assure that each contracted employee meets the requirements as it relates to physical examinations: PPD skin testing, Hepatitis B, prophylaxis’s (or declination of option signed and on file) and/or other preventive health screening/testing as required by OSHA(Occupational Safety and Health Administration) , Joint Commission on Accreditation of Healthcare Organizations ( JCAHO) and other screening agencies. These documents shall be submitted for replacement employees before entrance on duty. 8.2 If the Contracting Officer receives an unsuitable report on any employee after processing of these forms, or if the COR finds a prospective employee to be unsuitable or unfit for his assigned duties, the Contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.8.3 The Contractor shall provide personal protective equipment (PPE) and attire to all employees, when required by Federal State and local regulations and require employees to use it while in the performance of their duties as necessary. In special cleaning for the Operating Room and in Isolation rooms, contractor personnel is required to wear special personnel protective clothing, that will be supplied by the medical facility; such as: re-usable gowns (2 per day per employee), disposable shoe covers and hair mesh and surgical disposable masks. Reusable gowns shall be placed at the soil linen area after each use. All other safety or protective clothing or equipment shall be provided and maintained by the contractor at the contractor’s own expense.8.4 The Contractor personnel shall take safety precautions as necessary to protect the lives and health of occupants of the building while in the performance of this contract.8.5 Respiratory Protection Program (RPP) for the Control of Occupational Exposure to TB.: The contractor shall provide and maintain an effective Respiratory Protection Program (RPP) to ensure that personnel will be protected against airborne occupational diseases. Implement a RPP in accordance with the Occupational Safety and Health Administration (OSHA) Respiratory Protection Program Standard, 29 CFR 1910.134, including medical surveillance, training and fit testing. Fit test and training must be performed prior to initial use of a respirator, whenever a different respirator face piece (size, style, model or maker) is used, and at least annually thereafter. Contractor employees must be fit tested with a N95 particulate respirator certified by NIOSH as a minimum. Training must include all elements outlined in 29 CFR 1910.134. Respirators are to be purchase by the contractor. Records of employee respirator medical surveillance, fit testing and training are to be kept by contractor and available upon request by CO/COR. Periodic surveillance of areas determined to require the use of respirators will be performed by VACHS Infection Control Program.8.6 Building Security: The Government will provide the contractor with keys/and or lock combination control to allow access to rooms required in the provisions of this contract except to restricted areas. Access to restricted areas will be provided as per established schedules. The contractor shall comply with agency regulations on key issuance procedures. Contractor’s personnel shall not lend keys or open locked rooms or areas to permit entrance by persons other than contractor’s personnel performing assigned duties. 8.7 All keys not issued for the day shall be retained in the designated locked key box furnished by the Government to the contractor. Written procedures covering key control will be included in the contractor’s procedure manual.8.8 Any keys lost by Contractor personnel shall be replaced by the Government at the contractor’s expense and/or deducted from the monthly payment due to the Contractor. The contractor shall immediately report to the CO/COR any occurrences of loss or any unauthorized use. All contractor employees shall comply with VACHS smoking policy.8.10 Security Checkout procedures: The contractor shall ensure that all employees hired to perform the work specified in this contract, perform a clearance when no longer assigned to work under contract. Checkout shall include the return of identification cards, keys, and any other issued passes to the COR.9. SUPPLIES, MATERIALS AND EQUIPMENT:9.1 The Contractor shall furnish all supplies, materials and equipment necessary for the performance of the work of this contract. 9.2 The contractor shall use Green cleaning products and processes including, but not limited to products containing recycled content, environmentally preferable products and equipment, vacuum cleaners with HEPA filtration, bio-based products, and products and equipment that minimize the use of energy, water, and other resources. All cleaning cloths and mopping programs used at direct patient care areas, at a minimum; shall be of microfiber technology. 9.3 The existing paper towel, toilet paper and hand soap dispensers shall remain in use for the performance of this contract. The contractor shall replenish supplies and fill dispensers as a standard service. Supplies used shall be consistent with the Comprehensive Procurement Guideline (CPG) items. Comprehensive Procurement Guidelines are found at: quality of these supplies and materials, at a minimum, shall conform to applicable Federal Specifications. 9.3a At present time, it is not contemplated to change dispensers. However, in the event that supplies to refill such dispensers became unavailable in the market or a VA directive mandate to change the dispensers; the removal and installation of the existing dispensers will be negotiated. 9.4 Material Safety Data Sheets (MSDS): The Contractor shall furnish to the COR all Material Safety Data Sheets (MSDS) for any materials used in the performance of this contract. All new products used during the life of the contract must have MSDS provided to the COR prior to bringing these products on site and being used. The Contractor shall use only commercially available products that meet Federal, State, and local codes. These requirements should include those identified in Executive Order 13423. 9.4a An inventory list of products to be used under this contract, along with the respective (MSDS) shall be provided to the COR for evaluation and approval. The list shall include manufacturer’s name and brand name. This list shall be provided to the CO/COR at least five (5) working days before commencement of the work. This list shall be updated, throughout the term of the contract. The COR shall contact the Contractor immediately if any item is deemed inappropriate for use under this contract. 9.4b Contractor shall maintain the MSDS in a location accessible to all employees and shall advise the COR of their location. The MSDS will be available for inspection by the COR on request. The Contractor shall take every precaution to ensure that environmental friendly products are used. Information can be obtained from Federal, State, and local agencies concerning safe chemical cleaning materials. 9.4c The Contractor shall not use any material that the COR determines would be unsuitable for the purpose or harmful to any part of the building, its contents, equipment or person occupying the building. The contractor will be responsible for ensuring that approved products and materials are properly stored and used for their intended purpose and cause no harm to humans and/or building materials.9.4d The materials shall not contain ammonium, butol, carcinogen, asphyxiant, caustics (acid based), nor para-tertiary product. The Contractor shall give preference to floor finishes and floor maintenance products that are free of metals, such as zinc, arsenic, lead, cadmium, cobalt, chromium, mercury, nickel, or selenium.9.4e The materials shall not be corrosive nor primary skin irritants, nor be considered a flammable substance as defined by OSHA Standards. Materials to be used on this contract shall meet Federal, State and/or local codes.9.4f No material or supplies shall be used in the performance under this contract or placed or stored on government property until the applicable MSDS for all materials have been furnished to the Contracting Officer/COR and has been approved. The contractor shall not use any material which the COR determines would be unsuitable for the purpose or harmful to the surfaces to which applied. Costs for correcting damage caused by misused materials will be borne by the Contractor. 9.4g The contractor shall use products, materials (toilet tissue, paper towels, e.g.) made with recyclable materials to the maximum extent possible. 9.5Equipment must be properly guarded and meet all applicable OSHA standards. Equipment will be used only for their intended purpose.9.5a All electrical equipment shall be self-grounded using three (3) loners with ground plug, Hospital Grade 20 amp. Electrical operated equipment shall be equipped with hospital quiet motors, be third-wire grounded and be equipped with an appropriate length of Underwriters Laboratories (UL) approved three conductor cord. The cord shall be permanently attached to the machine. The contractor equipment shall be compatible with existing sources of Government furnished electrical power. Certification by an Electrical Engineer shall be submitted to comply with all safety standards.9.5b All wheeled and movable equipment shall be equipped with protective, non-marking rubber silent running casters wheels (noise-reduction campaign)9.6 PROVIDED BY THE GOVERNMENT (NOT IDENTIFIED ELSEWERE IN THE SPECIFICATION)9.6a All utilities (electrical power and water) will be furnished by VA for the Contractor’s use to operate such equipment which is necessary in the conduct of his work.9.6b Upon availability, the Government will provide space at each building to the Contractor for the storage of a weekly inventory for the supplies and equipment that will be used in the performance of the contract. Space quantity in square feet will be at government’s discretion and availability. Under no circumstances will the Contractor store flammable or explosive liquids (naphtha, gasoline, etc.) in the building. The contractor shall maintain this space in a neat, clean and orderly condition.9.6c Space in the building: The contractor will be provided space within the building for contract management. Furniture and furnishings to include a telephone for an office, is to be used for official business only in the performance of this contract. Government property shall not be used in any manner for any personal advantage, business gain, or other personal endeavor by the contractor or the contractor’s employees. This space and equipment shall be returned to the Government at the expiration of the contract in reasonably the same condition as at the time of entering into the contract.9.6dThe Government will not be responsible in any way for damage or loss to the contractor’s stored supplies, materials, replacement parts, or equipment.9.6e Housekeeping Aid closets, where available, for storing supplies and equipment including mops, brooms, dust cloths, and other items shall be kept clean and in an orderly manner by the contractor. 10. QUALIFICATIONS OF CONTRACTOR PERSONNEL:10.1 The personnel employed by the contractor shall be capable employees, trained and qualified in janitorial services type work with at least six (6) months of medical facility cleaning experience. Contractor personnel with skills in both work practices and instructional techniques.10.2 All supervisory/working leader contract personnel engaged in directing the work to be accomplished under this contract shall possess at least three (3) years of recent (within the past 5 years) experience in managing janitorial services. Experience shall be in medical facility cleaning type operations in buildings of similar size and complexity. The on-site supervisory/working leader shall be fully conversant in English. A detailed resume containing the information specified below must be submitted through the COR to the CO, for approval prior to the assignment of any on-site representative to the contract. In addition, supervisory personnel shall have experience in training employees in the type of work they are supervising, strong communication skills, and prior experience in project management and customer service. Both new and replacement representatives must meet these qualification standards:The full name of the proposed on-site representative.A detailed description of the previous 5 years employment history of the proposed on-site representative.(c) The name(s) and addresses of the companies for whom the proposed on-site representative worked for the past 5 years, along with the name(s) and telephone number(s) of his/her immediate supervisor.10.3 The Contractor shall employ fully qualified personnel who are fully trained prior to the assumption of duties. All employees will have the following qualifications: In-depth knowledge of effective methods of performance based cleaning, quality control, cleaning products, supplies, and equipment utilized. The building shall be fully staffed beginning the first day of work. All personnel shall exhibit the capability of operating with a minimum of supervision.10.4 The Contractor shall arrange for satisfactory supervision of the contract work. The Contractor and/or his Supervisors shall be available at all times, when the contract work is in progress, to receive notices, reports or requests from the Contracting Officer and/or COR. The Contractor shall furnish the COR with a list of telephone numbers where an authorized representative may be contacted seven (7) days per week at any hour of the day or night to provide required services. Contractor shall provide to the Contracting Officer the name and telephone number of on-site supervisor(s) at least five working days prior to the contract start date. All personnel shall receive first-line supervision by the Contractor.10.5 Training: The Contractor shall comply with VACHS mandatory trainings for all contract employees. Contractor employees shall access the following website: to take the VHA mandatory trainings on the VA Talent Management System (TMS) at training shall include, but may not be limited to the following: VHA Mandatory Training for TraineesVHA Mandatory Training for Trainees Refresher CourseVA Privacy and Information Security Awareness and Rules of Behavior Privacy AwarenessVA Cyber Security AwarenessSafety Emergency preparedness planCustomer ServiceInfection control10.5a Contractor-furnished Training: Contractor is required to keep current with effective industry practices and incorporate those practices into the performance of this contract through continuous employee training and development. Contractor shall submit to the CO written certification that each contract employee has been trained in the Housekeeping technical areas prior to assignment under this contract. Contractor provided training shall include but may not be limited to the following: Universal precautions and cleaning procedures appropriate for clinical settings. The on-site supervisor will be required to attend a mandatory orientation conducted by the COR. This will include a briefing of the occupant agency’s function and a tour of the building facility. It will also familiarize contract employees with key client agency personnel and areas of the building requiring unique attention. 10.6 Competency Requirement: The contractor shall comply with Joint Commission Accreditation of Health Care Organizations (JCAHO) requirements. To comply with JCAHO requirement the contractor shall provide written confirmation that employees are competent to perform the task as described in the statement of work assigned on this contract. This written confirmation shall specify in which areas each contract employees. Below is a sample form.Certification of CompetencyThis is to certify that meets all qualification requirements for the services requested, is properly trained, has all applicable credentials and is competent to perform the tasks as described in the statement of work contract.Signature:Date:Name:Position Title:Contractor:11. SCHEDULING WORK AND REPORTING REQUIREMENTS/SUBMITTALS:11.1 The Contractor shall submit to the COR an annual schedule of all daily and periodic cleaning routines, frequencies and a procedures manual. Documents shall be submitted five (5) working days prior to the contract starting date, and annually thereafter if options are exercised.11.2 The cleaning schedule is considered the Contractor’s efficient approach to the work, and shall not limit the Contractor to specific levels of staffing, means or methods. Changes necessary for achieving the contract performance work statement requirements are the responsibility of the Contractor. 11.3 The daily cleaning schedule shall include specific areas; day of week and time of day work will be provided. Procedures manual shall include procedures necessary to perform complete cleaning services required by the contract.11.4 In case of an emergency condition (e.g., flooding, inclement weather, spills) the contractor shall divert his force, or such part thereof as deemed necessary by the COR, from their normal assigned duties to meet the condition. When these employees are no longer needed, they shall be directed by the contractor to return to their normal duties and the contractor shall not be penalized for the portion of the normal daily work which otherwise would have been performed but was neglected due to the emergency. This will include all areas within the premises. Depending on the impact of the emergency condition a supplemental agreement might be negotiated. 11.5 All of the requirements/submittals are subject to Governmental approval. (See Reporting Requirements/Submittals Exhibit.)12. QUALITY CONTROL PLAN:12.1 The contractor shall establish and implement a complete Quality Control Plan (QCP) to ensure the requirements of the contract are met or exceeded. The QCP is a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable. The contractor’s plan shall describe how the contractor will utilize its quality control to optimize performance and customer service. It is the basis for the establishment and implementation of inspection criteria.12.2 The QCP is a living document and may be subject to change depending on the needs of the contract. When the QCP is revised the Contractor is required to provide an updated QCP, maintenance schedule and listing of current employees to the CO and COR for acceptance. 12.2 a The QCP must be tailored to the building(s) covered by the contract. QCP must contain the contractor’s system for maintaining the company’s standards or degree of excellence, which distinguishes it from other companies. It establishes procedures and responsibilities for controlling the quality of the work to be performed. Upon contract award, QCP inspection forms shall contain the following information: The name(s) of the individual(s) who will perform the inspection.Location of inspection Description of findings Description of action(s) taken (if necessary) Signature and date of inspection performed/completion The QCP, as a minimum; shall include the following:Describe in as much detail as necessary how the work will be performed and managed under this contract in order to meet the performance standards.What method will be used to ensure adequate staffing levels to meet contract requirements?What is your organizational structure that details key contacts, positions, cell or phone numbers, and chain of command for resolving issues? What is your plan for handling emergencies, spills, etc. when staff is not normally in the buildings? (on larger buildings)What method of inspection will you be using?100 % inspection of the tasks performed by the employees Random sampling method of inspectionPeriodic inspections based on frequencyCustomer complaintsCombination of methods (describe which methods)What method do you have in place to correct deficiencies? How will you handle customer complaints?What method do you have in place to ensure compliance with training requirements and maintain a sufficient quality work force to meet contract performance?What is your method of communication to ensure effective communication, inform employees of deficiencies, changes, and emergencies?Who are the supervisory level people identified to review the employee work and performance to meet the standards?Who is the management level person identified to review the work and performance in meeting the standards? (larger contracts)What is your proactive plan to identify, correct, and prevent deficiencies before the work becomes unacceptable?How will you achieve high customer satisfaction throughout the life of the contract?Describe and provide samples of your quality control forms, periodical charts, inspection forms, employee communication forms, or any other forms used to manage the contract and meet the standards. What is your method of record retention that can be easily accessed by GSA without notice?What is your detailed safety plan? What is your method in place for periodically reviewing their quality control plan, making adjustments, and forwarding those updated changes to the COR. How will you monitor green cleaning compliance in this contract? 13. COMMUNICATION REQUIREMENTS AND RECORDING PRESENCE: 13.1 Meetings: During the term of the contract, it may be necessary to schedule meetings between the Contractor and the Government for contract information exchanges, performance and contract compliance matters. Some of the meetings would only be required if issues could not be resolved via telephone (conference calls) or in writing. Location of meeting will be at the VA Caribbean Healthcare System, San Juan, Puerto Rico or at VA Network Contracting Office (NCO) at Tres Rios building, Guaynabo, Puerto Rico. Attendees shall include, but may not be limited to, the Contracting Officer, Contracting Officer's Representative, the Contractor and Contractor’s Key personnel.13.2 Communication Requirements: Quality Control meetings will be held between the Contractor and COR. The purpose these meeting will be to discuss the Contractors performance, areas of deficiencies, areas of satisfaction and needs or concerns. Frequencies of these meetings may be increased or decreased upon performance as determined by COR. 13.3 The Contractor shall attend all weekly Environment of Care (EOC) meetings. They will be on the agenda to communicate program specific information, and/or improvements. 13.4 Partnering Meeting: The Contractor shall attend at least one partnering session with VACHS after the Post-Award conference. Other sessions may take place during the course of the contract. Partnering is working together towards a common interest or goal. 13.5 The written minutes of these meetings will be prepared and distributed by the CO. The Contractor shall acknowledge receipt of the minutes within two working days and will have the opportunity to provide comments.13.6 Recording Presence: Each contract employee must sign-in / sign-out each workday.14. CALL BACK REQUIREMENTS:14.1 Routine Service Calls. The contractor shall respond to all service calls made promptly during working hours and correct the problem within or less than one (1) hour. In those instances when problems can’t be resolved, contractor shall notify the COR for proper corrective action.14.2 Emergency Calls: During hurricane season/disaster situations, contractor will assure personnel are available to perform services. The contractor shall within two (2) hours after receipt of notification by the Contracting Officer or COR, perform the requested service. 14.3 VACHS Emergency Plan is used by the COR during emergencies. Designated Contractor personnel, including the on-site supervisor(s), shall be thoroughly familiar with VACHS Emergency Preparedness Plan. Contractor personnel shall follow the VA emergency preparedness plan during emergency situations. All Contractor employees shall be trained by the Contractor to fully understand their responsibilities relative to each emergency plan. The Contractor shall participate in fire and other emergency drills. The Contractor shall be required to perform the services required by the Contract and as identified by the COR to the extent allowed during all emergency situations such as: storms/ hurricanes and/or disaster situations that may include: fire, accident, rescue operations and utility service outages.14.4 The Government is required by the National Strategy for Pandemic Influenza Preparedness to prepare and establish a plan that safeguards its employees and provides for continued operations in the event of an influenza pandemic. The Contractor personnel shall also be familiar with VACHS Pandemic Plan.14.5 Energy: Conservation is a planned and organized approach designed to conserve energy in our buildings and reduce our dependency on non-renewable sources of energy. Contractor shall ensure that work under this contract is performed in a manner that conserves energy and other Government resources. Contractor shall take the necessary steps through training, communication, and implementing appropriate procedures in their use of energy consuming equipment. This will ensure that their employees are assisting the VACHS in conserving energy.15. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD) -12:15.1 HSPD 12 is the ―Policy for a Common Identification Standard for Federal Employees and Contractors. The Directive requires all Federal governmental departments and agencies to conduct background investigations and adjudicate the results (HSPD-12 complaint suitability determinations) for all contract employees requiring routine unescorted access to federally controlled facilities and/or information systems for more than 6 months before identification cards will be issued. The required type of identification card for contractor personnel is a PIV Card. 15.2 The Contractor shall see that every contract employee has a Government issued identification credential before the employee enters on duty. The Government will make the identification credentials badges after a favorable security determination has been received for the Contractor’s employees. All credential identification shall have an expiration date and Contractor employees shall sign each badge at the time of photographing.15.3 Upon receipt of a favorable suitability determination, each employee of the Contractor will be issued an identification credential. At all times while working on the contract a Contract employee, including sub-contractor employees, must have in his/her possession the specific Government identification credential issued to them by the Government. The identification credential shall be displayed and visible at all times while on Government property. The COR, Government law enforcement, or security personnel shall periodically verify passes of Contractor employees with their personnel identification. Contractor employees shall comply with security verification procedures at all times. 15.4. All credential identification shall have an expiration date and Contractor employees shall sign each badge at the time of photographing. The Contractor shall be responsible for ensuring that all identification credentials are returned to the Contracting Officer's Representative as his employees leave the contract (contract is completed, employees leave employment of the company, employees are dismissed or terminated). The Contractor will notify the Contracting Officer’s Representative when employee badges are lost. 15.5 The Contractor will be responsible for paying the Government for replacement credentials at the current cost per badge.16. CONTRACTOR PERSONNEL SECURITY AND SUITABILITY:16.1 Access to VA Computerized System: A background investigation must be conducted on those employees requiring access to the VA system and/or on those employees handling sensitive information. The contractor must complete and submit all necessary paperwork to the contracting officer immediately after the award date of contract. 16.1.1. Risk Level Designation: The level of Background Investigation commensurate with the level of access needed to perform the statement of work is: National Agency Check with Written Inquiries (NACI). The position risk/suitability level that has been assigned to the positions under this contract is low risk. 16.1.2. Contractor Responsibilities The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. Contractor shall submit, for all contract employees, including any subcontract employees the following :Within five (5) business day of receiving the Notice of Award, a Complete Background Investigation Request to the VHA Service Center (VSC) Personnel Security Office via password protected or encrypted e-mail to VSCSecurity@ or fax to (216) 447-8020 Note: Due to the personal information contained in the Background Investigation Request Worksheet, the information must be sent in a secure manner. Please do not e-mail a document containing social security plete Special Agreement Check (Fingerprinting) and submit VHA Special Agreement Check (SAC) Memorandum.Once an automated initial e-mail from VA SIC is received, with a website link that provides further instructions; if a contract employee has a previously completed Background Investigation (BI) he/she may be eligible for reciprocity.Upon receipt of the automated initial e-mail, if contract employees haven’t previously completed a BI; each contract employee must complete and submit BI documents within five business days.If contract employees have previously completed a BI and are eligible for reciprocation, reciprocity will be verified by the VA SIC. If it can be reciprocated an e-mail notification will be sent to the contractor POC.Upon receipt of BI documents, the VA SIC reviews them for accuracy. If the package is correct and complete, the package is forwarded to OPM and the Contractor POC receives an automated e-mail indicating that the BI has been initiated.If the VA SIC notifies the Contractor that a BI has been initiated: Then, while the BI process is being completed, the VSC Personnel Security Office reviews the results of the Special Agreement Check (fingerprints) and makes and adjudication recommendation to the Contracting Officer, who will inform the contractor POC of the outcome. If the contract employees receive a favorable adjudication: Then, each contract employee shall complete and submit the VHA Service Center Contractor PIV Sponsorship Form and make an appointment to obtain a PIV card. This shall be completed within five business days of reciprocation or receiving notice of initiated BI and favorable SAC Adjudication.The Contract employee shall complete required security training as designated in the solicitation, sign the Contractor Rules of Behavior and submit completed training certificates and signed Rules of Behavior to the Contracting Officer and the COTR.The Government may, as it deems appropriate, authorize and grand temporary suitability determinations to employees of the Contractor. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow as a result or condition thereof and the granting of either temporary or full determination shall in no way prevent, preclude or bar the withdrawal or termination of any such determination by the Government.17. CLEANING REOUIREMENTS AND QUALITY STANDARDS:STANDARD SERVICES The contractor shall clean all spaces in accordance with customary Hospital Industry, Aseptic techniques standards and VA approved contractor procedures manual. A hospital grade germicide shall be used in all areas. Standard precautions shall be practiced at all times. INTERIOR The Contractor shall provide interior standard services for the work items listed below. PERFORMANCE STANDARDS The Contractor through innovation, technology, or other means shall perform the work in this contract to meet the quality and performance standards in this Section. Evaluations of the Contractors work shall be based on the standards in this Section and conducted in accordance with the Government’s Quality Assurance Surveillance Plan (QASP).17.1 TOILET ROOMS: The contractor shall meet all standards specified by Section 17.1. and those standards following.17.1a Floors: Toilet room floors shall be swept to remove loose dirt and foreign matters and wet mopped utilizing a germicidal detergent solution. 17.1b Fixtures: Clean all fixtures, including metal and chrome surfaces water closets, urinals, shelving, wash basins, shower, shower curtains stalls, mirrors, waste receptacles, all dispensers and ceramic wall surfaces, utilizing a germicidal detergent. Raise water closet seats.17.1c Receptacles: All waste receptacles shall be emptied, cleaned and relined. Restrooms shall be free of discarded material and trash shall be emptied to prevent the containers from overflowing. Wash and damp wipe the inside and outside of wastebaskets as necessary to keep them in an acceptable manner. 17.1dSurfaces: Spot-clean and dust all surfaces.17.1e Toilet rooms shall be policed and washbasins cleaned as traffic demandsNOTE: The following Toilet Rooms has been identified as “High Traffic”. ATM Toilet Rooms (Lobby) 1-E 180 and 1-E 181Emergency/Admission (1st Floor) Toilet Room 1-150 and 1-152 Laboratory (OPA 1st. Floor) 1-F 105 and 1-F106Hematology (OPA 1st. Floor) 1-G 102 and 1-G103Continuous police services for the above toilet rooms, is required from 6:00 a.m. thru 8:00 p.m. Monday – Friday and is to be performed every half (1/2) hour. During weekends high traffic toilet rooms shall be cleaning on a regular routine basis. Contractor shall ensure high traffic toilet rooms are clean, functional and presents an overall appearance of cleanliness at all times.17.1f Scrub all ceramic tile floor and/or damp mop and spray buff resilient floors.17.1f1 Shower curtains/doors shall be washed.17.1g Damp wipe the full surface area of all stall partitions ceramic tile walls, doors, window frames, sills, and wastepaper receptacles utilizing a germicidal - detergent solution. 17.1h Strip and finishing: The old finish or wax shall be removed and new sealant applied in accordance with standard commercial practices. Spots shall be eliminated. Strip and seal all hard floors. 17.1i Dispensers: The Contractor shall replenish supplies and fill dispensers as a standard service. Dispensers of paper towel, soap, air freshener and toilet roll paper shall be serviced and refill as necessary. The supplies for the provided dispensers shall be compatible with the dispenser’s manufacturer’s requirements.17.2 ROOM CLEANING: (Includes all office areas, file room, waiting areas, clinical and non-clinical areas, corridors and space adjacent to these areas).17.2a Empty wastebaskets, reline, and removed all trash to designated disposal area. Clean washbasins and mirrors, as necessary; supply paper towels and hand soap dispensers when required. Items collected under the recycling program, shall be collected and removed to designated area. 17.2a1 Cardboard containers shall be broken down flat.17.2a2 Rooms used for the collection of wastes shall be cleaned with a disinfectant cleaner. 17.2a3 Solid Waste Collection: All solid waste generated in the building shall be collected and removed to storage area designated for trash. Carts and containers used for the collection and/or storage of waste shall be flame resistant and leak proof. The Contractor shall notify the COR of any item or material identified by the Environmental Protection Agency (EPA), and State and local regulatory agencies as hazardous waste, hazardous materials, or Universal Waste, observed in the trash receptacles. Typical prohibited wastes include but are not limited to fluorescent light bulbs, thermostats, thermometers, most chemicals, and batteries (40 CFR Parts 260-273).17.2a4 Biomedical Waste: Contractor shall collect all regulated medical waste in a transport cart separate from general refuse. Waste shall be delivered to identified, consolidated Regulated Medical Waste area within designated Medical Facilities.17.2a5 Recycling Items: All recyclable material generated (paper, cardboard, aluminum and plastic) shall be collected, properly handled and transported to designate storage area.17.2a6 Trash compactors are used at the building loading docks; the Contractor shall operate the compactor. The COR will coordinate to provide training to contractor personnel in the safe and proper operation of the compactor.17.2b Trash containers shall be emptied and kept clean, odor-free, and free of dirt, dust, debris, residue, and spilled material. Plastic liners for all trash, debris containers shall not be torn, worn, or contain residue. All ash receptacles shall be free of dust, ashes, odors, tar, streaks, and tobacco residue. Wastebaskets shall be wash/damp wiped. 17.2c Porcelain Ware Cleaning: Washbasins shall be clean and bright; there shall be no dust, spots, stains, rust, green mold, encrustation, or soil.17.2d Damp Wiping (Mirrors): Mirrors shall be clean and free of dirt, dust, streaks and spots.17.2e Glass cleaning: All glass, clear partitions, glass doors, mirror surfaces, bookcases, and other glass shall be clean and free of dirt, dust, streaks, smudges, watermarks, spots and grime, and shall not be cloudy. There shall be no water spots on the glass or adjacent fixtures and furniture. 17.2f Dry and wet mopped resilient floor with germicidal solution and vacuum carpet traffic patterned areas and remove obvious dirt from around and under furniture.NOTE: For the purpose of this contract, whenever the term carpet or carpeting is used, it is intended to include wall-to-wall carpeting, room size rugs and area rugs.17.2g Vacuuming: Carpets, including corners, shall be clean and free from dust balls, dirty and other debris; nap on carpets shall lie in one direction upon completion of the vacuuming task.17.2g1 Carpet surfaces are to be free of dirt, dust, and other debris. Vacuuming shall be done at a frequency that will protect the integrity of the carpet and prolong wear. The Contractor shall utilize vacuum cleaners that meet the requirements of the Carpet and Rug Institute ―Green Label/Green Label Plus‖ Testing Program, Surfaces: All horizontal surfaces that are readily available and visibly require dusting shall be dusted with a treated dust cloth.Alll surfaces shall be free of dust, dirt, oil spots or smudges. Cabinets and desks with papers, computers, and keyboards shall not be disturbed.17.2h Metal, Brass and Woodwork: Surfaces (including corners, crevices, moldings, ledges, hand rails, grills, doors, door knobs, door frames, kick plates, etc.) shall be free of dust, streaks, spots, hand marks, oil, smudges, dirt, soil substances, encrustation, and streaks. 17.2i In all clinical room areas: Thoroughly dust all horizontal surfaces and stationary furniture. Floor area shall be thoroughly vacuumed and/or swept.17.2i Dusting: There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools. 17.2i3 Sweeping: Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners, under furniture or behind doors.17.2j Spot cleaning: Carpet surfaces shall be free of removable spots, soiled traffic patterns, dirt, dust, debris, gum, and crusted material.17.2j1 Carpet Spotting: Excessive buildup, spillage of crusted material shall be removed along with spots, smears and stains. There shall be no evidence of fussing caused by harsh rubbing or brushing. Cleaned areas shall blend with adjacent areas of carpeting.17.2k. Spot clean all walls.17.2l Damp mop and spray buff all hard and resilient flooring. 17.2l1 Damp moping: Using only a damp mop, remove fine dust and spots from the floor before spray buffing and between wet mopping.17.2l2 Spray Buffing: Floors shall be free of streaks, mop strand marks and skipped areas. Walls, base boards and other surfaces shall be free of splashing and marking from the equipment. The finished area shall have a uniform luster.17.2m All furniture shall be moved to clean floors and baseboards. 17.2m1 Floors: Floors under beds and other furniture shall be free of dust, lint and soil. Free of spills, streaks, stains, spots, debris, and dust, and foreign matter. Corners and edges shall be free of dust, lint and soil. Floor is generally shiny, indicative of the presence of floor finish and recent polishing. The finished area shall have a uniform luster, without unsightly finish buildup and shall be slip-resistant. There shall be no evidence of gum, rust, burns, or scuffmarks. 17.2m2 Baseboard: Baseboard includes vinyl or plastic baseboards, painted cover surfaces, terrazzo, cove base, and all other forms at the edges of floors. Free of dust, lint, and soil on both horizontal and vertical surfaces. Walls and baseboards shall be free of splashing, finish residue, and marking from cleaning equipment.17.2n Dusting of high areas: Overhead pipes, vents, ceiling, grills, light fixtures.17.2n1 Dusting: Free of dust and lint.17.2n2 Trash hoppers/receptacles and wheels shall be washed and disinfected with a germicidal solution.17.2p In office areas, classrooms, file rooms, libraries, conference room, clinical and Non-clinical areas: Thoroughly dust horizontal surfaces of furniture and all wall surfaces within approx. seventy (70) inches of the floor. 17.2p2 Damp Wiping: Horizontal surfaces shall be free of dirt, dust, streaks and spots and should not be cloudy.17.2p3 Thorough Sweeping: Floors shall be clean and free of trash and foreign matter. Not dirt shall be in corners, under furniture or behind doors. 17.2q Thoroughly dust all vertical surfaces and, under surfaces of furniture (desk knee wells, chair rungs, table legs, partitions etc.)17.2q1 Partitions: Partitions shall be free of soil and shiny, having been wiped and dried. Tops free of dust as needed17.2r Glass cleaning: Damp wipe both sides of glass in doors, partitions, and bookcases, and any other glass. 17.2r1 Light fixtures shall be washed.17.2r2 Cubicle curtains: Cubicle curtains are to be free of spots, marks, and visible soil. Cubicle curtains shall be replaced as follows: intensive care areas monthly and patient ward areas quarterly and/or as needed. 17.2s In office areas, classrooms, file rooms, libraries, conference rooms:17.2s1 Damp wipe glass in interior office doors, partitions and bookcases.17.2s2 Strip, refinish and buff resilient flooring. Water solutions shall not be used on wood flooring.17.2s3 Glass Cleaning: Glass shall be clean and free of dirty, body oil, dust, streaks, watermarks, spots and shall not be cloudy. There shall be no water spots on the glass or adjacent fixtures or furniture.17.2s4 Stripping: Strip and apply coats of floor finish to all resilient flooring. All old finish or wax shall be removed. There shall be no evidence of gum, rust, burns or scuffmarks.17.2s5 Waxing and Buffing: Walls baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The finished area shall have a uniform luster.17.2t. Carpets and Rugs: Shampoo carpeted areas17.2t1 Carpet Shampooing/Extraction: The Contractor shall coordinate with the COR the times when carpet shall be cleaned. The carpet shall be dry before customers occupy the building on the next business day. The Contractor shall take measures to prevent the growth of mold. Moving of duplicating equipment, computer equipment, and similar type electric and electronic equipment is to be coordinated with the COR prior to cleaning of the carpet. Any furnishings moved are to be returned to their original positions. 17.2t2 All carpets shall be clean, free of spots, spillage and removable stains. There shall be no evidence of “fuzzing” or deterioration caused by harsh rubbing or brushing. Carpet shall be free of residue. Cleaned areas of carpet and rugs shall be reasonably blended with surrounding carpets. 17.2t3 Carpet Vacuuming: Carpet surfaces are to be free of dirt, dust and other debris. Vacuuming shall be done to protect the integrity of the carpet and prolong wear. Carpets shall be vacuumed after cleaning and then brushed to restore flattened pile or its natural lay.17.2u. Walls: All walls and doors shall be uniformly cleaned. Cleaning should not cause discoloration. There should be no signs of overlapping. 17.2u1. Wall surfaces shall be free of smudges, marks, dirt, and spots17.2v Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The finished area shall have a uniform luster.17.2w Furniture: vinyl, plastic, fabric, e.g. modular systems, upholstered furniture. Furniture shall be free of dirt, dust, stains, grease and shall present an overall clean appearance. Appropriate cleaning products are to be used to prevent damage to the furniture. 17.3 MAIN ENTRANCES, MAIN LOBBIES AND MAIN CORRIDORS:17.3a. Sweep bare floors and vacuum carpeted floor areas. Clean and polish metal doorknobs, push bars, kick plates, railing and other metal surfaces; clean and polish wood handrails, door, and other wood surfaces; clean spots and marks off walls, dust all surfaces within approximately seventy (70) inches from the floor.17.3a1 Thorough Sweeping: Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners, under furniture or behind doors.17.3a2 Thorough Vacuuming: Carpets shall be clean and free from dust balls, dirt and other debris; naps on carpets shall lie in one direction upon completion of the vacuuming task.17.3a3 Metal Polishing: Metal surfaces shall be free of smears, stains and finger marks. They shall be clean, bright, and polished to a uniform luster.17.3a4 Wood polishing: wood surfaces shall be clean and free of smudges and residues.17.3b. Spot clean carpet.17.3b1 Spot Cleaning: Smudges, mark or spots shall be removed without causing unsightly discoloration.17.3c. Empty trashcans reline and remove trash to designated area. Wash/damp- wipe wastebaskets and provide plastic bag liner.17.3c1 Damp Wiping: Surfaces shall be clean and free of hand marks, smudges, dirt, dust and spots.17.3c2 Policing Services: All building areas shall be free of papers, trash, and spillages.17.3d.During the day provide necessary policing services as traffic demands, to ensure a clean, neat and presentable appearance. 17.3d1 Wood Polishing: Wood surfaces shall be clean and free of smudges and residue.17.3d2 Thorough Dusting: There shall be no dust streaks in corners, crevices, on moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools.17.3e.Damp mop and spray buff all hard and resilient floors.17.3f. Clean both sides of entrance door glass and glass surrounding entrance doors.17.3f1 Glass Cleaning: All glass shall be clean and free of dirt, grim, dust, streak, watermarks and spots and shall not be cloudy.17.3g. Clean and shampoo entrance and elevator rugs as required to maintain quality standards.17.3h. Clean and polish metal door surfaces thresholds, clean all signs. Metal surfaces including doorknobs, push bars, kick plates, railings shall be free of smears and stains. They shall be clean, bright and polished to a uniform luster.17.3h1 Cleaning Thresholds: Thresholds/signs shall be clean and free of oil, grease, dirt and grime.17.3i. Damp wipe and polish marble wall grime surfaces and stone wainscoting Wall surfaces such as marble, stone wainscoting, masonry, wood, vinyl, cloth fabric and painted wall surfaces, shall be clean free of hand marks, smudges, dirt, dust, spots, stains and discoloration. Walls and baseboards and other surfaces shall be free of splashing and marking from cleaning equipment.17.3j. Strip and apply coats of floor finish to all hard and resilient floors.17.4 SECONDARY ENTRANCES, SECONDARY LOBBIES AND SECONDARY CORRIDORS:17.4a. Sweep bare floors and vacuum carpeted floor area.17.4b. Damp mops all hard and resilient floors.17.4c. Spray buffs all hard and resilient floors.17.4d. Polish kick plates, push plates, push bars on metal surfaces.17.4e Glass Cleaning: Clean both sides of entrance door glass and glass surrounding entrance doors within reach.17.4f Clean and polish metal door thresholds.17.4g Damp wipe and polish marble wall surfaces and stones wainscoting.17.4h Strip and apply coats of floor finish to resilient floors. Strip, seal and apply coats of floor finish to all hard floors.17.5 STAIRWAYS:17.5a. Stair landings and steps shall be sweep, damp mop and/or vacuum. Dust all stair railings, ledges, grilles fire apparatus and doors.17.5b Wet mops or scrub steps, risers and landings; clean glass surfaces and polish bright metal and woodwork. Spot clean walls to height of approximately seventy (70) inches.17.6 LOADING AREAS: (Including platforms and docks):17.6a. Sweep loading areas.17.6b. Wet mop or scrub.17.6c. Strip and seal all hard floor surfaces.17.7 PASSENGER ELEVATORS/SERVICE/FREIGHT/LIFTERS:17.7a Clean all surfaces in the interior of the car, including floor track, and polish bright metal surfaces. Clean exterior surfaces of all doors and frames. Damp mop and spray buff resilient floors.17.7a1 Dusting (Interior Elevator Surfaces): All vertical and horizontal surfaces shall be clean and free of dirt and dust.17.7c. All entrance rugs and elevator rugs shall be cleaned and shampooing.17.7d. Strip and apply coats of floor finish to all flooring17.8 RECEPTACLES:17.8a. All waste receptacles to include outside trashcans up to 20 feet from main entrances, shall be emptied, cleaned and relined. Trash shall be emptied to prevent the containers from overflowing. 17.9 DRINKING FOUNTAINS AND WATER COOLERS:17.9a. Cleaning Drinking Fountains: All fountains shall be free of dirt, watermarks, and all other debris or encrustation. Drinking fountains shall be sanitized and present a lustrous appearance. 17.10 EXTERIOR CLEANING (MOPC and POPC):17.10a Police entrances, landings, steps and sidewalks adjacent to entrances and receiving docks.17.11 STORAGE SPACE:17.11a Thoroughly sweep the full floor area.17.11b Damp mop the full floor area. 17.12 WINDOW WASHING EXTERIOR:17.12a Cleaning: Windows shall be clean and free of dirt, grime, streaks, and moisture and shall not be cloudy. Window sashes, sills, woodwork, and other surroundings of glass shall be wiped free of drippings and other watermarks. All exterior windows shall be cleaned twice a year. Cleanings of both sides of the windows shall be coordinated to maximize cost effective operations as directed by the COR. The contractor shall provide a window washing safety plan 30 days prior to the scheduled window washing date. 17.12b The Contractor is required to accomplish window washing work consistent with safety requirements promulgated by the Occupational Safety and Health Administration (OSHA). Adequate fall protection for window washers is required to be provided by the Contractor.17.13 WINDOWS, DOORS AND GLASS INTERIOR:17.13a. Clean inside glass window located in all areas. 17.13b. Wash all interior building windows, including spandrel glass, glass over, vestibule doors, and all plate glass around entrances, lobbies and vestibules.17.14 WINDOW BLINDS AND COVERINGS:17.14a All blinds and covering, cord tapes, and valances shall be clean and free of dust and spots. Blinds and covering that are not operating properly shall be reported to the COR for repair. 17.14b. Dust or vacuum all window blinds and coverings.17.14c Wash all window blinds and screens. Window blinds screen shall be returned and hung within same working day. Clean cords and tapes.17.14d Drapes and valances are to be maintained free of dust. Drapes dry cleaning is not required as part of this contract. 17.15 HIGH CLEANING:17.15a. Clean all surfaces and objects in the building including but not limited to wall and ceiling areas, ventilating and air conditioning outlets, transoms, clocks, ceiling moldings, tops of partitions, overhead pipes, wall fans, pictures, plaques, wall or ceiling diffusers, file cases, bookcases, lockers, etc. Damp wipe and dry high surfaces such as transoms, clock glass, picture frames and glass, smudges areas surroundings air grilles, diffusers, etc. Vacuum drapes in place.17.16 HARD FLOOR MAINTENANCE:17.16a. In the first ninety (90) days of the initial contract period and any option period strip and seal all hard floor such as, wood, brick, terrazzo, marble, ceramic tile cement, etc.17.16a1 Floors shall be sealed with a penetrating seal, which fills the pores of the matrix and becomes a bonded, integral part of the surface. Surfaces shall be slip-resistant. Strip and apply coats of floor finish to all resilient floors.17.17 FLOOR MATS:17.17a The Government shall f furnish all mats and runners.17. 17a1 Mats and runner shall be laid out in main entrances, main lobbies, entrance ways and at all times during inclement weather. The use of larger mats and runners, where appropriate; is preferred to eliminate overlapping and to reduce potential tripping hazards. Inclement weather mats and runners shall be removed, cleaned and store when no longer required.17.18 MISCELLANEOUS REQUIREMENTS:17.18a Lights shall be used only in areas where and at the time work is being performed.17.18b The workers shall not adjust mechanical equipment controls for heating, ventilation, and air conditioning systems.17.18c Water faucet or valves shall be turned off after the required usage has been completed.17.18d The Contractor shall turn off lights in unoccupied areas where possible, once the area is cleaned, windows shall be closed.17.18e The contractor shall organize and train employees to participate in building fire and civil defense drills. Employees shall follow applicable facility policies concerning fire/disaster programs.17.18f Report fires, hazardous conditions, and items in need of repair to the Contracting Officer’s Technical Representative.17.18g Lock rooms in security areas after cleaning and return keys to designated Office. All rooms found lock are to be re-locked upon completion of duties.17.18h Turn in lost and found articles. 17.18i Assign sufficient day time staffing to be responsive to complaints related to cleaning.17.18j Notify the Security Officer on duty when an unauthorized or suspicious person is seen on the premises.17.18k Display approved warning signs in all areas where operation may cause traffic obstruction or personnel hazard. Pick them up immediately after completing task and store in designated areas.17.18l Workers shall interrupt their work to allow passage of patients, personnel, equipment or carts to avoid interference with patient care procedures and normal functions of the facility. 17.18m The Contractor shall use their equipment in an efficient manner by turning it off when is not in use.17.18nThe Contractor shall never turn off or unplug Government equipment in the area being clean. 17.18o Store mops, brooms, electrical cords, machines, safety signs, etc in designated areas at all times. 18. CLEANING PERFORMANCE STANDARDS:18.1 These standards describe the level of cleaning which will be considered the norm when a room is inspected during Government Quality Assurance established methods.18.2 FLOORS: Clean, free of dust, lint, stains and spills; no floor finish build-up or accumulation of soil in corners and edges; free of heel and scuff marks; free of discolored floor finish; high luster. Floors under beds and other furniture free of dust, lint and soil. 18.2 a STRIP AND FINISHING: The old finish or wax shall be removed and new sealant applied in accordance with standard commercial practices. Spots shall be eliminated. There shall be no evidence of gum, rust, burns, or scuffmarks, or wax build-up in corners or crevices. 18.2 b SEALING: Sealant must adhere to the floor. Floor areas must be evenly coated with a slip resistant seal.18.3 CARPET: Free of dust, litter, spots, and stains. Along edges and under furniture, free of dust and soil. 18.4 BASEBOARDS: Baseboards include vinyl or plastic baseboards, painted coved surfaces, terrazzo cove base, and all other forms at the edges of floors. Clean and clear, free of dust, build-up, no mop marks, no accumulation of lint and/or soil in corners; both horizontal and vertical surfaces.18.5 HORIZONTAL SURFACES: Free of dust and lint (TV tops, picture frames, ledges, etc).18.6?MIRRORS – Clean, free of spots and streaks; frame top and edges free of dust and lint; shelf clean, free of spots and streaks.18.7?CHAIRS – Clean, free of lint and dust.18.8?TELEVISION SETS – Clean, free of dust and lint; shelf clean, free of dust and lint.18.9 WALLS – Clean, no lint; cobwebs, paint intact; free of finger marks and stains.18.10? DOORS – Clean, free of marks; finish intact; kick plate clean and shiny; top is free of dust and lint; edges are clean; handle or knob is clear and clean; hinge facing and door frame are clean; door vent is clean and free of dust and lint; window frame is clean and free of dust and lint (inside and outside).18.11 CEILING AND RELATED STRUCTURES– Clean, free of dust and spots, cobwebs and lint. 18.12?LIGHTS – Dust-free, insect-free, no stains.18.13?VENTS– Clean and free of dust, fingerprints, marks, stains and spider webs.18.14 WINDOWS – Clear and clean, not in need of immediate washing; frame clean; glazing intact. Horizontal surfaces free of dust, lint and soil. Window wells free of ashes, pollen dirt and soil. Screens free of dust (if screens are accessible). Interior window opening: free of cobwebs.18.15 WINDOW DRAPES – Free of lint, visible soil, dust (when shaken) and free of wrinkles and stains; properly hung on tracks. 18.16 CUBICLE CURTAINS: Free of visible soil, dust (when shaken) wrinkles and all grommets on hooks. 18.17 TRASH CANS: Clean inside and out, free of soil and spills, emptied to prevent the containers from overflowing, liner in place. Plastic liners for all trash containers shall not be torn, worn, or contain residue.18.18?TELEPHONES – Clean, free of dust and lint; receiver, mouthpiece and dial free of dust and lint.18.19?DRINKING FOUNTAINS – Stainless steel free of spots and streaks.19.20 SINKS AND RELATED STRUCTURES – Clean inside, outside and underneath. Free of soap, spots, streaks and hard water scum and dust. Faucets and area at the juncture of the faucet with the sink free of alkali build-up. Pipes under the sink, free of dust and soil. Underneath surface of sink, free of drips and soil.18.21 DISPENSERS – Clean, free of splattered soil, soap scum, dust and lint top and underneath, free of spots and streaks; supplies replenished. 18.22 PARTITIONS – Free of soil and shiny, having been wiped and dried. Tops free of dust.18.23 TOILETS AND URINALS – The bowl portion is clean inside and outside. Free of soil, stains, streaks or residue; toilet seat clean, free of spots, stains or streaks; plumbing fixtures clean, free of dust, spots and streaks; plumbing connections to toilet free of alkali buildup and dirt; base of toilet free of soil build-up and stains. Urinal drain area is free of litter. 18.24 SHOWERS AND BATHUBS – Walls clean, free of soil build-up on caulking, free of soap scum. Shower curtains are free of hard water/soap scum and mildew: all grommets are on hooks. Fixtures free of spots and streaks. Soap or wells are free of accumulation of "melted" soap/dirt. Floors are free of hard water/soap scum and stains.18.25 RESTROOM/SHOWER ROOMS – Air is free of odors indicative of inadequate cleaning. 18.26 RESTROOM/ SHOWER FLOORS – Free of soil, dust, litter and spills, grout is free of soil and mildew.18.27 WALL MOUNTED FANS – Free of soil, lint and cobwebs; clean.18.28 ASTRAYS/RECEPTACLES – Ash receptacles shall be emptied and kept clean, odor-free, and free of dirt, dust, ash, cigarette butts, debris, residue, and spilled material. 18.29 STAIRS – Dust-free and clean; handrails cleaned. Grillwork and supporting structure is free of dust and soil. That vertical surface on the outside edge of the stairs below the railings is free of dust and soil. Stairs, steps, including corners, are free of dust, soil and spills. Risers are free of black marks. Handrails are free of smudges and soil. 18.30 ELEVATORS/LIFTERS: Metal shined; floors cleaned and litter-free; tracks, buttons and vents clean. Ceiling panels are free of dust. Walls and doors are free of soil, smudges and oil film. Floor meets standards described above for FLOORS. Runners are free of debris and soil.18.31 ENTRY WAYS: Glass surfaces are free of soil and smudges. Walls, floors and ceiling meet their standards as specified in this section.18.32 HOUSEKEEPING AID CLOSETS – Orderly; sink clean; floors and walls clean; equipment clean; door locked; no boxes on floors; no storage within 18” of ceiling; no personal items. Floors are free of soil and debris from dust mopping. Only authorized cleaning supplies are present. Cleaning schedule is posted (signed and dated). 18.33?HOUSEKEEPING CART – Clean; locks intact; chemicals labeled and locked when not in use.18.34?EQUIPMENT – Clean, polished, stored properly.? Filters, brushes and batteries: checked and serviced properly; cords and hardware tight and intact.18.35 WALL ACCESSORIES: (Handrails, corner guard, fire call boxes, fire extinguisher, bulletin boards, pictures, and similar items found on walls.) Free of dust, lint, build-up of soil from fingers and hands, scuffs and smudges.STAINLESS STEEL, CORNER PLATES etc. – Clean, shiny; no smudges.18.37 ARTIFICIAL PLANTS AND FLOWERS: Free of dust and foreign materials. Plants, plant containers are to present a clean appearance. 18.38 FURNITURE: Clean and polished; frames and cushions clean. Free of dust, lint, soil, spills and stains. 18.39 CONSOLE UNITS – Countertop, shelves and facings clean and free of dust and spots; no accumulation of soil in corners; stainless steel sink and plumbing fixtures clean and free of spots and streaks. 18.40?COUNTERTOPS – Clean, free of dust, stains and finger marks.18.41 POLICING SERVICES: The periodic inspection of an area at either scheduled or unscheduled internals followed by providing any needed supplemental cleaning services to maintain that area in a clean and attractive manner. Policing is a task that supplements routine services performed in an area.18.42 Procedure for the proper and safe cleaning of contaminated rooms with C-Diff. The cleaning and disinfection is a two-step cleaning process. Step 1: Use a detergent to clean. The detergent removes heavy soil and organic material and will the disinfectant to have the maximum effect. Step 2: Use a high level disinfectant to inactivate microorganisms. The disinfectant will kill the microorganisms and its spores. Disinfectant and detergents shall be currently EPA registered.19. PERFORMANCE REQUIREMENT SUMMARY (PRS): The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.PWS PARA.PERFORMANCE OBJECTIVEPERFORMANCE TRESHOLD17.1Toilet Rooms: All areas shall be clean to meet the quality standard specified in this PWS.All restrooms meet the 95% standard.17.2Room Cleaning: All areas shall be clean to meet the quality standard specified in this PWS.All rooms meet the 95% standard.17.3Main Entrances: All areas shall be clean to meet the quality standard specified in this PWS.Not to exceed 2 unsatisfactory inspections per month17.4Secondary Entrances: All areas shall be clean to meet the quality standard specified in this PWS.Not to exceed 2 unsatisfactory inspections per month17.5Stairways: All areas shall be clean to meet the quality standard specified in this PWS.All stairs meet the 90% standard.17.6Loading Areas: All areas shall be clean to meet the quality standard specified in this PWS.No unsatisfactory inspections17.7Elevators: All areas shall be clean to meet the quality standard specified in this PWS.All elevators meet the 95% standard.17.8 Receptacles: All areas shall be clean to meet the quality standard specified in this PWS.All receptacles meet the 85% standard.17.9Drinking Fountains: All areas shall be clean to meet the quality standard specified in this PWS.No unsatisfactory inspections17.10Exterior Cleaning: All areas shall be clean to meet the quality standard specified in this PWS.Not to exceed 1 unsatisfactory inspections per month17.11Storage Spaces: All areas shall be clean to meet the quality standard specified in this PWS.Not to exceed 1 unsatisfactory monthly inspection17.12Windows Exterior: All areas shall be clean to meet the quality standard specified in this PWS.90% of all exterior window areas without customer complaints for the reporting period.17.13Windows, Doors & Glass: All areas shall be clean to meet the quality standard specified in this PWS.90% of all exterior window doors & glass surfaces without customer complaints for the reporting period.17.14Window Blinds and coverings: All areas shall be clean to meet the quality standard specified in this PWS.All window Blinds and coverings meet the 95% standard.17.15High Cleaning: All areas shall be clean to meet the quality standard specified in this PWS.High cleaning areas meet the 95% standard.17.16Hard Floor Maintenance: All areas shall be clean to meet the quality standard specified in this PWS.Not to exceed 1 unsatisfactory monthly inspection17.17Floor Mats: All areas shall be clean to meet the quality standard specified in this PWS.No unsatisfactory inspections17.18Miscellaneous Requirements: All areas shall be clean to meet the quality standard specified in this PWS.100% of miscellaneous requirements without customer complaints for the reporting period.20. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):20.1 A Quality Assurance Surveillance Plan is designed to provide an effective surveillance method of monitoring and evaluating the Contractor performance. Upon contract award and prior to the issuance of the Notice to Proceed; the COR, with the assistance of the CO will establish a complete Quality Assurance Surveillance Plan (QASP) to ensure that the requirements of this contract are being met by the Contractor.20.2 The objective of the QASP is to reduce the risk to both the Government and the Contractor when problems arise, and provide a disciplined process for evaluating the Contractor’s performance in order to determine conformity with the requirements of the contract. The systems also help ensure that contract awards and deductions are executed in accordance with the contract requirements. 20.3 Performance based contracting methods are intended to ensure that the required performance quality levels are achieved and that the total payment is related to the degree that services performed or outcomes achieved meet contract standards. The COR periodically validates the execution of the Contractors' quality control programs by reviewing such areas as the Contractors' inspection forms, service call logs, and the timeliness of corrective actions.20.4 Roles and Responsibilities of the VA Caribbean Healthcare System (VACHS): The Contracting Officer’s Representative (COR) or their designated alternate COR, will serve as the Contracting Officer’s (CO) on site representative to ensure that the Contractor is meeting the quality expectations of the contract. For locations where the COR is not located at the building, the on-site VA representative should keep the COR informed on the level of service.The CO will have the overall responsibility of overseeing the Contractor’s performance in the areas of contract compliance, contract administration, reviewing the COR assessment of the Contractor’s performance; and resolving all issues between the Contractor and the COR. The CO will be the final authority for approval, disputes, negotiations, modifications, compliance, and enforcement of the contract. When administrative responsibility is not clearly spelled out in the contract, program/functional area personnel should coordinate with the CO to assure that roles are clearly defined and understood, that contract obligations will be satisfactorily performed.The quality assurance process: Shall not interfere with the Contractor’s process.Evaluates the results against the standard, not the process.Focuses on quality, quantity, and timeliness. Fosters effective communications and management controlsMethods of Surveillance: The method of surveillance is based on the performance criteria of the contract terms and specifications. Each requirement will describe the tasks to be performed and the standard for successful performance. The Government intends to monitor and evaluate the Contractor’s performance based on any or all of the following surveillance methods:Periodic Surveillance Inspections: This method consists of selected surveillance tasks by the Government that do not require 100% inspection, or are performed on a random basis to determine if the level of performance is acceptable. The COR will evaluate the Contractor reports, surveys, etc. on a weekly, biweekly, monthly or quarterly basis. Service Call Documentation and Work Orders requests: This method of surveillance will provide information to the COR such as, identification of the types of service calls received, the frequencies, the corrective action taken, the timeliness of completion and any other pertinent data. Environment of Care Rounds: This method consists of weekly rounds performed at scheduled contracted areas by a multidisciplinary group. Validated Customer Complaints: Alternative surveillance method used to assist in evaluating the level of performance. Customer Interviews: All customer concerns received through the COR will be documented and evaluated on a planned schedule developed by the COR. This method may help the COR focus on areas that may require further action form the CO.QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):PERFORMANCE OBJECTIVE (Task)PERFORMANCE STANDARDMONITORING METHODACCEPTABLE QUALITY LEVEL (AQL)INCENTIVEPositive / NegativeToilet Rooms SOW section 17.1a thru 17.1i and applicable Cleaning Performance Standards in SOW section 18Periodic Surveillance InspectionsEnvironment of Care roundsValidated Customer ComplaintsAll restrooms meet an average 95% of the cleaning requirements and quality standards. 95% represent a not to exceed ratio of 3 customer validated complaints per month.No more than 3 validated customer complaints per monthImmediate corrective action taken at no additional cost to the Government.Documented Past PerformanceRoom CleaningSOW section 17.2a thru 17.2w and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsEnvironment of Care roundsService Calls and Work OrdersAll the rooms meet an average 95% of the cleaning requirements and quality standards. 95% is considered to exist when the following conditions are met:The Patient Room areas shall have no unsatisfactory inspections.Valid customer complaints concerning response and execution of all service calls and work orders shall not exceed 10 per month.Monthly payment will be reduced by 1% if re-inspection is unsatisfactory.Immediate corrective action taken at no additional cost to the Government.Documented Past PerformanceMain EntrancesSOW section 17.3a thru 17.3j2 and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsThe exterior of the facility(s) shall have no more than 2 unsatisfactory inspections monthly.Monthly payment will be reduced by 0.5% if re-inspection is unsatisfactory. Secondary Entrances SOW section 17.4a thru 17.4j and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsThe exterior of the facility(s) shall have no more than 2 unsatisfactory inspections monthly.Monthly payment will be reduced by 0.5% if re-inspection is unsatisfactory. StairwaysSOW section 17.5a thru 17.5b and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsAll of the facility stairs meet an average 90% of the cleaning requirements and quality standards. 90% represent a not to exceed ratio of 4 customer validated complaints per month.Immediate corrective action taken at no additional cost to the Government.Loading AreasSOW section 17.6a thru 17.6c and applicable Cleaning Performance Standards in SOW s18Periodic Surveillance InspectionsThe loading areas shall have no unsatisfactory inspections.Immediate corrective action taken at no additional cost to the Government.ElevatorsSOW section 17.7a thru 17.7.d2 and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsAll of the interior of the elevators meet an average 95% of the cleaning requirements and quality standards.95% represent a not to exceed ratio of 4 customer validated complaints per monthImmediate corrective action taken at no additional cost to the Government.ReceptaclesSOW section 17.8a and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsValidated customer complaintsThe entire interior of the buildings, waste receptacles meet an average 85% of the cleaning requirements and quality standards.85% represent a not to exceed ratio of 4 customer validated complaints per monthImmediate corrective action taken at no additional cost to the Government.Documented Past Performance.Drinking FountainsSOW section 17.9a and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsThe drinking fountains shall have no unsatisfactory inspections.Immediate corrective action taken at no additional cost to the Government.Exterior CleaningSOW section 17.10a and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsThe exterior of the facility(s) shall have no more than 2 unsatisfactory inspections monthly.Monthly payment will be reduced by 0.5% if re-inspection is unsatisfactory.Storage SpacesSOW section 17.11a thru 17.11b and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsAll storage spaces shall have no more than 1 unsatisfactory inspection monthly.Immediate corrective action taken at no additional cost to the Government.Windows ExteriorSOW section 17.12a thru 17.12b and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance Inspections All exterior windows meet an average 90% of the cleaning requirements and quality standards. Contractor to re-perform within two (2) weeks of inspection. Payment withhold until re-performance and final acceptance by the Government. Documented Past performance.Windows, Doors & Glass InteriorSOW section 17.13a thru 17.13b and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsAll of the interior windows, doors and glass meet an average 90% of the cleaning requirements and quality standards. Immediate corrective action taken at no additional cost to the Government.Window Blinds and coveringsSOW section 17.14a thru 17.14b and applicable Cleaning Performance Standards in SOW s18.Periodic Surveillance InspectionsEnvironment of Care roundsAll of window blinds and coverings meet an average 95% of the cleaning requirements and quality standards.95% represent a not to exceed ratio of 4 customer validated complaints per month.Immediate corrective action taken at no additional cost to the Government.High CleaningSOW section 17.15a and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsEnvironment of Care roundsAll high cleaning meets an average 95% of the cleaning requirements and quality standards. 95% represent a not to exceed ratio of 4 customer validated complaints per month.Immediate corrective action taken at no additional cost to the Government.Documented Past Performance.Hard Floor MaintenanceSOW section 17.16a thru 17.16a1 and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance Inspections100% of floors shall have no more than one (1) unsatisfactory monthly inspection.15% Payment withhold of the total unsatisfactory SF until re-performance is completed and accepted by the Government.Floor MatsSOW section 17.17a thru 17.17a1 and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsThe floor mats shall have no unsatisfactory inspections.Immediate corrective action taken at no additional cost to the Government.17.18 Miscellaneous RequirementsSOW section 17.18a thru 17.18o and applicable Cleaning Performance Standards in SOW section 18.Periodic Surveillance InspectionsCustomer Interviews100% compliance with Miscellaneous requirements specificationDocumented Past Performance.21. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 21.1 GENERAL: In an effort to ensure that VA sensitive information, which includes Patient Health Information (PHI); is adequately protected, the contractor shall adhere and comply with applicable VA security regulations and policies.? Although, you as a Contractor do not need PHI from VA to perform contract requirements neither the VA needs to provide ?access to PHI in order for your company to provide Janitorial Services, the Contractor shall take necessary precautions to avoid the disclosure of ?PHI that might be seen while performing your duties. As a contractor of the Department of Veterans Affairs (VA), you are committed to safeguard the personal information that veterans and their families have entrusted to the Department.? Sensitive information/data is any data and/or information the Contractor may obtain or learn as a result of the performance of the resulting contract. Therefore, the same shall not be removed, transmitted, read, printed or shared to third parties. Sensitive information is all data.? Anything that; if disclosed, could cause emotional or physical harm to an individual or to the institution. ?Contractor is required to complete the annual General Privacy Awareness Training or VHA Privacy Training, as applicable and submit a copy of the certificate of completion to the Contracting Officer. Contractor personnel shall report any incident of misplaced and/or missing sensitive data/information to the Contracting Officer who will direct the case to the pertinent official’s. The Government may impose sanctions, up to and including the termination of the contract for violations to the applicable confidentiality and security statutes, policies and regulations.? Contractor may be subject to civil and criminal penalties due to failure of compliance.21.2 Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.21.3 Contractor Employees shall take all security and privacy trainings required to VA employees on an annual basis. Once trainings are completed contractor employees can be granted necessary access to the particular Government System.22. CONTRACTOR PAST PERFORMANCE: The FAR requires that agencies evaluate contractor performance for each contract in excess of the simplified acquisition threshold. The Government will use the Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both VA and the contractor.B.6 Price/Cost ScheduleItem InformationITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT0001BASE PERIOD FROM: OCTOBER 1, 2013 THRU SEPTEMBER 30, 2014Complete Janitorial Services at VACHS, MOPC and POPC 12.00MO____________________________________0002FIRST OPTION PERIOD FROM: OCTOBER 1, 2014 THRU SEPTEMBER 30, 2015Complete Janitorial Services at VACHS, MOPC and POPC 12.00MO____________________________________0003SECOND OPTION PERIOD FROM: OCTOBER 1, 2015 THRU SEPTEMBER 30, 2016Complete Janitorial Services at VACHS, MOPC and POPC 12.00MO____________________________________0004THIRD OPTION PERIOD FROM: OCTOBER 1, 2016 THRU SEPTEMBER 30, 2017Complete Janitorial Services at VACHS, MOPC and POPC 12.00MO____________________________________0005FOURTH OPTION PERIOD FROM: OCTOBER 1, 2017 THRU SEPTEMBER 30, 2018Complete Janitorial Services at VACHS, MOPC and POPC 12.00MO____________________________________GRAND TOTAL__________________B.7 Delivery ScheduleITEM NUMBERQUANTITYDELIVERY DATE000112.0009-30-2014000212.0009-30-2015000312.0009-30-2016000412.0009-30-2017000512.0009-30-2018SECTION C - CONTRACT CLAUSESC.1 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re performance of nonconforming services at no increase in contract price. If repair/replacement or re performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies(or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through or by calling 1-888-227-2423 or 269-961-5757.(End of Clause)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.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration date..(End of Clause)C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration date.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)C.4 52.219-17 SECTION 8(A) AWARD (DEC 1996) (a) By execution of a contract, the Small Business Administration (SBA) agrees to the following: (1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)). (2) Except for novation agreements and advance payments, delegates to the Department of Veterans Affairs the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity. (4) To notify the Department of Veterans Affairs Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract. (b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract. (c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Department of Veterans Affairs.(End of Clause)C.5 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (JUNE 2003) (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer - (1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (2) The will notify the Department of Veterans Affairs Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.(End of Clause)C.6 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.7 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.8 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(End of Clause)C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "Service-disabled veteran-owned small business concern": (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (). (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if-- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)C.12 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "Veteran-owned small business concern"-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; (ii) The management and daily business operations of which are controlled by one or more veterans; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (). (2) "Veteran" is defined in 38 U.S.C. 101(2). (b) General. (1) Offers are solicited only from veteran-owned small business concerns. All service-disabled veteran-owned small businesses are also determined to be veteran-owned small businesses if they meet the criteria identified in paragraph (a)(1) of this section. Offers received from concerns that are not veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a veteran-owned small business concern. (c) Agreement. A veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for-- (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible veteran-owned small business concerns; (2) Supplies (other than acquisition from a non-manufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible veteran-owned small business concerns. (d) A joint venture may be considered a veteran-owned small business concern if: (1) At least one member of the joint venture is a veteran-owned small business concern, and makes the following representations: That it is a veteran-owned small business concern, and that it is a small business concern under the NAICS code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation; and (4) The joint venture meets the requirements of 13 CFR 125.15(b), except that the principal company may be a veteran-owned small business concern or a service-disabled veteran-owned small business concern. (e) Any veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)C.13 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.14 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.15 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): (End of Clause)FAR NumberTitleDate52.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSJUL 201252.223-17AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTSMAY 2008FAR NumberTitleDate52.237-3CONTINUITY OF SERVICESJAN 1991(End of Addendum to 52.212-4)C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (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 (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). [X] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313). [] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (11) [Reserved] [X] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)). [] (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)). [] (24) 52.219–29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)). [] (25) 52.219–30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)). [X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). [X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 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.) [] (35)(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.) [X] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3. [] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [] (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (42) 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). [] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [X] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [] (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (51)(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. (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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).Employee ClassMonetary Wage-Fringe Benefits11122 Housekeeping Aide$7.79 + $3.8111150 Janitor$7.79 + $3.81 [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [X] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (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, 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JUL 2012) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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.17 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 EXHIBIT NO. 1 – DOL WAGE DETERMINATIONDEPARTMENT OF LABOR – WAGE DETERMINATION EXHIBITWD 05-2461 (Rev.-15) was first posted on on 06/25/2013*********************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2461Diane C. Koplewski Division of | Revision No.: 15Director Wage Determinations| Date Of Revision: 06/19/2013_______________________________________|_________________________________________State: Puerto RicoArea: Puerto Rico Statewide_________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 9.72 01012 - Accounting Clerk II 11.73 01013 - Accounting Clerk III 14.27 01020 - Administrative Assistant 13.07 01040 - Court Reporter 13.69 01051 - Data Entry Operator I 8.71 01052 - Data Entry Operator II 9.96 01060 - Dispatcher, Motor Vehicle 10.80 01070 - Document Preparation Clerk 10.32 01090 - Duplicating Machine Operator 10.32 01111 - General Clerk I 8.99 01112 - General Clerk II 9.81 01113 - General Clerk III 11.29 01120 - Housing Referral Assistant 13.48 01141 - Messenger Courier 8.26 01191 - Order Clerk I 9.94 01192 - Order Clerk II 10.85 01261 - Personnel Assistant (Employment) I 10.82 01262 - Personnel Assistant (Employment) II 12.10 01263 - Personnel Assistant (Employment) III 13.50 01270 - Production Control Clerk 14.78 01280 - Receptionist 7.99 01290 - Rental Clerk 8.04 01300 - Scheduler, Maintenance 9.05 01311 - Secretary I 9.05 01312 - Secretary II 10.34 01313 - Secretary III 13.48 01320 - Service Order Dispatcher 10.23 01410 - Supply Technician 13.32 01420 - Survey Worker 9.33 01531 - Travel Clerk I 11.37 01532 - Travel Clerk II 12.51 01533 - Travel Clerk III 13.79 01611 - Word Processor I 9.84 01612 - Word Processor II 11.05 01613 - Word Processor III 12.3605000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 13.01 05010 - Automotive Electrician 12.45 05040 - Automotive Glass Installer 11.87 05070 - Automotive Worker 11.87 05110 - Mobile Equipment Servicer 10.74 05130 - Motor Equipment Metal Mechanic 13.01 05160 - Motor Equipment Metal Worker 11.87 05190 - Motor Vehicle Mechanic 13.01 05220 - Motor Vehicle Mechanic Helper 10.14 05250 - Motor Vehicle Upholstery Worker 11.63 05280 - Motor Vehicle Wrecker 11.87 05310 - Painter, Automotive 13.70 05340 - Radiator Repair Specialist 11.87 05370 - Tire Repairer 9.43 05400 - Transmission Repair Specialist 13.0107000 - Food Preparation And Service Occupations 07010 - Baker 8.02 07041 - Cook I 7.31 07042 - Cook II 8.02 07070 - Dishwasher 7.25 07130 - Food Service Worker 7.58 07210 - Meat Cutter 8.20 07260 - Waiter/Waitress 7.2509000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 12.45 09040 - Furniture Handler 8.60 09080 - Furniture Refinisher 12.45 09090 - Furniture Refinisher Helper 10.14 09110 - Furniture Repairer, Minor 11.67 09130 - Upholsterer 12.4511000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 7.98 11060 - Elevator Operator 7.79 11090 - Gardener 7.79 11122 - Housekeeping Aide 7.79 11150 - Janitor 7.79 11210 - Laborer, Grounds Maintenance 7.67 11240 - Maid or Houseman 7.25 11260 - Pruner 9.75 11270 - Tractor Operator 9.15 11330 - Trail Maintenance Worker 7.67 11360 - Window Cleaner 8.3012000 - Health Occupations 12010 - Ambulance Driver 10.93 12011 - Breath Alcohol Technician 10.07 12012 - Certified Occupational Therapist Assistant 12.56 12015 - Certified Physical Therapist Assistant 9.05 12020 - Dental Assistant 10.93 12025 - Dental Hygienist 16.11 12030 - EKG Technician 11.22 12035 - Electroneurodiagnostic Technologist 11.22 12040 - Emergency Medical Technician 10.93 12071 - Licensed Practical Nurse I 9.07 12072 - Licensed Practical Nurse II 10.14 12073 - Licensed Practical Nurse III 11.93 12100 - Medical Assistant 11.83 12130 - Medical Laboratory Technician 10.75 12160 - Medical Record Clerk 10.61 12190 - Medical Record Technician 14.10 12195 - Medical Transcriptionist 10.82 12210 - Nuclear Medicine Technologist 16.93 12221 - Nursing Assistant I 7.86 12222 - Nursing Assistant II 8.84 12223 - Nursing Assistant III 9.64 12224 - Nursing Assistant IV 10.82 12235 - Optical Dispenser 10.16 12236 - Optical Technician 10.16 12250 - Pharmacy Technician 13.41 12280 - Phlebotomist 10.82 12305 - Radiologic Technologist 11.81 12311 - Registered Nurse I 13.59 12312 - Registered Nurse II 16.62 12313 - Registered Nurse II, Specialist 16.62 12314 - Registered Nurse III 20.11 12315 - Registered Nurse III, Anesthetist 20.11 12316 - Registered Nurse IV 24.10 12317 - Scheduler (Drug and Alcohol Testing) 12.5713000 - Information And Arts Occupations 13011 - Exhibits Specialist I 12.32 13012 - Exhibits Specialist II 14.97 13013 - Exhibits Specialist III 18.31 13041 - Illustrator I 13.55 13042 - Illustrator II 15.85 13043 - Illustrator III 19.07 13047 - Librarian 16.59 13050 - Library Aide/Clerk 9.78 13054 - Library Information Technology Systems 13.61 Administrator 13058 - Library Technician 10.27 13061 - Media Specialist I 10.97 13062 - Media Specialist II 12.28 13063 - Media Specialist III 13.69 13071 - Photographer I 13.83 13072 - Photographer II 15.67 13073 - Photographer III 17.78 13074 - Photographer IV 23.75 13075 - Photographer V 27.73 13110 - Video Teleconference Technician 11.2514000 - Information Technology Occupations 14041 - Computer Operator I 10.09 14042 - Computer Operator II 11.29 14043 - Computer Operator III 13.95 14044 - Computer Operator IV 18.82 14045 - Computer Operator V 20.84 14071 - Computer Programmer I 16.35 14072 - Computer Programmer II 20.85 14073 - Computer Programmer III 24.85 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I 23.61 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 10.09 14160 - Personal Computer Support Technician 19.6615000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 25.61 15020 - Aircrew Training Devices Instructor (Rated) 28.56 15030 - Air Crew Training Devices Instructor (Pilot) 34.23 15050 - Computer Based Training Specialist / Instructor 24.52 15060 - Educational Technologist 22.64 15070 - Flight Instructor (Pilot) 34.23 15080 - Graphic Artist 16.96 15090 - Technical Instructor 14.07 15095 - Technical Instructor/Course Developer 19.06 15110 - Test Proctor 11.36 15120 - Tutor 11.3616000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.81 16030 - Counter Attendant 8.81 16040 - Dry Cleaner 9.70 16070 - Finisher, Flatwork, Machine 8.81 16090 - Presser, Hand 8.81 16110 - Presser, Machine, Drycleaning 8.81 16130 - Presser, Machine, Shirts 8.81 16160 - Presser, Machine, Wearing Apparel, Laundry 8.81 16190 - Sewing Machine Operator 10.01 16220 - Tailor 10.29 16250 - Washer, Machine 9.1119000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 11.73 19040 - Tool And Die Maker 13.4921000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 9.66 21030 - Material Coordinator 14.78 21040 - Material Expediter 14.78 21050 - Material Handling Laborer 8.81 21071 - Order Filler 8.26 21080 - Production Line Worker (Food Processing) 9.66 21110 - Shipping Packer 10.31 21130 - Shipping/Receiving Clerk 10.31 21140 - Store Worker I 8.05 21150 - Stock Clerk 10.92 21210 - Tools And Parts Attendant 9.66 21410 - Warehouse Specialist 9.6623000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 26.62 23021 - Aircraft Mechanic I 25.33 23022 - Aircraft Mechanic II 26.62 23023 - Aircraft Mechanic III 27.73 23040 - Aircraft Mechanic Helper 19.67 23050 - Aircraft, Painter 19.10 23060 - Aircraft Servicer 22.57 23080 - Aircraft Worker 23.04 23110 - Appliance Mechanic 14.17 23120 - Bicycle Repairer 9.43 23125 - Cable Splicer 16.87 23130 - Carpenter, Maintenance 12.45 23140 - Carpet Layer 12.30 23160 - Electrician, Maintenance 11.94 23181 - Electronics Technician Maintenance I 13.28 23182 - Electronics Technician Maintenance II 14.32 23183 - Electronics Technician Maintenance III 15.03 23260 - Fabric Worker 12.56 23290 - Fire Alarm System Mechanic 13.66 23310 - Fire Extinguisher Repairer 12.03 23311 - Fuel Distribution System Mechanic 14.78 23312 - Fuel Distribution System Operator 12.12 23370 - General Maintenance Worker 11.88 23380 - Ground Support Equipment Mechanic 25.33 23381 - Ground Support Equipment Servicer 22.57 23382 - Ground Support Equipment Worker 23.04 23391 - Gunsmith I 11.08 23392 - Gunsmith II 12.30 23393 - Gunsmith III 13.66 23410 - Heating, Ventilation And Air-Conditioning 13.01 Mechanic 23411 - Heating, Ventilation And Air Contditioning 13.66 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 13.01 23440 - Heavy Equipment Operator 13.01 23460 - Instrument Mechanic 16.42 23465 - Laboratory/Shelter Mechanic 13.00 23470 - Laborer 8.81 23510 - Locksmith 11.48 23530 - Machinery Maintenance Mechanic 14.62 23550 - Machinist, Maintenance 12.56 23580 - Maintenance Trades Helper 9.63 23591 - Metrology Technician I 16.42 23592 - Metrology Technician II 17.26 23593 - Metrology Technician III 17.98 23640 - Millwright 18.02 23710 - Office Appliance Repairer 12.34 23760 - Painter, Maintenance 12.45 23790 - Pipefitter, Maintenance 13.01 23810 - Plumber, Maintenance 12.45 23820 - Pneudraulic Systems Mechanic 13.66 23850 - Rigger 14.18 23870 - Scale Mechanic 13.35 23890 - Sheet-Metal Worker, Maintenance 13.01 23910 - Small Engine Mechanic 12.58 23931 - Telecommunications Mechanic I 16.40 23932 - Telecommunications Mechanic II 17.14 23950 - Telephone Lineman 16.14 23960 - Welder, Combination, Maintenance 13.01 23965 - Well Driller 13.07 23970 - Woodcraft Worker 13.66 23980 - Woodworker 10.7424000 - Personal Needs Occupations 24570 - Child Care Attendant 8.86 24580 - Child Care Center Clerk 10.61 24610 - Chore Aide 7.25 24620 - Family Readiness And Support Services 10.24 Coordinator 24630 - Homemaker 11.8325000 - Plant And System Operations Occupations 25010 - Boiler Tender 17.26 25040 - Sewage Plant Operator 13.50 25070 - Stationary Engineer 17.26 25190 - Ventilation Equipment Tender 10.95 25210 - Water Treatment Plant Operator 12.5627000 - Protective Service Occupations 27004 - Alarm Monitor 8.47 27007 - Baggage Inspector 7.62 27008 - Corrections Officer 11.65 27010 - Court Security Officer 11.89 27030 - Detection Dog Handler 8.52 27040 - Detention Officer 11.65 27070 - Firefighter 11.12 27101 - Guard I 7.62 27102 - Guard II 8.52 27131 - Police Officer I 12.95 27132 - Police Officer II 14.3828000 - Recreation Occupations 28041 - Carnival Equipment Operator 8.15 28042 - Carnival Equipment Repairer 8.57 28043 - Carnival Equpment Worker 7.63 28210 - Gate Attendant/Gate Tender 12.73 28310 - Lifeguard 10.54 28350 - Park Attendant (Aide) 14.24 28510 - Recreation Aide/Health Facility Attendant 8.86 28515 - Recreation Specialist 13.00 28630 - Sports Official 11.10 28690 - Swimming Pool Operator 12.0729000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 13.18 29020 - Hatch Tender 13.18 29030 - Line Handler 13.18 29041 - Stevedore I 11.23 29042 - Stevedore II 13.3630000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 12.51 30022 - Archeological Technician II 12.83 30023 - Archeological Technician III 17.33 30030 - Cartographic Technician 17.33 30040 - Civil Engineering Technician 14.98 30061 - Drafter/CAD Operator I 12.51 30062 - Drafter/CAD Operator II 14.09 30063 - Drafter/CAD Operator III 15.60 30064 - Drafter/CAD Operator IV 19.20 30081 - Engineering Technician I 13.01 30082 - Engineering Technician II 14.62 30083 - Engineering Technician III 16.34 30084 - Engineering Technician IV 20.24 30085 - Engineering Technician V 24.76 30086 - Engineering Technician VI 30.37 30090 - Environmental Technician 14.81 30210 - Laboratory Technician 15.91 30240 - Mathematical Technician 17.33 30361 - Paralegal/Legal Assistant I 13.40 30362 - Paralegal/Legal Assistant II 16.60 30363 - Paralegal/Legal Assistant III 20.31 30364 - Paralegal/Legal Assistant IV 24.57 30390 - Photo-Optics Technician 18.24 30461 - Technical Writer I 17.95 30462 - Technical Writer II 21.69 30463 - Technical Writer III 25.29 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 15.60 Surface Programs 30621 - Weather Observer, Senior (see 2) 17.3331000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 7.72 31030 - Bus Driver 10.47 31043 - Driver Courier 7.44 31260 - Parking and Lot Attendant 7.25 31290 - Shuttle Bus Driver 8.04 31310 - Taxi Driver 9.08 31361 - Truckdriver, Light 8.04 31362 - Truckdriver, Medium 9.96 31363 - Truckdriver, Heavy 10.57 31364 - Truckdriver, Tractor-Trailer 10.5799000 - Miscellaneous Occupations 99030 - Cashier 7.25 99050 - Desk Clerk 7.68 99095 - Embalmer 21.06 99251 - Laboratory Animal Caretaker I 8.45 99252 - Laboratory Animal Caretaker II 8.37 99310 - Mortician 21.06 99410 - Pest Controller 10.20 99510 - Photofinishing Worker 10.85 99710 - Recycling Laborer 8.72 99711 - Recycling Specialist 10.40 99730 - Refuse Collector 7.88 99810 - Sales Clerk 8.09 99820 - School Crossing Guard 13.81 99830 - Survey Party Chief 11.06 99831 - Surveying Aide 9.24 99832 - Surveying Technician 10.06 99840 - Vending Machine Attendant 9.21 99841 - Vending Machine Repairer 10.22 99842 - Vending Machine Repairer Helper 10.04____________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per monthVACATION: 3 weeks paid vacation after 1 year of service with a contractor orsuccessor; and 4 weeks after 15 years. Length of service includes the whole span ofcontinuous service with the present contractor or successor, wherever employed, andwith the predecessor contractors in the performance of similar work at the sameFederal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday off with pay in accordance with a plan communicated to the employees involved.)(See 29 CFR 4.174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination doesnot apply to any employee who individually qualifies as a bona fide executive,administrative, or professional employee as defined in 29 C.F.R. Part 541. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations for which this wage determination does not specify an SCA wage rate,then the wage rate for that employee must be conformed in accordance with theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium of 25% of your basic rate for each hour of Sunday work which is not overtime(i.e. occasional work on Sunday outside the normal tour of duty is consideredovertime work).HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading and cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, explosives, and incendiary material differential pay.** UNIFORM ALLOWANCE **If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs. ** NOTES APPLYING TO THIS WAGE DETERMINATION **Under the policy and guidance contained in All Agency Memorandum No. 159, the Wageand Hour Division does not recognize, for section 4(c) purposes, prospective wagerates and fringe benefit provisions that are effective only upon such contingenciesas "approval of Wage and Hour, issuance of a wage determination, incorporation ofthe wage determination in the contract, adjusting the contract price, etc." (Therelevant CBA section) in the collective bargaining agreement between (the parties)contains contingency language that Wage and Hour does not recognize as reflecting"arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a)of the regulations. This wage determination therefore reflects the actual CBA wagerates and fringe benefits paid under the predecessor contract.The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,unless otherwise indicated. Copies of the Directory are available on the Internet. Alinks to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL) Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. Such conforming process shall be initiated bythe contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}When multiple wage determinations are included in a contract, a separate SF 1444should be prepared for each wage determination to which a class(es) is to beconformed.The process for preparing a conformance request is as follows:1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderproposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the Wageand Hour Division, Employment Standards Administration, U.S. Department of Labor,for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour decision to the contractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bond paper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination.D.2 EXHIBIT NO. 2 – APPLICABLE PUBLICATIONSAPPLICABLE PUBLICATIONS EXHIBITThis section is applicable to all work covered by this contract. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. The Contractor shall comply with all applicable Federal, state and local laws, regulations and codes, including any supplements or revisions. The following list includes, but is not limited to, those publications required by this contract. The Contractor shall obtain all applicable licenses and permits. If a change in law and regulation requires the Contractor to implement an action that will result in an increase or decrease in Contract price, the Contractor shall implement the required action and within 30 calendar days submit to the CO a price proposal for such change. If the CO determines an equitable adjustment is substantiated a modification to the Contract will be issued.Occupational Safety and Health Administration (OSHA): General Industry Safety and Health Standards (29 CFR 1910).Environmental Protection Agency (EPA): National Emission Standards for Hazardous Air Pollutants (40 CFR 61); Hazardous Waste Management (40 CFR 260-270, 302, 355, 370); Asbestos (40 CFR 763). Federal Standard (Fed. Std.) 313C Material Safety Data Sheets.State and local occupational safety and health regulations, where applicable.Department of Labor Regulations 29 CFR 1910.1030 (Occupational Exposure to Blood borne Pathogens)Hazardous Materials/Substances: Refer to hazardous and toxic materials substances included in Subparts H and Z of 29 CFR 1910, and Subparts A through D of 40 CFR 261. Executive Order 13423; Strengthening Federal Environmental, Energy and Transportation Management and all implementing guidance documents.Protection of the Environment; 40CFR (Applicable sections of chapter I)HIPAA; Pub.L. 104-191, 110 Stat. 1936, enacted August 21, 1996)VA Directive 6500, Appendix GVA Handbook 6500.6, Appendix DPuerto Rico Department of Health, Administrative Order 288VA center Memorandum No. 00-13-99D.3 EXHIBIT NO. 3– REPORTING REQUIREMENTSREPORTING REQUIREMENTS/SUBMITTALS EXHIBITThe Contractor shall be required to submit the following requirements/submittal for approval at times specified in the contract, which are considered critical to the successful completion of all contractual requirements. ITEMSDUE DATEAPPROVED BYInsurance Certificate10 workdays after awardCOKey Personnel Resumes15 workdays prior to employee startCORQuality Control Plan10 workdays after awardCORGreen Cleaning Plan5 workdays before start dateCORSecurity Clearances (PIV & Background)5 workdays prior to employee startCOREmployees List5 workdays prior to employee startCORList of Names and Phone Nos. of On-site Supervisors 5 workdays before start dateCORWritten Notice of Designation of Contractor’s Representative 5 workdays before start dateCORProducts List/Material Safety Data Sheets (MSDS)10 workdays prior to contract start date.Prior to use of new productsCORList of Environmental Preferable Equipment 10 working days after contract awardCOREquipment Electrical Certification 10 working days after contract awardCORInventory List of Environmental Preferable Products and Supplies10 working days after contract awardCORRecycled Content Product Certification 10 working days after initial inspectionCORWork Schedule (operation plan) 10 workdays prior to contract start date.CORCleaning Schedule (Daily)15 calendar days prior to contract start and updated as necessaryCORRoutine cleaning schedule10 workdays prior to contract start date.CORFloor Maintenance Schedule 10 workdays prior to contract start date.CORWindow Cleaning Schedule 10 workdays prior to contract start date.CORWindow Washing Safety Plan30 days prior to scheduled workCORList of subcontractors and services to be provided15 calendar days prior to contract start and updated as necessaryCORContract Employee Health Certificate5 workdays before start dateCORContract Employee Annual TST5 workdays before start dateCORContract Employee Hepatitis Vaccine Certification5 workdays before start dateCORContract Employee Chicken Pox Vaccination Certification5 workdays before start dateCORContract Employee Respirator Medical Surveillance fit testingAvailable upon requestCORContract Employees training certification (Technical & VA mandatory)10 working days after contract award and yearly thereafterCORSystem Security & Rules of Behavior10 working days after contract award and yearly thereafterCORContract Employees Competency Certificate5 workdays before start dateCOREmergency Preparedness Program 10 working days after contract award and yearly thereafterCORRecord of Time of Arrival and Departure from Building Available upon requestN/AD.4 EXHIBIT NO. 4 – PAST PERFORMANCE QUESTIONNAIREPAST PERFORMANCE SURVEYRFP NUMBER: VA248P-13-R-2430TITLE: JANITORIAL SERVICES AT VACHS, SBT, MOPC & POPCSECTION I: OFFERORS SHALL COMPLETE requested information, and in turn, provide the questionnaire to the appropriate Respondent for each source of Past Performance Information mentioned in its Offer. The Respondent must have significant familiarity with the selected contract or subcontract, in order to provide informed answers and comments about various aspects of the past performance. NAME OF OFFEROR _____________________________________________________NAME OF PAST PERFORMANCE SOURCE _____________________________________CONTRACT NUMBER & PERIOD OF PERFORMANCE _____________________________CONTRACT AMOUNT_________________________DESCRIPTION OF SERVICE __________________________________________________________________________________________________________________________SECTION II: RESPONDENT(S) SHALL COMPLETE the requested information concerning the past performance of the above named Offeror relative to the contract effort stated. Respondent may return the completed form directly to the requesting Offeror to be included along with its response to the VA RFP, or in the alternative, may return the completed form directly to the VA Contracting Official noted in Section III by the date and time which Offeror responses are due. NAME OF RESPONDENT _________________________________________________COMPANY NAME OR GOVERNMENT AGENCY_________________________________TITLE/POSITION ________________________________________________________SIGNATURE ____________________________________________________________TELEPHONE NUMBER & E-MAIL____________________________________________(A) QUALITY OF SERVICE1. Did the contractor comply with all contract requirements? Yes___ No___Comments: ______________________________________________________________ 2. With regard to timeliness of performance, were turnaround times of the contract met (i.e. completion of administrative requirements, reports, task orders, milestones, production, and delivery requirements? Yes ___ No___Comments: ______________________________________________________________3. Was the contractor's work found to be accurate and technically/clinically excellent? Yes___ No____Comments: ______________________________________________________________4. How would you rate the quality of the contractor's end products furnished under this contract? Excellent _____Good ___Fair ____Poor ____UnsatisfactoryComments: ______________________________________________________________________________________________________________________________________5. Did the contractor have an effective Quality Control Plan? Excellent _____Good ___Fair ____Poor ____UnsatisfactoryComments: ______________________________________________________________________________________________________________________________________6. Did the contractor respond to service calls in a timely manner? Excellent _____Good ___Fair ____Poor ____UnsatisfactoryComments: ______________________________________________________________________________________________________________________________________7. How would you rate the quality of the contractor's customer service furnished under this contract? Excellent _____Good ___Fair ____Poor ____UnsatisfactoryComments: ______________________________________________________________________________________________________________________________________(B) BUSINESS RELATIONS8. Was contract Management efficient and responsive?___Always ___Most of the time ___Sometimes ___Never9. Did the contractor exhibit effective communication(s)?___Always ___Most of the time ___Sometimes ___Never10. Did the contractor demonstrate a reasonable and cooperative behavior?___Always ___Most of the time ___Sometimes ___Never11. Did the contractor negotiate in good faith when modifications were made?___Always ___Most of the time ___Sometimes ___Never12. Did the contractor recommend effective solutions to problems?___Always ___Most of the time ___Sometimes ___Never13. Did the contractor exhibit a business-like concern for the interests of your Agency or Business: ___Always ___Most of the time ___Sometimes ___Never14. How would you rate the contractor in the area of business relations generally? ___Excellent ___Good ___Fair ____Poor ____UnsatisfactoryComments on questions 6 through 11 above: ___________________________________________________________________________________________________________________________________________________________________________________(C) CUSTOMER SATISFACTION15. How would you rate the contractor on the basis of customer (end-user) satisfaction? ___Excellent ___Good ___Fair ____Poor ____Unsatisfactory16. Would you do business with this firm again?____Yes ____NoComments: ______________________________________________________________End of Section II***************SECTION III: COMPLETED FORM MUST BE RETURNED TO THE VA CONTRACTING OFFICE ON OR BEFORE THE DUE DATE ESTABLISHED FOR RECEIPT OF PROPOSALS. THE OFFEROR MAY SUBMIT THE COMPLETED QUESTIONNAIRE ALONG WITH HIS/HER PROPOSAL; OR, THE RESPONDENT PROVIDING THE PERFORMANCE INFORMATION HEREIN MAY FORWARD THE COMPLETED FORM DIRECTLY TO THE CONTRACTING OFFICE, IF PREFERRED.IN ALL CASES, THE COMPLETED PAST PERFORMANCE REFERENCES MUST REACH THE CONTRACTING OFFICE BY THE DATE AND TIME OFFERS ARE DUE. THE GOVERNMENT BEARS NO RESPONSIBILITY TO ASSURE QUESTIONNAIRES ARE PROPERLY RECEIVED.POC:MARIBEL SANTANetwork Contracting Office (NCO) - 827 J. González Giusti Ave. Suite 600Guaynabo, PR 00968Phone: (787) 641-7582 ext. 47041Email: Maribel.santadelapaz@Fax:(787)781-8721SECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (). (ii) Quick Search (). (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database through or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:SPECIFIC INSTRUCTIONS TO OFFERORS REGARDING PROPOSAL SUBMISSION AND BASIS FOR AWARDA. General: For the purpose of this RFP, the terms 'Offer' and 'Proposal' are synonymous. The term 'Offeror' applies to the SB submitting the Offer, as well as to the Individual authorized to submit a proposal on behalf of that business. If submitting as a joint venture, or where contract performance will include subcontractor(s), the Part II Technical Proposal submission must also include technical and past performance information for the partner or subcontractor(s), in order for the Government to conduct an informed evaluation. B. Format: Offerors must submit a 2-Part proposal in response to this RFP. Part I (Price Proposal) and Part II (Technical Proposal) shall be submitted separate. No price shall be included in the technical proposal. Each cover shall be identified clearly on the outside of the envelope or package as to its contents Price and/or technical proposal, Company Name and Small Business Socioeconomic group and RFP number. Offers shall be organized with sections identified properly. The proposal should be concise and provide sufficient information to demonstrate the offeror’s capacity to satisfactorily perform the tasks outlined. Three (3) copies of Part I and Three (3) copies of Part II shall be submitted to: U.S. Postal Service Deliveries:Maribel Santa, Contracting Officer Network Contracting Office - 8VA Caribbean Healthcare System27 Ave. J González GiustiSuite 600, Guaynabo; PR 00968Commercial Delivery Services: Hand Carry Monday – Friday (excluding Federal Holidays) 7:00 am to 4:30 PM:NOTE: PROSPECTIVE OFFERORS ARE REQUIRED TO SUBMIT TWO SEPARATE PROPOSALS; ONE PRICE PROPOSAL AND ONE TECHNICAL PROPOSAL. IF BOTH PROPOSALS ARE NOT RECEIVED, THE OFFER WILL BE CONSIDERED NON-RESPONSIVE, AND WILL NOT BE CONSIDERED FOR AWARD.C. Content: All information submitted with the proposal is expected to be 'reader-friendly', i.e., organized in accordance with the numbering system outlined below for each of the 2 parts of the proposal, legible, concise, and clearly address the particular point being addressed. Offeror is free to submit any additional information which may not be specifically requested below, but which adds value to the Offer. D. Offerors shall prepare and submit a Quality Control Plan as part of his proposal package for Government evaluation (factor 2.3 (c)). Minimum contents of the QCP are specified under section 12 of the PWS. E. Effect: The submission of a complete Offer, which includes both price and technical responses, will indicate the Offeror's unconditional acceptance of the terms, conditions and requirements contained in this solicitation. An objection to any of the terms, conditions or requirements of this solicitation will constitute a deficiency, which may render the Offer unacceptable for award.F. BASIS FOR AWARDThe Government intends to evaluate proposals and award a contract without conducting discussions with offeror’s as per FAR 52.212-1(g). Therefore, prospective offeror’s are encouraged to submit initial proposals that represent their best terms and conditions from a price and technical standpoint. The Government may, at its discretion conduct exchanges with offeror’s after receipt of proposals in accordance with FAR 15.306.Source Selection method will be conducted using the Trade-off process. A single award will be made to the responsible Offeror, who has submitted an Offer which is responsive to all requirements contained in the RFP; and which results in the best value to the Government, utilizing the evaluation factors outlined in 52-212-2 “Evaluation – Commercial Items”. Technical Capability and Past Performance, when combined, (Factor 2 + Factor 3) are significantly more important in weight to Price (Factor 1). Within the Technical Capability factor, all sub factors are equally in importance. Total Pricing (Factor 1) will be determined by adding the total price for all Option periods to the price for the Base contract period.G. METHOD OF AWARD – CASCADE PROCEDURE1. Any award(s) resulting from this solicitation will be made using the following cascade set aside order of precedence:1.1 This a competitive Request for Proposals (RFP) using a Four (4)-Tier cascading set-aside procedure as follows: First (1st) Tier: Service Disabled Veteran Owned Small Businesses (SDVOSB), Second (2nd) Tier: Veteran Owned Small Businesses (VOSB) Third (3rd) Tier: Small Disadvantaged Business (SDB) to include: 8(a) program; HUBZone program participants and Women Owned Small Business (4th) Tier: All Other Small Businesses. Cascading process will be used in conjunction with FAR Part 15.101-1 Tradeoff process. Award will be made to a responsible offeror, at the highest possible tier; only were adequate competition is received at a given tier. Adequate competition shall deem to exist if:At least two (2) competitive offers are received from qualified, responsible business concerns at the tier under consideration; and Award can be made at a fair market price as determined by FAR 19.202-6. Offers shall be determined responsible according to the standards in FAR Subpart 9.1If adequate competition is met as described above award procedure will be initiated. If adequate competition is not met, competition will proceed at the next lower tier. If possible and requirements are met, offers will be cascaded down to the next level. Offers will continue cascading to the next lower tier, provided that they are also classified at that tier. Finally, if there is inadequate competition at those tiers, all offers will compete at the Small Business tier. The process through the tiers will be executed as needed.E.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) Definitions. As used in this provision-- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via (see 52.204-7).(End of Provision)E.4 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.(End of Provision)E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: The Contracting Officer Hand-Carried Address: Department of Veterans Affairs Network Contracting Activity - 8 Tres Rios Blvd 27 Gonzalez Giusti Ave, Suite 600 Guaynabo PR 00968 Mailing Address: Department of Veterans Affairs Network Contracting Office - 8 Tres Rios Blvd 27 Gonzalez Giusti Ave, Suite 600 Guaynabo PR 00968 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.6 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database ().(End of Provision)E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420E.9 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable 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, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Puerto Rico. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)E.10 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.](End of Provision)E.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)E.12 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.(End of Provision)E.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.223-1BIOBASED PRODUCT CERTIFICATIONMAY 201252.223-4RECOVERED MATERIAL CERTIFICATIONMAY 200852.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-- REPRESENTATION AND CERTIFICATIONSDEC 201252.232-31INVITATION TO PROPOSE FINANCING TERMSOCT 199552.232-38SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFERMAY 1999(End of Addendum to 52.212-1)E.14 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price Technical Past Performance Technical and past performance, when combined, are significantly more important than cost or price.. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of Provision)ADDENDUM TO 52.212-2 EVALUATION- COMMERCIAL ITEMS (JAN 1999)EVALUATION CRITERIAEvaluation Factors and Significant Sub-Factors: Award decision will be based on the following Evaluation Factors: Price, Technical and Past Performance. The Technical factor consists of the following sub-factors: Organizational Approach and Personnel Resources, Technical Excellence, Management Capability and Experience. The offeror's technical proposal shall separately address each element.A.1. Part 1 - Price Proposal: The Price Proposal shall address Evaluation Factor #1 Pricing. Factor #1: Price: Three (3) copies of each of the following documents shall be provided: 1. Standard Form 1449, "Solicitation/Contract/Order for Commercial Items", with blocks 12, l7a, 30a, 30b and 30c completed by the Offeror. All copies shall be signed in original by the contractor or authorized representative submitting the Offer. 2. Solicitation Section B, "Schedule of Supplies or Services and Prices/Costs", with Offerors proposed contract line item prices inserted in appropriate spaces provided. Offerors shall propose a price on each item listed on the schedule of prices. The total price will be determined by adding the price of the base period, and option years, I, II, III, IV for a total /aggregate offer price.3. Offerors are encouraged to submit information other than cost or pricing data in sufficient detail to allow a thorough evaluation. The Government may use various cost analysis techniques and procedures to ensure a fair and reasonable price. 4. PRICING OPTIONS:In your base offer, do not include any allowance for any contingency to cover increased costs for which adjustments contained in clause 52.222-43 Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contract) (SEP 2009). An updated Department of Labor Wage Determination will be incorporated into the contract annually at the anniversary of the performance start date.Offerors must price the option requirement for the four (4) additional twelve month periods by assuming the minimum hourly wages and fringe benefits established by the Administrator, Wage and Hour Division, U.S. Department of Labor, for the initial twelve month period of performance will apply to the four (4) additional twelve month options periods. The minimum wage rates and fringe benefits applicable to the initial twelve-month period of performance are outline in Section D, Wage Determination Number 2005-2461 Revision #14 dated 06/13/2012.You must quote a price for the initial 12-month period as well as for the option periods in order to be considered for award.A single award will be made. Therefore, offeror must propose on all line items to be considered for award.Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer (CO) to be necessary. The Government may reject any or all offerors if such action is in the public interest, accept other than the lowest offeror, and waive informalities and minor irregularities in offers received. INFORMATION FOR PRICE ADJUSTMENTSIn the event you are awarded the contract under this solicitation package, you will be required to submit the following data to the CO within 10 days of award. This information will be used in computing price adjustments for options under 52.222-43, Fair Labor Standards Act and Service Contract Act- Price Adjustment. If this information was included in your original proposal, it does not have to be re-submited.(Please note that FAR 52.222-43 only applies to non-supervisory categories of employees.)When computing your bid, what were the rates used for payroll taxes for:FICA (Social Security and Medicare Rate) ___________________FUTA (Federal Unemployment Rate)_______________________SUTA (State Unemployment Rate)_______________________WCI (Workers Compensation Insurance Rate)___________________Other (please identify)_____________________What is the percentage of direct labor (productive time including fringe benefits and payroll taxes in your monthly bid price? ___%A.2 Part II - Technical Proposal: The Technical Proposal shall address Evaluation Factor #2 – Technical Capability; and Evaluation Factor #3 - Past Performance. 1. The Technical Proposal will primarily determine the qualifications and capability of the offeror to furnish the services called for by this solicitation as well as its Past Performance. It shall be specific and complete in every detail. It must provide sufficient information to demonstrate the Offeror's capability and record of performance of all aspects of contract requirements. Three (3) copies of each response shall be provided.Note: When describing and narrating the technical capabilities requested below, the offeror must fully explain in a realistic manner the detail plan of action(s) that will be taken to perform and accomplish the performance requirements under the contract. A.2.1. Factor #2: Technical Capability Sub-factor 2.1: Organizational Approach and Personnel Resources(a) Describe the Organizational structure and staffing plan to effectively satisfy contract requirements, considering at a minimum the VACHS Building Information and Estimated Square Footage to be served. (b) Submit a list, matrix or organizational chart cross referencing proposed individuals who will be working under this contract, by name and trade/occupation. List shall include personnel directly responsible and accountable for contract performance including management and supervisory level positions. In addition, personnel qualifications statements shall be provided, which shall include work experience, education, training, professional certifications and security clearance if any. Offerors shall demonstrate a commitment to assign appropriately skilled and experienced individuals to perform the services as required by the Performance Work Statement. In that regard, offerors shall provide a management and staffing plan addressing how the company will recruit and hire personnel in order to maintain staffing requirements. (c) If contractor is considering to sub-contract services, In addition to the above factors; Contractor shall clearly demonstrate compliance with the applicable sub-contracting limitations clause, and submit the following information/documentation. Contractor shall identify prime contractor employees, sub-contractor employees, name and duns number of the company/concern from which he will sub-contract. Sub-factor 2.2: Technical Excellence (a) Provide a narrative describing the approach to an aseptic healthcare housekeeping program.(b) Provide a management plan to include: cleaning procedures, written work instructions, proposed schedule, cleaning supplies and equipment intended to be used according to hospital customary practices and industry standards.(c) Provide a narrative that describes the approach to chemical material handling and storage. (d) Provide a narrative that describes the approach to cover basic green cleaningSub-factor 2.3: Management Capability and Experience (a) Provide a narrative describing the approach for conducting safety, infection control and other required trainings endow with emphasis on compliance with applicable local and federal regulations.(b) Provide a narrative describing ongoing business plans and practices, for customer service and customer satisfaction.(c) Provide a quality control plan (d) Provide an emergency plan A.3. Factor #3: Past Performance (a) Offeror’s are required to provide up to three (3) references for contracts which are similar in size and scope to the one solicited by this RFP. Past Performance shall be relevant and recent. In order to be considered relevant and recent, references shall be similar in nature to the Government requirement, and services performed within the five (5) years preceding the submission of this offer. (b) References may include Federal, State, local government and/or private sector. For each reference being provided, complete a 'Past Performance Information Survey', which is provided in Section D, attachment section of the solicitation. Instructions are found on the survey form. Offerors are encouraged to request their selected references to complete the appropriate portion of the questionnaire early in the process of information gathering for proposal submission, so that completed forms may be submitted timely with the Offer. (c) Past Performance will be evaluated to assess its relative merit with respect to the current requirement. In addition to references provided by the Offeror, the Government reserves the right to obtain information for use in its evaluation of an Offeror's past performance from any and all sources available. (d) Past Performance information to be evaluated includes but may not be limited to: Quality of Service (Contractor Performance in making sure the service conforms to contractual specifications)Timeliness (Offeror adherence to contract specifications, schedule performance timely and complete delivery of services)Management PerformanceCosts ControlIn the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance. However, in the absence of past performance the Offeror shall provide evidence of experience.END OF ADDENDUM TO 52.212-2E.15 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service-- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website access through . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs n/a. (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either-- (A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246-- (1) Previous contracts and compliance. The offeror represents that-- (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made, designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country, end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that-- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(End of Provision) ................
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