This is a DRAFT combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is VA244-16-Q-1170. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-89 effective July 14, 2016, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil. This Solicitation is being competed as unrestricted. The NAICS Code is 812331 - Linen Supply, and the small business size standard is $32.5 million. The Veterans Affairs Pittsburgh Healthcare System (VAPHS), consists of two (2) facilities: University Drive Campus, located at University Drive, Pittsburgh, PA 15240, and the H.J. Heinz Campus, located 1010 Delafield Road, Pittsburgh, PA 15215. The VAPHS has a requirement for a contractor to provide all labor, equipment, tools, materials, parts, supplies, and supervision necessary to perform laundry and linen supply services for both the University Drive Campus and the H.J.Heinz Campus. All work shall be completed in accordance with the Performance Work Statement (PWS) and the two (2) attachments to the PWS. The PWS and attachments are included as Attachment 1to this solicitation. The anticipated Period of Performance will be as follows: Base Year: 10/1/2015 - 09/30/2016 Option Year 1: 10/1/2016 - 09/30/2017 Option Year 2: 10/1/2017 - 09/30/2018 Option Year 3: 10/1/2018 - 09/30/2019 Offerors are requested to quote Firm Fixed Price for any and all of the line items on the Schedule of Supplies and Services attached to this solicitation. The Schedule of Supplies and Services is included as Attachment 2 to this solicitation. Service Contract Act Wage Determination No. 2015-4235, Revision No. 2, dated 12/29/2015, applies to this acquisition and will be incorporated into the resulting Purchase Order. A copy of the Wage Determination is included with this solicitation as Attachment 3. Any award resulting from this solicitation will be issued on a Standard Form 1449. NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-(k). Registration may be done online at: www.acquisition.gov or www.sam.gov. Contractors are advised that this is a DRAFT solicitation and is being posted for industry planning purposes only. Any and all questions concerning this DRAFT solicitation must be sent in writing to the Contracting Office at NCO 4, Lebanon, PA. Questions may be sent via email to Ms. Julieanne Bartlett at
[email protected]. All questions must be submitted by Tuesday, August, 9, 2016 at 2:00 PM EST. Interested vendors are cautioned that when and if the final RFQ is released, it may be different than this DRAFT RFQ. NO Quotes should be submitted in response to this DRAFT RFQ.? The following FAR and Veterans Affairs Acquisition Regulation (VAAR) apply to this acquisition: 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) applies to this acquisition. Addenda to 52.212-1: Reference paragraph (c) period for acceptance of offers: delete "30 calendar days" and insert "60 calendar days" in its place. The following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, and (h) multiple awards. Quote Submission Instructions: Quotes shall be sent electronically via e-mail. All quotes shall include one (1) separate copy of each of the items listed below. Submission of a quote that does not contain all items requested below may result in elimination from consideration of award. Offerors must submit each item of quote in a separate electronic attachment clearly identified as described below. No price information shall be included in the technical or past performance section. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each quote. First Attachment (Volume I) 1. Completed Schedule of Supplies and Services. Completed CLIN price information in the Schedule of Supplies/Services. *Offerors must use the CLINs specified in the Schedule of Supplies/Services. It is not permissible for offerors to use offeror created CLINs or SUBCLINs. 2. Completed certifications and representations located at FAR 52.212-3, or an indication that said certifications and representations are current and located in the SAM database. 3. Signed Certifications that may be included as Addenda to FAR 52.212-1. 4. Signed acknowledgements of amendments (SF30). Applicable only if any amendments are issued against this solicitation. Second Attachment (Volume II) Quotes shall provide a narrative (including any descriptive literature and/or certifications) which demonstrates the offeror clearly and fully understands and meets all the minimum technical requirements as set forth in the applicable Performance Work Statement (PWS). This narrative shall not exceed twenty (20) pages and shall include discussion addressing the following requirements: 1. Technical Approach. a. Facilities & Equipment: The vendor shall discuss clearly and in detail the location of and a description of the plant/facility that will be utilized to provide the laundry/linen services for the VAPHS. Provide description/details as to other existing contracts that will share said facilities with the VAPHS workload. At a minimum, the technical package shall include descriptive literature/catalog information, and/or narrative or all equipment to be utilized in the performance of this requirement. The information to be provided includes location, make, model, model number, quantity, capacities, age of processing equipment, and type of equipment. The failure to provide this information may result in elimination from award. b. Infection Control: Plant layout drawings must be provided, depicting work flow and infection control separation measures. c. Wash Formulas: The vendor shall provide a list of wash formulas to be used, which meet industry standards. These shall include, but not be limited to, detergents and water treatment. d. Reporting: Examples shall be provided of each of the required reports listed in Technical Exhibit 2 of the PWS. e. Transition Plan: The vendor shall provide narrative detailing a transition plan to assume laundry workload IAW the requirements of the PWS. 2. Management Plan. a. Key Personnel: The vendor shall describe its plan for hiring key personnel, which for this effort is defined as an Onsite Manager/Point-of-Contact (POC). Narrative shall include hiring credentials, roles and responsibilities. b. Staffing & Operations Plan: The vendor shall provide its plan to hire and train staff/personnel for the tasks and requirements needed to be performed IAW this PWS. The vendor shall also provide narrative as to equipment maintenance plan. c. Quality Control Plan: The vendor shall provide their Quality Control Plan for this requirement. Third Attachment (Volume III) Past Performance Record: Vendors shall provide information on Past Performance Record. This information is used in determining the level of confidence the Government has for a successful performance based upon the vendor's actions under previously awarded and/or relevant contracts. The information provided in Volume III will be utilized to evaluate Factor 3 (Past Performance). To be considered part of the Past Performance record, a vendor must demonstrate execution of three (3) or more relevant contracts in the last five (5) years. If a vendor or its major subcontractor determines that they have no relevant past performance data, they shall provide the following statement in lieu of the information provided below: "(Insert vendor or major subcontractor's name) has determined that they possess no relevant past performance information in accordance with the RFQ." To be complaint with this factor, vendors shall provide the following information for both the vendor and proposed major subcontractors: (1) An index of Previous Contract Data for the vendor. The index shall contain all relevant PRIME contracts and relevant subcontracts that the vendor is currently performing or has completed during the last five (5) years. The index shall include: - Contractor name - Name of customer/agency - Contract/Purchase Order Number - Customer points of contact (minimum of two; provide name, telephone number, fax number and e-mail addresses) - Length of contract - Period of Performance (dates) - Initial Contract Price - Description of product/service provided (include sufficient detail to demonstrate similarities/dissimilarities to the requirements of this solicitation) (2) An index of Previous Contract Data for all minor subcontractors containing the information listed in (1) above as it relates to relevant Prime and Subcontracts that the major subcontractor is currently performing or has completed during the last five (5) years. (3) The Performance Risk Assessment Questionnaire. Vendors and all major subcontractors shall send this questionnaire to previous customers of prime and subcontracts. All questionnaires shall be sent by the quote due date and time identified in the solicitation. All previous contracts the vendor utilizes for the Questionnaire information must be contained in the Previous Contract Data index for the vendor/major subcontractor. The vendor/major subcontractor shall complete prior to submitting the questionnaire to the customer. The vendor/major subcontractor shall ask the customer to complete the questionnaire and return it directly to Julieanne Bartlett, Contract Specialist, at
[email protected]. The named customer individual may be contacted to clarify, obtain additional information, or conduct a telephonic survey of past performance. (3) The Government may utilize the Federal Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), responses from the Performance Risk Assessment Questionnaire, data submitted by the vendor, and any other information available to determine the quality and relevance of the vendor's past performance. The following provisions apply and are incorporated by reference and full text: 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): http://farsite.hill.af.mil. (End of Provision) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-17 Ownership or Control of Offeror (Nov 2014) 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (DEVIATION 2015-02) (Feb 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act) for contracts with any entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b)The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of Provision) 52.204-20 Predecessor of Offeror (Apr 2016) (a) Definitions. As used in this provision-- "Commercial and Government Entity (CAGE) code" means-- (1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ________ (or mark "Unknown"). Predecessor legal name: ______________________________. (Do not use a "doing business as" name). (End of provision) 52.209-5 Representation by Corporations Regarding an Unpaid Tax Liability or a Felony Conviction Under any Federal Law (Mar 2012) (DEVIATION) (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 be 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 United States. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the United States and Debarment Official has made a determination that this action is not necessary to protect the interests of the United States. (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) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (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 proceeding 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 System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Firm-Fixed-Price (FFP) contract resulting from this solicitation. (End of Provision) 52.217-5 Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.233-2 Service of Protest (Sep 2006) (a) 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 Kurtis M. Jones , Contracting Officer Network Contracting Organization 4 1111 East End Blvd Wilkes-Barre, PA 18711 (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) 52. 252-5 Authorized Deviations in Provisions (Apr 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Provision) 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) 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) 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. (End of Provision) 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) (End of Addenda to FAR 52.212-1) 13.106-2 Evaluation of Quotations or Offers: The Government intends to award one (1) purchase order resulting from this Request for Quote using the lowest price technically acceptable evaluation procedures. Technical trade-offs will not be made and no additional credit will be given for exceeding acceptability. Quotes shall be evaluated for acceptability only and shall not be rated. Any offer that has been determined technically acceptable will then be evaluated for lowest price. Award will be made to the acceptable offer with the lowest evaluated price, which is deemed responsible IAW the standards of FAR Part 9, and whose quote conforms to the solicitation requirements. Award will be based on the total overall lowest price quoted. Any offeror whose quote has been determined technically acceptable will then have its quote evaluated for lowest price. The following factors shall be used to evaluate quotes: Factor 1: Technical Approach Technical acceptability will be evaluated on an acceptable/unacceptable basis. To be technically acceptable, a vendor must demonstrate that its facility is located within 120 miles of the VAPHS campus. To be technically acceptable, a vendor must demonstrate that its facility's equipment is adequate to support the workload requirements of this effort as detailed in the PWS. To be technically acceptable, a vendor must demonstrate that its facility is located within 120 miles of the VAPHS campus. To be technically acceptable, a vendor must demonstrate that its facility has separation of soiled and clean laundry as required by the PWS. Infection Control Measures must be demonstrated. To be technically acceptable, a vendor must demonstrate that the wash formulas it intends to use meets industry standards. This shall include, but not be limited to, detergents and water treatments. To be technically acceptable, a vendor must demonstrate that it is capable of providing the reports required in the PWS and the detailed information set forth within. To be technically acceptable, a vendor must demonstrate that it is capable of assuming this workload and ensuring continuity of services IAW the requirements set forth in the PWS. Factor 2: Management Approach Technical acceptability will be evaluated on an acceptable/unacceptable basis. To be technically acceptable, a vendor must demonstrate that the Key Personnel (Onsite Manager/POC) proposed for this effort complies with all aspects of the technical requirements stated in the PWS, to include necessary credentials. To be technically acceptable, a vendor must demonstrate that it is capable of hiring and training adequate staff to perform the requirements of this effort as set forth in the PWS. The vendor must demonstrate an equipment maintenance plan to ensure equipment is running so as to support the workload requirements of this effort as set forth in the PWS. To be technically acceptable, a vendor must submit a copy of its Quality Control Plan (QCP) for this effort that meets the requirements set forth in the PWS regarding a QCP and ways that the areas of the Government's Quality Assurance Surveillance Plan will be covered. Factor 3: Past Performance Past Performance will be evaluated on an acceptable/unacceptable basis. Vendors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance and, as a result, will receive a "Neutral/Unknown Confidence" rating for past performance. In investigating relevant past performance, the Government will consider information in the vendor's quote and information obtained from other sources. Other sources may include past and present customers and their employees, other Government agencies including state and local agencies, pre-award surveys, consumer protection agencies, better business bureaus, and others who may have useful information. Factors such as customer satisfaction, timeliness, product quality and similarity to the existing project will be taken into account. To be acceptable, the quote must provide sufficient information about the vendor's performance record that the Government can determine that the vendor should be able to successfully perform the required effort. Price Price reasonableness will be determined through price analysis IAW FAR 13.106-3. The Government will utilize a comparison of proposed prices received in response to the RFQ. Normally, adequate price competition establishes price reasonableness (see FAR 13.106-3(a)(1)). The Contracting Officer does anticipate adequate price competition for this RFQ. Should that not happen, The Contracting Officer may need to ask for Data Other than Certified Cost and Price Data to determine price reasonableness. Vendors are advised that unrealistically low price may be ground for eliminating a quote from competition. This could be on the basis that the vendor does not understand the requirement or has made an incautious quote. (End of Provision) Contractors are required to include a copy of the FAR provision 52.212-3 -Offeror Representations and Certifications -Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://sam.gov. Failure to include the certifications along with the price proposal or complete certifications on the internet may result in elimination from consideration for award. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (May 2015) applies to this acquisition. Addenda to 52.212-4: The following clauses are incorporated by reference and full text. 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper (May 2011) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015) 52.232-18 Availability of Funds (Apr 1984) 52. 232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-3 Continuity of Services (Jan 1991) 52.245-1 Government Property Alternate I (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Feb 2015) (DEVIATION) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolutions Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of Clause) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of Clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 four (4) years. (End of Clause) 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) 852.203-71 Display of Department of Veterans 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)>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.852.207-70 Report of employment under commercial activities. (End of Clause) 852.219-9 VA Small Business Subcontracting Plan Minimum Requirements (Dec 2009) (a) This clause does not apply to small business concerns. (b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small business concerns shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total dollars planned to be subcontracted. (c) For a commercial plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small businesses shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total value of projected subcontracts to support the sales for the commercial plan. (d) To be credited toward goal achievements, businesses must be verified as eligible in the Vendor Information Pages database. The contractor shall annually submit a listing of service-disabled veteran-owned small businesses and veteran-owned small businesses for which credit toward goal achievement is to be applied for the review of personnel in the Office of Small and Disadvantaged Business Utilization. (e) The contractor may appeal any businesses determined not eligible for crediting toward goal achievements by following the procedures contained in 819.407. (End of Clause) 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, e-mail, 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 http://www.fsc.va.gov/einvoice.asp.) (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 (http://www.x12.org) 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) 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 Pennsylvania. 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) 52.252-6 Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) Local Security Requirements Clause: The COR is responsible for ensuring that all Contractors comply with physical security policies. A compliant ID badge must be worn by Contractors at all times while on VA premises. Contractor may not have access to the VA network or any VA sensitive information under this contract. Contractor's exposure to the patient names on the laundry bags is considered incidental and contractor may not record, enter or use this information in any of their systems. Paragraph 3a from 6500.6 applies: 3a. 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). All contractors must receive Privacy training annually using one of the following methods: a. Complete "VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to Use to VA Sensitive Information" training by using VA's TMS system (Https://www.tms.va.gov). Contractors may use the TMS Managed Self enrollment method to complete the training in TMS. The COR must ensure that all contractors are validated in the PIH domain. b. Complete the hard copy version of "VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information." Signed training documents must be submitted to the COR. Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the COR. (End of Clause) Requests for Equitable Adjustment Clause: (a) The Technical Exhibit 1 document attached and incorporated into this contract action contains information which reflects the historical workload and is based on historical usage of the VAPHS. This information is provided to the offerors and contractors as an estimate to be utilized to determine the basis of bid for the Firm-Fixed-Price (FFP) of the contract action. (b) Should the quantities listed in the Technical Exhibit 1 document increase or decrease by 10%, both the Contractor and/or the United States Government can submit a Request for Equitable Adjustment (REA) from the other and also modify the FFP for said contract action as the basis of bid has changed. (c) The amount of any REA to contract terms shall accurately reflect the contract adjustment for which the Contractor or the Government believes the other is liable. The request shall include only the price/cost of performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. A new FFP based on the historical workload usage shall be included or proposed. (d) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor: I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief. (Official's Name) (Title) (e) The certification in paragraph (d) of this clause requires full disclosure of all relevant facts, including? (1) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required. (End of Clause) (End of Addenda to FAR 52.212-4) Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016) applies to this solicitation. The additional FAR clauses cited in 52.212-5 are applicable to this acquisition. In paragraph (a) the following clauses apply: 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) In paragraph (b) the following clauses apply: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) 52.204-10, Reporting Executive Compensation &First Tier Subcontract Awards (Oct 2015) 52.204-14, Service Contract Reporting Requirements (Jan 2014) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9, Updates of Publically Available Information Regarding Responsibility Matters (Jul 2013) 52.219-8, Utilization of Small Business Concerns (Oct 2014) 52.219-9, Small Business Subcontracting Plan (Oct 2015) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) 52.219-28, Post Award Small Business Program Representation (Jul 2013) 52.222-3, Convict Labor (June 2003) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 52.222-26, Equal Opportunity (Apr 2015) 52.222-35, Equal Opportunity for Veterans (Oct 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37, Employment Reports on Veterans (Feb 2016) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50, Combating Trafficking in Persons (Mar 2015) 52.222-54, Employment Eligibility Verification (Oct 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) Under paragraph (c) the following clauses apply: 52.222-17, Nondisplacement of Qualified Workers (May 2014) 52.222-41, Service Contract Labor Standards (May 2014) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) Employee Class Monetary Wage-Fringe Benefits Laundry Worker $13.61 per hour plus fringe Laundry Machine Operator $18.47 per hour plus fringe Motor Vehicle Operator $18.47 per hour plus fringe Laborer $16.02 per hour plus fringe 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts (May 2014) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) All clauses under paragraph (d) and (e) apply (End of Clause)