SOLICITATION NOTICE
U -- VA Forklift Operator and Safety Training (VA-19-00062253)
- Notice Date
- 8/1/2019
- Notice Type
- Combine Synopsis/Solicitation
- NAICS
- 611519
— Other Technical and Trade Schools
- Contracting Office
- Strategic Acquisition Center - Frederick;Department of Veterans Affairs;5202 Presidents Court, Suite 103;Frederick MD 21703
- ZIP Code
- 21703
- Solicitation Number
- 36C10X19Q0220
- Response Due
- 8/9/2019
- Archive Date
- 8/24/2019
- Point of Contact
- Gary.Ruc@va.gov
- Small Business Set-Aside
- N/A
- Description
- 36C10X19Q0220 Page 2 of 2 36C10X19Q0220. COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS GENERAL INFORMATION Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C10X19Q0220 Posted Date: 08/01/2019 Original Response Date: 08/09/2019 3:00 PM Eastern Current Response Date: 08/09/2019 3:00 PM Eastern Product or Service Code: U006 Set Aside: Unrestricted NAICS Code: 611519 Other Technical and Trade Schools is most appropriate for this requirement. Size standard is 15.0 million Contracting Office Address Strategic Acquisition Center Frederick (SAC-F) Department of Veterans Affairs 5202 President s Court, Suite 103 Frederick, MD 21703 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ) 36C10X19Q0220. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-03. OSHA Certified Forklift Operator and Safety Training. This first page is to be removed upon award and replaced with a SF1449 and table of contents. Questions are due by COB, August 5, 2019. Any questions received after this date may not be answered. Name and contact information for to contact for information regarding the solicitation: Gary Ruc, Contract Specialist, Department of Veterans Affairs, SAC-F, Gary.Ruc@va.gov Carey M. Kauzlarich, Contracting Officer, Department of Veterans Affairs, SAC-F, Carey.Kauzlarich@va.gov All interested companies shall provide quotations for the following: BLANKET PURCHASE AGREEMENT (BPA) DATA Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: TBD b. GOVERNMENT: Strategic Acquisition Center Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 INTRODUCTION In the spirit of the Federal Acquisition Streamlining Act, the Department of Veterans Affairs (VA) and TBD hereby enter into a cooperative agreement, otherwise referred to as a Blanket Purchase Agreement (BPA), to further reduce the administrative costs of acquiring services. The agreement details all services with accompanying prices and descriptions, which may be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of all the clauses and provisions in full text or incorporated by reference in this document. PRICING DATA The prices included on the BPA list (or applicable "discounted" rates submitted in a response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the option year rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by electronic-mail) to the Department of Veterans Affairs/Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Department of Veterans Affairs Contracting Officer receives written notification (U.S. mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Department of Veterans Affairs Contracting Officer. ORDERS The BPA holder shall furnish all the necessary qualified personnel, materials, and management resources to furnish the services set forth in the Performance Work Statement (PWS) within the terms specified and at the price(s) stated. It is understood and agreed that the BPA holder shall provide Firm Fixed-Price quotes when requested by any VA Contracting Officer (CO). The contractor's quote shall be priced using rates here in provided. The VA CO will issue Firm Fixed Priced Orders upon completion of review of contractor quotes. NONPERSONAL SERVICES a. In performance of this agreement, the BPA holder will provide services as required based upon the performance work statement. b. The services required under the Agreement constitute professional services. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within the Department of Veterans Affairs. c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately. d. These services shall not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures. OBLIGATION OF FUNDS This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders issued under the BPA by the Contracting Officer. BPA Total Estimated Value The estimated number of courses is three to six per year. More or less courses may be ordered based on the VA s need. PERIOD OF PERFORMANCE This BPA shall be for a single base year with the option for four more single option years. AUTHORIZED INDIVIDUALS Individuals Authorized to Place Orders: VA authorizes the following entities to place orders: Any authorized VA Contracting Officer Any VA Government Purchase Card (GPC) holder ORDERING: The BPA CO is responsible for providing overall scope oversight, maintaining communication between the contractor and the VA, ensuring BPA compliance, administering base BPA and modifications, and ensuring that annual performance evaluations are completed at the base BPA level. Each order will have an identified CO or GPC Holder who will be responsible for ensuring that orders are within the scope of the base BPA, administering all order awards. The BPA CO reserves the right to designate a Contracting Officer s Representative (COR) at the base BPA or individual order level. The BPA CO will issue a designation letter to the COR and the contractor to ensure that all parties understand the limited authority of the COR. COR Appointments are not necessary at the order level. ORDER PROCEDURES The contractor shall provide services as requirements are identified throughout the ordering period. Requirements may span the tasks listed within the Performance Work Statement (PWS). Resulting orders shall be Firm Fixed Price. Each order will specify details as they relate to deliverables, performance and other technical items. (1) Ordering procedures will be in accordance with FAR 13.303-5. (2) As requirements for the courses are defined, the VA will issue an RFQ in accordance with the procedures as outlined below. (3) Each RFQ will include, at a minimum: a. The due date and instructions for submission; b. List of required courses and number of courses required c. The place and period of performance, and d. Any additional information deemed necessary by the VA. (4) The Government will evaluate price in accordance with FAR 13.106-2. The ordering activity is responsible for determining that the total price is reasonable through appropriate analysis techniques and documenting the file accordingly. (5) Upon order award, the order will be sent via email to the contractor or be made orally with acceptance receipt provided via email. The contractor is not authorized at any time to commence order performance prior to issuance of a signed order or other approval provided by an authorized individual. (6) Orders may only be modified by written modification or by written agreement between the BPA holder and an authorized individual. The contractor shall not perform or provide services that are not expressly stated in the BPA or order. A Contracting Officer Representative (COR) does not have the authority or means to obligate the Government or change the terms and conditions of the BPA or order. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [x] 52.232-33, Payment by Electronic Funds Transfer System For Award Management, or [ ] 52.232-36, Payment by Third Party or [x] Government Purchase Card 2. INVOICES: Invoices shall be submitted in arrears: a. Quarterly [ ] b. Semi-Annually [ ] c. Other [x] See each order for invoicing instructions 3. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. U.S. Department of Veterans Affairs Financial Services Center PO BOX 149971 (see each Call Order for complete invoicing instructions) Austin TX 78714-8917 PRICE/COST SCHEDULE: Line Item Description Quantity Unit Price 0001 Instructor Led Forklift Operator & Safety Training Base 1 EA $ 0002 Instructor Led Forklift Operator & Safety Training Option Year 1 1 EA $ 0003 Instructor Led Forklift Operator & Safety Training Option Year 2 1 EA $ 0004 Instructor Led Forklift Operator & Safety Training Option Year 3 1 EA $ 0005 Instructor Led Forklift Operator & Safety Training Option year 4 1 EA $ SERVICES Performance Work Statement Department of Veterans Affairs Osha Certified Forklift Operator & Safety Training 1.0 BACKGROUND On February 17, 2011, the Veterans Affairs Supply Chain Management (VASCM) Transformation Initiative was established to recognize supply chain and logistics management as an integrated enterprise operation throughout the Department of Veterans Affairs (VA) to ensure quality service for all Veterans. As part of this initiative, VA developed a Supply Chain Management School (SCMS) within the Veterans Affairs Acquisition Academy (VAAA) that will provide a comprehensive, competency-based training program. The VAAA SCMS s vision is to create an innovative and leading-edge academic environment that is the supply chain school of choice for the federal government. The SCMS understands that for the school to be successful, it must meet or exceed all training requirements for more than 6,000 VA logisticians. The curriculum offered by the SCMS will strengthen the knowledge, skills, and abilities of the supply chain workforce to implement a more standardized, cost-effective, and streamlined federal supply chain. 2.0 SCOPE OF WORK The purpose of this Blanket Purchase Agreement (BPA) is to obtain OSHA Certified Forklift Operator and Safety Training for the VA Supply Chain Workforce. The contractor shall instruct VA employees in a classroom and conduct hands-on forklift training in a dedicated facility using industry-best practices. The contractor shall provide all courseware materials and hands-on training equipment to be used at the contractor s facility. The contractor shall provide a computer or tablet with internet access for each student to take the end of course assessment and survey. Prospective contractors may refer to VA s SCMS Competency Model for additional information on the courses and subject matter relevant to the VA logistical workforce. 3.0 TYPE OF CONTRACT The contract type is a BPA with Firm Fixed-Priced orders 4.0 PERIOD OF PERFORMANCE The period of performance is as follows: Base: September 1, 2019 August 31, 2020 Option Period 1: September 1, 2020 August 31, 2021 Option Period 2: September 1, 2021 August 31, 2022 Option Period 3: September 1, 2022 August 31, 2023 Option Period 4: September 1, 2023 August 31, 2024 5.0 PLACE OF PERFORMANCE All work will be completed at the contractors designated training facility (TBD). 6.0 TRAVEL The Government does not anticipate contractor travel under this effort. 7.0 TASKS The contractor shall be capable of providing instructor led, OSHA Certified forklift operator & safety training to Federal Government employees. The training shall include forklift truck specific topics such as its basic controls, purpose of operations, limitations, safe operation, vehicle stability, vehicle inspection, maintenance, refueling, recharging and proper parking. Trainees will also learn workplace specific subjects on pedestrian safety, assessing danger in the workplace, risk analysis, work coordination, warning and signage precautions, driving on different surfaces, stability of materials transported, stacking and de-stacking, working in restricted and tight areas, performing work at hazardous location, working in different weather conditions, and working in different work environments. The course will contain OSHA requirements, standards and forklift operation. The contractor shall: Provide a training facility with classroom and designated hands-on training area for forklift operation and safety training to accommodate up to 15 students. Provide training at a viable facility in close proximity to the Veterans Acquisition Academy (VAAA). Provide hands-on forklift operator training on gas, diesel, or electric powered forklifts. Training equipment shall include Class I, II, III, & IV powered forklifts. Provide a minimum of 16 training hours (8 hours of classroom training and 8 hours of hand-on training. Instruct course material to meet the following course objectives: Determine the risk(s) involved in operating the forklift truck Become familiar with OSHA standards Become familiar with the operations and functions of different types of trucks Prepare for visual check-up of the machine prior to work Obtain forklift license Pass the formal training test Complete and pass the forklift driving evaluation 8.0 TASK STATEMENT The VA reserves the right to make course changes or cancelations up to 21 days prior to scheduled start date. Training will not be scheduled during federal holidays listed by OPM at http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/Federal-holidays/#url=Overview If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included would be any day specifically declared by an Executive Order from President of the United States of America as a national holiday (i.e., December 26, 2017). The Government generally will only cancel training classes due to: Not enough students have registered 21 calendar days prior to the start date of a course; Severe emergencies, weather conditions, or critical national events that are unforeseen and unpredictable; and During Federal-wide or agency shut down periods. Courses may also be cancelled due to an occasional need to change the dates and locations of training. The Government will notify the contractor when class dates are changed or cancelled due to any of these circumstances. When the contractor is given notice prior to the scheduled class start date, the Government may cancel and/or substitute, relocate, or reschedule classes without penalty and at no additional cost to the Government. When less than 21 calendar days notice is given (e.g., in the event of an emergency or Government shut down), classes may be substituted, relocated, or rescheduled by mutual agreement of the Government and contractor. All training will begin at 8:00 a.m. (local time) on each day of training, unless otherwise modified at the order level. Instructors are expected to arrive with enough time to ensure that they are prepared to start the course on time. Courses shall finish no later than 5:00 p.m. unless otherwise modified at the order level. Courses shall not be dismissed early unless approved by the VA. The Government will manage registration of the courses and provide a registration confirmation to include course location, start and end dates and times, and travel information to contractor. For all classes, the contractor will be provided with the class roster on the first day of class. This roster shall serve as the official student attendance record; students must sign in each morning and afternoon of class. Classes may be observed by VAAA staff or contracted support staff as a part of the inspection and acceptance process and to ensure quality assurance of course delivery. The VA will notify the Contracting Officer and contractor of any adverse observations for contractor resolution. The Contractor shall ensure individual course evaluations are completed electronically by students after course completion using the VAAA s evaluation system (currently Metrics that Matter, (MTM)). If the assessment cannot be completed electronically, the contractor shall ensure students complete hard copy assessments and provide the COR with the assessments for manual input into the system. VAAA will audit courses without notice to monitor quality. Instructors who do not comply with the academy instructor requirements will be replaced immediately. COURSE MATERIALS The contractor shall provide the courseware training materials and all supplemental courseware training material for the facilitation of classroom instruction. The contractor shall provide the courseware training materials and delivery methods for the instructors to use when conducting the courses. The contractor shall also provide certificates of completion to students upon completion of training. 10.0 EQUIPMENT The contractor shall provide fully operational equipment necessary to successfully train all students. Training equipment shall include class I, II, III, IV or V vehicles. Equipment shall be gas, diesel, or electric powered forklifts, order selectors, standing reach trucks 11.0 LEARNING ENVIRONMENT The contractor shall create a learning environment conducive to classroom instruction to maximize student learning, knowledge retention, and feedback to ensure the Veteran Affairs workforce is prepared and capable of job/mission accomplishment. The assigned instructor shall record attendance daily, teach assigned material, oversee examinations, evaluate/grade examinations, review examination results with students, and ensure students absorb and can apply lessons learned and class material can be applied to the student s job duties. 12.0 DELIVERABLES 12.1A Course attendance roster 12.1B Email to the VA with instructor feedback about the nature of the course, issues and any recommended changes. 12.1C Course Evaluations 12.1D Original print copies of end of course surveys if electronic version is unavailable. 13.0 DELIVERY SCHEDULE All contractor-provided work products are to be furnished within the specified delivery dates (see Schedule of Deliverables below). Any changes to delivery dates must be discussed with the COR and requested in writing to the CO. If for any reason any deliverable cannot be delivered within the scheduled time frame, the Contractor is required to explain why in writing to the COR and CO including a firm commitment of when the work shall be completed. This notice to the COR and CO shall cite the reasons for the delay and the impact on the overall project. The CO shall then review the facts and issue a response in accordance with applicable regulations. Government review for all deliverables will be within 10 working days. All deliverables noted in the table below must be emailed to the COR and Program Manager (PM). 14.0 SCHEDULE OF DELIVERABLES Task Item Description Delivery Date 12.1A Course attendance roster Last day of class 12.1C Course Evaluations Electronically managed by COR 12.1D Print copy of end of course survey Last day of class 15.0 Task Order Quality Assurance Surveillance Plan (QASP) Deliverable or Requirement Performance Standard Surveillance Method Outcome Delivery of classes Delivery of project management and training support services Classes shall be provided in accordance with the Schedule 100% of the time Classes shall meet Academy MTM level 1 minimum scores of 4.3 out of 5 Instructors shall be interactive and responsive to students individual learning needs. All courses are subject to unannounced auditing. A minimum of one audit per instructor per year will occur. 100% survey review. Audit inspection. The CO COR or PM School designee will review each class for quality/timeliness following Instructor guide and management of classroom activities on an unannounced basis. Audit may occur more frequently and for longer duration for new instructors than for experienced instructors. Failure to follow the VA guidance and PM quality standards will be immediately brought to the CO s attention for resolution. Failure to meet school standards, VA standards, and/or poor performance may result in issuance of a Contractor Discrepancy Report (CDR), The contractor s performance on this TO will be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR will make use of information from CDRs, as well as any additional knowledge and information available to them with respect to the contractor s performance, to complete the CPARS. The Government will not pay for services that do not conform or do not meet performance standards or have not been properly rendered. The contractor will be given an opportunity to correct non-conforming services at no cost to the Government if the services are non-conforming or the contract requirement is unacceptable. 16.0 Key Personnel Certain skilled experience professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as Key Personnel whose experience biographies shall be submitted and marked by the Contractor as Key Personnel. Substitutions shall only be accepted if in compliance with the Substitution of Key Personnel provision identified below. Key Personnel shall have the following: 16.1 Certifications: Key personnel shall have (at minimum) an OSHA recognized Powered Industrial Truck certification. Acceptable certifications include (but not limited to): 16.2 Experience: Key Personnel are identified as the following labor categories: 16.2.1 Instructor Minimum/General Experience: 10+ years of experience as a forklift operator, instructor, and trainer. OSHA 10 / OSHA 30 course completion preferred. Must have the ability to communicate clearly and effectively and have strong presentation skills. Functional Responsibility: Instructor shall deliver OSHA compliant forklift operator & safety training to VA employees. Minimum Education: Bachelor s degree preferred. Combination of education and prior experience accepted. 2+ years of college in logistics, engineering, mathematics, business, or equivalent experience. Clauses and Provisions The following solicitation provisions apply to this acquisition: The provision at FAR 52.212-1, Instructions to Respondents Commercial Items, applies to this acquisition. Addendum to FAR 52.212-1 FAR 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): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/index.asp FAR/VAAR Number Title Date 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) OCT 2018 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2016 (End of Provision) (End of Addendum) FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014) (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: Award shall be made using comparative analysis to the respondent whose quotation demonstrates their solution in best meeting the Government s requirements. The government will evaluate information based on the following evaluation criteria: an overall solution, including price, that best meets the requirements of the Performance Work Statement. (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) If necessary, respondents are to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items, with the offer if required by the provision. The following contract clauses apply to this acquisition: The clause at FAR 52.212-4, Contract Terms and Conditions Commercial Items, applies to this acquisition. Addendum to FAR 52.212-4 CLAUSES INCORPORATED BY FULL TEXT FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of Clause) VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (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; and (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 at the current website address provided in the contract. (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered bythe American National Standards Institute (ANSI). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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) 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 Maryland. 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) CLAUSES INCORPORATED BY REFERENCE FAR 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): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/index.asp FAR/VAAR Number Title Date 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 852.203-70 COMMERCIAL ADVERTISING MAY 2018 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS JAN 2008 (End of Clause) (End of Addendum) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders, applies to this acquisition. Incorporated clauses required by statute and executive order will be included in the BPA. The following subparagraphs of FAR 52.212-5 are applicable: FAR 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note); FAR 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (31 U.S.C. 6101); FAR 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)); FAR 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755); FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015); FAR 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246); FAR 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212); FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793); FAR 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212); FAR 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627); FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513); FAR 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.s, proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury); FAR 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332); FAR 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332); FAR 52.222-41, Service Contract Labor Standards (AUG 2018)(Wage Determination No.: 2015-4269); FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)(Employee Class: 15090 Technical Instructor | Monetary Wage - Fringe Benefits: GS-7/$22.53); FAR 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015); FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017). (End of Clause) NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (01-AUG-2019); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or fbo.support@gsa.gov REGARDING THIS ISSUE.
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