S--Massachusetts Nat'l Cemetery "Sod Delivery" contract (FY18 (Base + Four (4) Option Years - ending 9/30/2022

Page 1 of 6 Page 1 of 12 Page 1 of 6 RFQ FOR COMMERCIAL ITEMS GENERAL INFORMATION Document Type: Combined Synopsis Solicitation Solicitation Number: RFQ 36C78618Q0143 Post Date: 01/25/2018 Response Date: 02/05/2018 8:00am EST Applicable NAICS: 561730- Landscaping Services; $7.5 mil. (Size Standard) Classification Code: S208 Housekeeping Landscaping/Groundskeeping Set Aside Type: 100% Service Disabled Veteran Owned Small Business (SDVOSB) Issuing Contracting Office: Department of Veterans Affairs National Cemetery Administration, Contract Services 75 Barrett Heights Rd., Suite 309 Stafford, VA 22556 Place of Performance: Massachusetts National Cemetery *Off Connery Avenue* Bourne, MA 02532 Description: This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested, and all solicitation provisions & clauses are incorporated in this announcement. All questions must be submitted no later than 02/01/2018 at 8:00 AM EST. Responses to this Request for Quotation (RFQ) are due to the Contracting Officer no later than 8:00 am EST on 02/05/2018. Responses to this announcement will result in a Firm-Fixed Price purchase order with FOB Destination and the Government intends to make award under this announcement without discussions. All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government. Offerors are responsible for obtaining any and all amendments or additional information concerning this announcement at https://fbo.gov. Prospective offerors must be registered with the System for Award Management (SAM) website and complete representations and certifications at https://www.sam.gov SDVOSB offerors must be verified with the Center for Verification and Evaluation (CVE) to participate under the Veterans First Contracting Program at the time of the response to this announcement at the following website: https://www.vip.vetbiz.gov . See VAAR clause 852.219-10 VA Notice of Total Service- Disabled Veteran Owned Small Business Set-Aside for additional information on the Veterans First Contracting Program requirements. Offers received from companies not registered in https://www.vip.vetbiz.gov will not be considered and ineligible for award. STATEMENT OF WORK PRICE SCHEDULE Scope: The Contractor shall Furnish, Deliver & Install (F.O.B. Destination within Consignee s Premises) Kentucky Bluegrass Sod within established burial Sections located at Massachusetts National Cemetery, Off Connery Avenue, Bourne, MA 02532 Site Visit: Offerors or quoters are urged and expected to inspect the site(s) where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect the site constitute grounds for a claim after contract award. If you plan to conduct a site visit / inspection at the Massachusetts National Cemetery, YOU MUST CONTACT the following cemetery personnel to make arrangements: Tim O Connor, Foreman............................................................. +1 (555) 000-0000 Richard Wallace, Assistant Director . +1 (555) 000-0000 FAX .............................................................................................+1 (555) 000-0000 Duration: The term of the contract is from October 1st, 2017 OR from Date of Award through September 30, 2022 with four (4) one-year renewal options. Unit Price: The unit cost indicated in the Schedule is all-inclusive and covers the manufacture, supply, delivery and installation of all sod ordered. Estimated Quantities: The quantities of supplies / services specified in the Price Schedule are estimates only and are not purchased by this contract. The Government anticipates ordering, and the Contractor furnishing, approximately 25,000 square feet of sod annually. Base Year: Date of Award thru September 30, 2018 CLIN DESCRIPTION EST. QTY UNIT UNIT COST TOTAL EST COST 001 Furnish, deliver, install and roll Kentucky Bluegrass Sod in cemetery burial sections. Burial sections will be raked, graded and prepared by cemetery staff prior to installation by contractor. All sod shall be furnished on an as-needed / as-requested basis. 25,000 SF $ ________ $ __________ Option Year I: October 1, 2018 thru September 30, 2019 CLIN DESCRIPTION EST. QTY UNIT UNIT COST TOTAL EST COST 101 Furnish, deliver, install and roll Kentucky Bluegrass Sod in cemetery burial sections. Burial sections will be raked, graded and prepared by cemetery staff prior to installation by contractor. All sod shall be furnished on an as-needed / as-requested basis. 25,000 SF $ _________ $ __________ Option Year II: October 1, 2019 thru September 30, 2020 CLIN DESCRIPTION EST. QTY UNIT UNIT COST TOTAL EST COST 201 Furnish, deliver, install and roll Kentucky Bluegrass Sod in cemetery burial sections. Burial sections will be raked, graded and prepared by cemetery staff prior to installation by contractor. All sod shall be furnished on an as-needed / as-requested basis. 25,000 SF $ _________ $ __________ Option Year III: October 1, 2020 thru September 30, 2021 CLIN DESCRIPTION EST. QTY UNIT UNIT COST TOTAL EST COST 301 Furnish, deliver, install and roll Kentucky Bluegrass Sod in cemetery burial sections. Burial sections will be raked, graded and prepared by cemetery staff prior to installation by contractor. All sod shall be furnished on an as-needed / as-requested basis. 25,000 SF $ _________ $ __________ Option Year IV: October 1, 2021 thru September 30, 2022 CLIN DESCRIPTION EST. QTY UNIT UNIT COST TOTAL EST COST 401 Furnish, deliver, install and roll Kentucky Bluegrass Sod in cemetery burial sections. Burial sections will be raked, graded and prepared by cemetery staff prior to installation by contractor. All sod shall be furnished on an as-needed / as-requested basis. 25,000 SF $ _________ $ __________ SUMMARY GRAND TOTAL COST BASE YEAR + ALL OPTION YEARS $ _______________________ (End of Price Schedule) DESCRIPTION / SPECIFICATIONS / WORK STATEMENT BACKGROUND Massachusetts National Cemetery (MNC) is located at Connery Ave., Bourne, MA 02532. Cemetery grounds encompass approximately 752 acres of land. MNC is a National Shrine that honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. The cemetery receives visitors, holds ceremonies and conducts committal services. Because of MNC s special significance and attention it receives from the public and media, strict adherence to the following specifications is essential. GENERAL REQUIREMENTS Completion Time: As sod is a perishable item and needs to be installed within several hours after being cut, the Contractor will complete sod installation on the same day (within 12 hours) that each individual delivery of sod is made to the cemetery. The COR shall reject any sod with (i) yellow leaves, (ii) signs of mold or mildew, (iii) is brown / straw like indicating sod has remained on pallets or has been stacked too long, or (iv) has reduced vigor and will establish poorly. Placement of Orders: The estimated quantity of square feet of sod indicated in the Price Schedule will not be needed all in one delivery, but as the cemetery continues to move through a particular burial section and has a need for more turf coverage. The Government anticipates ordering, and the Contractor furnishing, approximately 38,000 square feet of sod annually. Sod orders shall be placed on an as-needed / as requested basis in approximately 6,000 square feet increments from as soon as the Contractor is able to cut sod in the spring to as far into the fall/winter. Orders for sod at Massachusetts National Cemetery shall be placed by the COR or designee. At the COR s discretion, orders may be placed orally or by facsimile. Sod orders shall be placed on an as-needed / as requested basis in approximately 6,000 square feet increments. The cemetery will notify the Contractor of the need for a sod delivery 2-3 days before it needs to be installed. Sod Application: Sod shall be produced from Blue Tag certified seed as classified in the TPI Guideline Specifications to Turf Grass Sod. The composition of the grass species in the sod shall be a mix of 100% Kentucky bluegrass using a blend of at least 3 regionally adapted cultivars of Kentucky bluegrass. SOD INSTALLATION Massachusetts National Cemetery shall not provide any equipment in the installation of the sod. Cemetery personnel will be available to assist the contractor in the installation of the sod. Equipment shall be provided by the contractor for acceptable and timely installation of the sod. The sod shall be cut in rolls and with the width of the pieces not varying more than 0.5 inches to ensure installation ease and a uniform initial appearance and will be cut at a thickness of no more than 0.75 -1 inch thick excluding thatch and leaf length. All sod will be delivered to the work site the same day of installation. The Contractor shall make all necessary arrangements to protect sod from excessive drying and wind damage from the time it is harvested at the sod farm until it is delivered to the cemetery. The sod shall be laid in rolls expeditiously without interruption, until the work area is completely covered. All pieces of sod shall be cut and tightly fitted against one another without overlapping to eliminate any gaps or visible seams and shall be fitted around any obstructions. Watering of all newly installed sod will be completed by the cemetery staff. Debris & Waste Removal: The Government shall not provide receptacle(s) for disposal of debris related to this contract. Removal of all debris / waste away and off cemetery grounds is the Contractor's responsibility. Any debris left after the sod installation shall be cleaned up thoroughly and removed from the cemetery. At the end of each day, the Contractor will remove all debris from the cemetery site resulting from the work. The Contractor shall ensure at all times that debris and waste generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. RESPONSIBILITIES The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which is not to be removed and which does not interfere with the work required under this contract. The Contractor will take extreme precaution when installing and rolling sod not to hit, damage, mark or knock any headstones out of alignment. Due to weight requirements for equipment in pre placed crypt fields, at no time shall the Contractor drive any trucks or delivery vehicles into the crypt field to deliver the sod. The Contractor must contact the COR during adverse weather conditions as to not cause any undue tracking or rutting of turf. If these situations occur, the complete renovation of these areas will be at the expense of the Contractor. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party. The Contractor shall immediately notify the COR of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. Communication & Coordination of Work with COR: Contractor shall participate in regular meetings with Government personnel and other Contractors at the cemetery to coordinate contract work schedules and contract related issues. Communication with the COTR is strongly encouraged. Burial activities at NCA shall take precedence over contract work activities. Work activity and noise cannot disturb Burial Services. Trucks and workers are prohibited from passing through the service area during this period. Insurance, Licenses & Permits: The Contractor shall possess and maintain all necessary insurance, licenses and permits required for contract performance. Contractor is 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 Massachusetts The Contractor is responsible for repair and / or replacement of any damaged turf, headstones, structures and / or other property. REPRESENTATIVES OF THE CONTRACTING OFFICER The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally supervises the work to be performed under the contract. Such designation will be in writing and will define the scope and limitations of designee's authority. A copy of the designation(s) shall be furnished to the Contractor at time of award. The VA Contracting Officer will delegate one (or more) representatives to serve as the Contracting Officer s Technical Representative (COR). The COR may direct and arrange the Contractor s work schedule in specific areas of the cemetery to coordinate with daily cemetery activities and operations. Duties and responsibilities of the COR include day-to-day monitoring of the contract as follows: Providing contract oversight and technical guidance to the Contractor. Placing orders for services. Verification / certification of payments to the Contractor for services rendered. Assuring that any changes effecting work involved, price, terms and/or conditions under the contract are not implemented before written authorization is issued by the Contracting Officer. All administrative functions remain with the VA Contracting Officer. Any modifications to the contract, including those involving no-cost changes, increases and decreases in cost or level of services provided, termination or extension of the contract (in part or in whole) and decisions concerning claims or disputes, must be authorized in writing by the Government Contracting Officer. CONTRACTOR PERSONNEL Site Manager: The Contractor shall provide a Site Manager who will be responsible for the following: Directing, overseeing and coordinating the work involved. Staying abreast of all upcoming cemetery functions including special holiday events and interment activities. Ensuring that contract work does not cause any committal service, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity, security, or safety of the event or visit is compromised. The Site Manager will re-direct work throughout the rest of the Cemetery so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor fails to re-direct employees away from an event in a timely fashion, the COTR may then do so. Communication & Coordination of Work with COR: Communication with the COR (or designee) is strongly encouraged. Burial activities at the National Cemetery shall take precedence over contract work activities. Work activity and noise cannot disturb Burial Services. Trucks and workmen are prohibited from passing through the service area during this period. Note: To cause the least possible interference with cemetery activities, contract personnel will stop (cease) all work in areas where burials are taking place. As a general "rule-of-thumb", work should not take place within 1,000 feet of an ongoing committal service or ceremony. Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government shall provide, at the time of contract award, a list of Government personnel authorized to act as Contracting Officer's Representatives. Personnel Appearance Contractor personnel shall maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas. Contractor personnel shall be fully clothed at all times, to include an upper garment to cover the body from the waist to neck and long pants or slacks. Contractor personnel must wear a uniform bearing the name of the Contractor, or by wearing badges bearing the Contractor s name and the employee s name in English. Other clothing, in question, shall require the COR written approval. No clothing shall be worn with inappropriate phrases, logos, words or images as determined by the COR. Personnel Conduct Due to the sensitive mission of the cemetery, the work often requires contact with, and exposure to, grieving individuals. Contractor personnel must exercise and exhibit absolute decorum, composure and stability at all times. The Contractor employees shall behave with appropriate decorum, courtesy, and respect while within the Cemetery or at its perimeter or entrances. Shouting, cursing, angry outbursts, sleeping, intoxication, and violence or criminal acts of any kind will not be tolerated - and is cause for immediate removal from the Cemetery. The Contractor personnel shall not (1) lean, sit on or against headstones markers or monuments; (2) sleep or otherwise lay, rest or be idle in a manner that reflects unfavorably on the Government or the Contractor; and (3) Perform work of any nature on privately-owned vehicles/equipment, within the cemetery s confines, to include the washing of vehicles/equipment. Food and beverages shall be consumed only within areas designated by the COR. Use or sale of intoxicating beverages and/or drugs is strictly prohibited. The Contractor s personnel shall follow the cemetery smoking policy that is available at the Cemetery s Administration Building. The Cemetery shall provide to Contractor personnel restroom facilities at areas designated by the COR. Breaks and lunch periods shall be taken at areas designated by the COR, not in the field. Any misconduct listed above shall be cause for immediate removal from the cemetery premises. WORK HOURS Hours Of Operation: Sod services shall be performed Monday through Friday, with the exception of National Holidays (see National Holiday schedule below), between the hours of 7:00 a.m. 4:30 p.m. The Contractor may work during the weekends (Saturday & Sunday) during the hours of 8:00 a.m. 4:30 p.m., with advance notice to the COR. National Holidays: Contract personnel will not be required to work on the ten holidays observed by the Federal Government. Unless otherwise specified, when a holiday falls on a Sunday, the following Monday shall be the legal holiday as observed by the Federal Government. When a holiday falls on a Saturday, the preceding Friday shall be observed as the legal holiday. The ten holidays observed by the Federal Government are as follows: Holiday Date Month New Years Day 1st January Martin Luther King Jr. s Birthday 3rd Monday January President s Day 3rd Monday February Memorial Day Last Monday May Independence Day 4th July Labor Day 1st Monday September Columbus Day 2nd Monday October Veterans Day 11th November Thanksgiving Day 4th Thursday November Christmas Day 25th December Or any other day specifically declared by the President of the United States to be a National Holiday. MISCELLANEOUS Damage to Government Property The Contractor is responsible for safeguarding all Government property (permanent / temporary grave, markers, fences, ditches, street, signs, trees/scrubs, trash and flower containers, valve boxes etc.) on the cemetery grounds. The COR shall conduct a weekly inspection for damages and provide a written report to the Contractor and the Contracting Officer of all damages noted. The Contracting Officer shall be responsible for assessment of damages. Safety The Contractor must meet all safety requirements of Massachusetts National Cemetery's Safety Officer, Department of Veterans Affairs, OSHA, and the State of Massachusetts It is incumbent upon the Contractor to be familiar with these requirements. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the Safety Officer of Massachusetts National Cemetery. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the Contractor to give advice and reasonable protection, safety, and warnings to persons and vehicular traffic within the area. Contractor shall demonstrate a clear understanding of, and the sensitivity to, such environmental issues as groundwater contamination, wetlands, etc., and be consistent be and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations. Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents or employees, resulting from performance of this contract. Contractor will notify the COR (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident. This will be followed up by a written notice to the COR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted. (End of Work Statement) Proposal Format and Submission Information: Offers must be submitted on company letterhead. Commercial format is encouraged. All offerors shall include the following information as part of their quote: Legal Business/Company Name (as listed in www.sam.gov) DUNS Number Point of Contact Name Telephone number Email Address Proposals shall be submitted via email or via mail to the following addresses: Email: contact@example.gov Mail: 75 Barrett Heights Road Suite 309 Stafford, VA 22556 For proposals mailed, proposals shall be submitted on compact disk (CD) and files shall be in either Microsoft Word or Adobe pdf formats. DVDs are not acceptable as the Government computer is unable to read this media type. Any DVDs received in response to this announcement will be rated as technically unacceptable and removed from consideration. Questions pertaining to this announcement shall be sent by email to: contact@example.gov. Telephone inquiries will not be accepted. Proposal Evaluation: 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: (i) technical capability of the item offered to meet the Government requirement; Product Description offered in response to the solicitation Product Literature e.g. product brochure Affirmative acknowledgement of requested options i.e. list the nonstandard options to be included as part of the proposal Delivery time from placement of order placement Warranty information Past Performance Evaluations (ii) price NOTE: OFFERORS MUST PROVIDE DESCRIPTIVE LITERATURE, TO INCLUDE CURRENT WARRANTY PROVISIONS TO SUPPORT THE GOVERNMENT S EVALUATION OF THE OFFERED PRODUCT(s). The full text of FAR provisions and clauses may be accessed electronically at: http://farsite.hill.af.mil/ and https://www.acquisition.gov/?q=browsefar The following solicitation provisions apply to this acquisition: FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-22 Alternative Line Item Proposal FAR 52.211-6 Brand Name or Equal FAR 52.212-1 Instructions to Offerors Commercial Items FAR 52.212-3 Offeror Representations and Certifications Commercial Items FAR 52.215-1 Instructions to Offerors Competitive Acquisition FAR 52.232-15 Progress Payments Not Included FAR 52.252-3 Alterations in Solicitation FAR 52.252-5 Authorized Deviations in Provisions FAR 52.203-98 (DEVIATION) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation VAAR 852.273-74 Award without Exchanges Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following solicitation clauses apply to this acquisition: FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-12 Unique Entity Identifier FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Reporting FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services FAR 52.211-16 Variation in Quantity FAR 52.211-17 Delivery of Excess Quantity FAR 52.212-4 Contract Terms and Conditions Commercial Items FAR 52.219-9 Small Business Subcontracting Plan FAR 52.219-14 Limitations on Subcontracting FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside FAR 52.219-28 Post-Award Small Business Program Representation FAR 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.227-1 Authorization and Consent FAR 52.232-1 Payments FAR 52.232-8 Discounts for Prompt Payments FAR 52.232-11 Extras FAR 52.232-23 Assignments of Claims FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.233-3 Protest after Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.242-15 Stop-Work Order FAR 52.242-17 Government Delay of Work FAR 52.243-1 Changes Fixed-Price FAR 52.246-2 Inspection of Supplies Fixed Price FAR 52.246-15 Certificate of Conformance FAR 52.246-16 Responsibilities for Supplies FAR 52.246-17Warranty of Supplies of a Noncomplex Nature FAR 52.247-34 F.O.B. Destination FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price)(Short Form) FAR 52.249-8 Default (Fixed-Price Supply and Service) FAR 52.250-1 Indemnification Under Public Law 85-804 FAR 52.251-1 Government Supply Sources FAR 52.253-1 Computer Generated Forms FAR 52.223-3 Hazardous Material Identification and Material Safety Data FAR 52.252-6 Authorized Deviations in Clauses FAR 52.203-99 (Deviation) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements VAAR 852.203-70 Commercial Advertising VAAR 852.211-70 Service Data Manuals VAAR 852.211-73 Brand Name or Equal VAAR 852.215-70 Service Disabled Veteran Owned and Veteran Owned Small Business Evaluation Factors VAAR 852.232-72 Electronic Submission of Payments Requests VAAR 852.246-70 Guarantee VAAR 852.246-71 Inspection FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (January 2017) the following subparagraphs of FAR 52.212-5 are applicable: (b)(4), (b)(19), (b)(21), (b)(22), (b)(25), (b)(26), (b)(27), (b)(28), (b)(28)(Alt I), (b)(30), (b)(33)(i), (b)(34), (b)(44), (b)(48), (b)(51) 001AL-11-15-1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set Aside (DEC 2009). 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.