36C10D25Q0053.docx

36C10D25Q0053

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

VA

F36B345-25-0000010 36C10D25Q0053 02-19-2025

BERTHA LEGUIZAMON

602-627-2797 03-04-2025

3PM

EST

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006 X X 561612 $29 Million N/A X Department of Veterans Affairs Veterans Benefits Administration Phoenix Regional Benefit Office 3333 N. Central Avenue Phoenix

AZ

85012 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

All invoices must be submitted via electronic submission at:

www.tungsten-network.com/customer

See CONTINUATION Page The Phoenix Regional Benefit Office has a need for Armed Guards Security Services in accordance with the Statement of Work.

This RFQ is 100% Set Aside to Service Disabled Veteran Owned Small Businesses registered in https://sam.gov/ under applicable NAICS 561612.

WAGE DETERMINATION 2015-5469 REV 26 DATED 12/23/2024 applies to this RFQ.

To be deemed eligible for evaluation and award quoter's must complete formal certification and fill-in of:

VAAR 852.219-75 VA Notice of Limitations on Subcontracting, Certificate of Compliance for Services and Construction

(JAN 2023) (DEVIATION)

See CONTINUATION Page X X Bertha V. Leguizamon

VBA15L2-1608

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Bertha V. Leguizamon Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. 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.

All invoices must be submitted via electronic submission at:

www.tungsten-network.com/customer ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

5 Armed Security Guard per the Statement of Work. All quantities are estimates and are not guaranteed. Vendor will invoice for actual hours worked.

Contract Period: Base POP Begin: 04-01-2025 POP End: 04-30-2025

5 Armed Security Guard per the Statement of Work. All quantities are estimates and are not guaranteed. Vendor will invoice for actual hours worked.

POP Begin: 05-01-2025 POP End: 05-31-2025

5 Armed Security Guard per the Statement of Work. All quantities are estimates and are not guaranteed. Vendor will invoice for actual hours worked.

POP Begin: 06-01-2025 POP End: 06-30-2025

5 Armed Security Guard per the Statement of Work. All quantities are estimates and are not guaranteed. Vendor will invoice for actual hours worked.

POP Begin: 07-01-2025 POP End: 07-31-2025

5 Armed Security Guard per the Statement of Work. All quantities are estimates and are not guaranteed. Vendor will invoice for actual hours worked.

POP Begin: 08-01-2025 POP End: 08-31-2025

5 Armed Security Guard per the Statement of Work. All quantities are estimates and are not guaranteed. Vendor will invoice for actual hours worked.

POP Begin: 09-01-2025 POP End: 09-30-2025

B.3 DELIVERY SCHEDULE

Phoenix Regional Benefit Office 3333 North Central Avenue

PHOENIX, AZ 85012 2436

USA

602-627-2809 janet.smylie@va.gov

Phoenix Regional Benefit Office 3333 North Central Avenue

PHOENIX, AZ 85012 2436

USA

Phoenix Regional Benefit Office 3333 North Central Avenue

PHOENIX, AZ 85012 2436

USA

Phoenix Regional Benefit Office 3333 North Central Avenue

PHOENIX, AZ 85012 2436

USA

Phoenix Regional Benefit Office 3333 North Central Avenue

PHOENIX, AZ 85012 2436

USA

Phoenix Regional Benefit Office 3333 North Central Avenue

PHOENIX, AZ 85012 2436

USA

B.4 STATEMENT OF WORK

1. Introduction This Statement of Work (SOW) outlines the requirements for armed security guard services at the Veterans Benefits Administration, Phoenix Regional Benefit Office. Services are required on April 1, 2025.

The Phoenix Regional Benefit Office lease was converted to a GSA lease July 25, 2024. The lessor requires Federal Protective Services(FPS) for armed guard services. This contract is intended to fill the VARO’s armed guard services needs until FPS is fully operational.

The contract will be extended a month at a time per the schedule. The contractor shall provide all labor, equipment, and supervision necessary to perform the tasks below.

2. Scope of Work The contractor shall furnish (5) five-armed security guard services in accordance with this SOW to ensure the safety and security of the Phoenix Regional Office premises, employees, visitors, and property from 5:30 AM to 6 PM, Monday through Friday. The services shall include, but are not limited to, the following:

a) Access control

b) Surveillance and monitoring

c) Incident response

d) Reporting

e) Routine patrolling of the outside of the parameter of the building.

f) Operating security machines.

g) Facility and gate to government vehicles are entirely secured in the evening.

h) Detainment or removal of unruly visitors.

Tour of Duty Monday through Friday:

a) 5:30 a.m. to 8:00 a.m. - 3 Armed Guards

b) 8:00 a.m. to 2:00 p.m. - 5 Armed Guards

c) 2:00 p.m. to 4:00 p.m. – 4 Armed Guards

d) 4:00 p.m. to 6:00 .m. – 2 Armed Guards

The Phoenix RO is closed on weekends and federal holidays. For current dates see the US Office of Personnel Management Federal Holidays.

3. Key Responsibilities

3.1. Access Control

a) Verify identification and credentials of all individuals entering the premises.

b) Maintain a visitor log and issue visitor badges.

c) Prevent unauthorized entry.

d) Observe all personnel entering facility when suspected of carrying weapons, showing hostility, or being unauthorized personnel (e.g., children unaccompanied by adults or solicitors).

e) Maintain law and order within all assigned areas.

f) Discover and report to SSD personnel any persons attempting to gain unauthorized access to the property security and fire systems: Monitor building fire and intrusion detection systems and other protection devices or building equipment.

g) Observe building occupants and visitors for compliance with posted laws and regulations. Violations should be reported to SSD personnel and the Supervisory Support Services Specialist or designee.

h) Perform such other functions as be necessary for the event of situation or occurrences such as bit limit to civil disturbances, power outages, protests, extreme weather, or criminal acts adversely affecting the security and safety of the government, its employees, property, and public lawfully on buildings or the grounds under the control of the Government.

i) Injury or illness: Obtain professional assistance in the event of damage or illness to Government employees or others while in the building or on the grounds.

j) Emergencies: In the case of an emergency, the guard will respond per the Disaster Plan, the VA provided guidance, and the Contractor's provided training.

k) Remaining calm and professional is the minimum expectation. If the guard, in response to an emergency, is required to leave the post to comply with VA or Law Enforcement directives, the time away from the duty post will not be considered a failure of the Contractor to provide services.

l) Hazardous conditions: Report daily, per procedure in the Standard Operating Procedures, potentially dangerous situations and items needing repair, including inoperative lights, leaky faucets, toilet stoppages, broken or slippery floor surfaces, etc.

m) Reports and records: Maintain the daily log and save to the CASS Security completed activity log folder on the Shared VA H-drive. Completes other VA forms necessary to document events. Perform routine clerical duties associated with this position.

n) Lost and found: Receive, issue receipt, and store found articles pending disposition.

o) Panic Alarm Test: Conduct monthly testing of all panic alarms on the station. Documentation of completed testing will be sent via email to the Contracting Officer's Representative (COR) and designated VA Police Officer(s).

p) Additional duties: Turn off unnecessary lights, check safes, lock-type repositories and cabinets, open and secure doors and Government vehicle parking gates, etc. at end of shift.

3.2. Surveillance and Monitoring

a) Monitor CCTV cameras and alarm systems.

b) Conduct regular inspections of the premises, including entry points and secure areas.

c) Ensure security equipment is operational and report any malfunctions.

3.3. Incident Response

a) Respond promptly to alarms, disturbances, or other security incidents.

b) Coordinate with local law enforcement and emergency services as necessary.

c) Provide first aid and basic emergency assistance if required.

3.4. Reporting

a) Document and report all incidents, suspicious activities, and security breaches.

b) Prepare daily activity logs and incident reports.

c) Communicate regularly with the designated office contact person.

3.5. Routine Patrolling

a) Conduct regular patrols of the interior and exterior of the premises.

b) Check for signs of vandalism, theft, or other security breaches.

c) Ensure all doors and windows are secured after hours.

d) Will be required to walk the perimeter of the building (4) times per day. Once between the following hours.

-5:30 a.m. and 6:30 a.m.

-10: 30 a.m. and 11:30 a.m.

-2:30 p.m. and 3:30 p.m.

-5:00 pm. and 6:00 p.m.

5. Qualifications and Training

5.1. Security Guard Qualifications

a) Must be at least 21 years old.

b) Must have a high school diploma or equivalent.

c) Must have a valid armed security guard license for the state of Arizona.

d) Must pass a criminal background check and drug screening.

e) Meet and deal successfully with the public.

f) Maintain poise and self-control under stress.

g) Conduct “Stop & Question” of persons found in closed areas, halls, locked areas, parking lots, or VA property to ensure no criminal activity has occurred.

h) Use, word processor, and or computer terminal to complete reports and correspondences.

i) Will not have a criminal record, which is unacceptable for security enforcement personnel. Documentation of Criminal Background/Warrant check must be provided to Contracting Officer before an employee can begin work.

j) Will be capable of being bonded.

5.2. Training Requirements

a) Must complete a training program approved by the Arizona Department of Public Safety.

b) Must be trained in the use of firearms, first aid, CPR, and emergency response procedures.

c) Must participate in ongoing training and certification programs as required.

d) To be eligible to perform under this contract, each contract employee must complete the required training before award/employment. Both the Contractor and the Government will provide training. Employees will maintain the current training. Non-compliance may result in building and/or computer access removal.

e) Government-furnished training: Training will include but is not limited to the following: Annual VA Privacy and Information Security Awareness/HIPAA and Rules of Behavior, Annual Employee Certification of Veteran Status and Veteran- Relatives, and VBA Date-Stamp Accountability Policy. Most training will be available online through the VA Talent Management System. Each employee must register for access and complete the required training by the assigned due date(s).T

f) The Contractor furnished training: The Contractor will submit to the Contracting Officer written certification that each contract employee has been trained before assignment under this contract. For replacement or new employees, documentation must be completed before being employed to support this contract.

g) The Contractor furnished training: All formal training required will be presented by certified or qualified persons to instruct the specific subjects needed. Certification to instruct the topic will be in the form of a certificate issued by an accredited institution of learning (school, college, university, etc.), a governmental (Federal, State, County, etc.) educational certification body (agency, board, commission, etc.) or by documentation that the person instruction has sufficient experience in the subject matter to be able to instruct the subject in an authoritative, practical, and current manner.

6. Work Schedule

a) Security services shall be provided from 5:30 a.m. to 6:00 p.m., Monday through Friday.

b) A minimum of three armed guards shall be on duty during operational hours of 8 a.m. to 4 p.m.

c) The Regional Office will be closed on weekends and holidays.

7. Equipment and Uniforms

a) The contractor shall provide all necessary equipment, including firearms, communication devices, and protective gear.

b) Guards shall wear uniforms that match and are clean, presentable, and clearly identify them as security personnel.

c) The uniform will only be worn when the guard is on official duty or when guard is in transit between the place and residence and the duty station.

d) Shoes will be low quarters or high topped, lace type with police or plain toe and standard heel. The color will match the color of the leather equipment accessories.

e) Supplementary Equipment: Each guard on duty will be equipped with additional equipment including, but not limited to, notebooks, pens, pencils, replacement flashlight batteries and bulbs, and traffic control safety apparel (reflective vests, gloves, traffic baton, etc.), as appropriate to operations. Guard will not be permitted to provide themselves any unauthorized supplemental, personal items, or other non-standard items that distract from their duties.

8. Government-Furnished Property and Services:

a) FAR Clause 52.245-2 Government Property contains the basic requirements for the operation, maintenance, and protection of government property. Below are some fundamental government properties relevant to this contract.

b) Operating Procedures: Procedures for this location will be available electronically and may be printed as necessary for guards at the duty post. Procedures include but are not limited to Occupant Emergency Plan and Building Rules. Procedures will contain emergency instructions (fires, bomb threats, medical emergencies, etc.), maintenance/service calls, parking, building hours, etc. Hard copies of operating procedures will not be removed from Government property. Electronic copies of operating procedures will not be forwarded unless authorized by the Contracting Officer or COR VA reserves the right to update operating procedures as required by regulations, policies, procedures, or Executive Orders issued by the President of the United States. Most changes should be minor and have no impact on the terms and conditions of this contract. In the event of significant changes, the Contracting Officer will address the issues in writing to the Contractor. As far as possible, the Contractor's Staff will implement any change immediately and address any conflicts or problems through the Contractor to the Contracting Officer.

c) Guard Area: The guard will be provided with a workspace.

d) Security Equipment: The Phoenix RO has a security camera system, fire alarms, a panic button system, scanners and magnetometer, and an internal intrusion system for certain restricted areas.

e) Telephones: A telephone will be available for the Contractor's Staff to use to fulfill the requirements of this contract. Any use of the telephones for other than VA-related business is inappropriate and may be grounds for removal of the Contractor's Staff.

f) Keys: VA will provide the following keys to the Contractor. The Contractor will be held liable for neglect or misuse of the keys. If at any time during the contract, the Contracting Officer, COR, or designee requests the keys and the Contractor cannot produce them within 1 hour, or if a key is lost, stolen, or misplaced during this contract, the Contractor will be responsible for replacing all the keys and locks in the Phoenix R.O. If a key is lost, stolen or misplaced during this contract, the Contractor has 1 hour to notify the Contracting Officer, C.O.R., or designee. Keys will be sign out daily on a key log sheet.

g) Key Ring 1-One Grand Master Key, fire exit key, AA4 electrical closets, rapid scanner key, GOV gate key, parking gate key, 2 panic alarm key. This Key ring will be left on site locked in a safe at the Guards desk.

h) Access Cards: The VA will provide access cards to the Contractor. The Contractor will be held liable for neglect or misuse of the cards. If the access cards are lost, stolen, or misplaced during this contract, the Contractor will be responsible for replacing the cards. Lost or stolen cards must be reported to the COR or designee and VA Police within 24 hours or the next business day of discovery of the loss or theft. If at any time during the contract, the Contracting Officer or designee requests the access cards and the Contractor cannot produce them within 1 hour if on a property or by the next business day if a non-duty day, the Contractor will be responsible for replacing the access cards at the Contractor's expense. When a Contractor terminates employment, access cards must be surrendered during the exit process from their employer.

i) A PIV Card will be issued to each guard and required for computer access and entry into the building, elevator lobby, and other restricted areas. When the cardholder is not employing their PIV credential to provide logical or physical access, the card should be kept inside an electromagnetically opaque sleeve. It shall be worn and visible above the waist on the outermost garment with the photo-side visual. The PIV card shall not be pierced, punched, or embossed and shall be free of any visually altering element such as stickers, permanent or temporary symbols, or the affixing of any device (e.g., tenure pin, service pin, lapel in, etc.). When a Contractor terminates employment, the PIV Card must be surrendered during the exit process from their employer.

j) A Parking Badge will be issued to each guard, and they will be required to gain entry to the employee parking lot. NOTE: Parking is not guaranteed. VA reserves the right to terminate parking access on the property to ensure adequate parking spaces for VA employees.

9. Performance Standards and Conduct

a) Guards shall maintain a professional demeanor and appearance at all times.

b) Guards shall adhere to all relevant laws, regulations, and office policies.

c) The contractor shall conduct regular performance evaluations and address any issues promptly.

d) The Contractor will be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and for taking such disciplinary action with respect to all contractor employees as necessary. The Contractor is also responsible for ensuring that their employees do not disturb papers on desks, open drawers, or cabinets or use Government telephones, except as authorized. Each guard is expected to adhere to standards of behavior that reflect credit to themselves, their employer, and the Federal Government.

e) The Contractor and Staff will comply with Homeland Security Presidential Directive-12 (HSPD-12), NIST 800-53, Office of Management and Budget (O.M.B.) guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. The Contractor and Staff will comply with the Privacy Act, Security, and HIPPA.

f) The contractor personnel will report to Contracting Officer and the COR any information or circumstances they are aware of that may threaten the security of VA personnel, contractor personnel, resources, and classified and unclassified information.

g) The Contractor will not hold any discussions or release any information relating to the contract to anyone not having a direct interest in this contract's performance without the Contracting Officer's written consent or the COR. This restriction applies to all news releases of information to the public, industry, or Government agencies.

h) The Contractor will not advertise information about projects performed for this contract without Government review and approval. Advertisement is considered but not limited to promotional brochures, posters, tradeshow handouts, world-wide-web- pages, magazines, newspapers, and similar promotions.

10. Reporting and Communication

a) The contractor shall designate a point of contact for all communications with the Phoenix Regional Office.

b) Regular meetings shall be held to review performance, address concerns, and update security procedures.

c) The contractor shall provide a monthly report summarizing activities, incidents, and any recommendations for improvement.

11. Payment and Invoicing

a) VA uses electronic invoice submissions in the

· www.tungsten-network.com/customercampaigns/veteransaffairs

b) In addition to the electronic invoice, the contractor shall submit monthly invoices detailing the hours worked and services provided.

c) Payment shall be made within 30 days of receipt of a valid invoice.

d) Any discrepancies in billing must be resolved within 10 business days.

12. Termination

a) The contract is anticipated to be terminated due to Federal Protective Services being assigned to provide the services for the GSA leased building.

b) Immediate termination may occur in the event of a material breach of contract, illegal activities, or gross misconduct.

13. Confidentiality

a) The contractor and its employees shall maintain the confidentiality of all sensitive information encountered during the course of their duties.

b) Any breach of confidentiality may result in immediate termination of the contract.

c) Must be able to maintain the confidentiality of the position. Must be able to maintain the confidentiality of restricted information and reports of personal nature. If information is disclosed intentionally or unintentionally, the Contractor and the Contractor's Staff will keep that information strictly confidential and provide protections to prevent the unauthorized disclosure of such information, including, but not limited to, the protection required by applicable federal, state, and local laws and/or regulations regarding the security. The confidentiality of Veteran/employee information includes, but is not limited to, the Health Insurance Portability and Accountability Act (HIPPA). Will not remove any record or copies of any record or sensitive information from government property.

d) Recording Tour of Duty: Each contractor employee has two required VA methods for reporting to duty to ensure accountability. The first is to verify by signing in when reporting for duty and signing out when leaving at the end of the workday using the Daily log. The second method is bypassing their VA issued badge on the card reader in the main lobby upon entrance to the building throughout the day.

e) Reporting Staff-Hours Provided: The Contractor will submit to the COR on the last working day of the month a verification report showing the staff hours provided. The Contractor will certify the report as to its accuracy. The VA will use the verification report to verify compliance with the staff-hour requirements of the contract.

f) Removal from Duty: The Government may also request the Contractor to immediately remove any employee(s) from the worksite(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons or who are found to be unfit for performing security duties during their tour of duty. The Contractor must comply with these requests. For clarification, a determination of unfit may be made for, but not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below:

i. Violation of VA Rules and Regulations addressed in VA training and orientation

ii. Violation of Federal, State, or local laws, rules, and/or regulations

iii. Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, and refusing to render assistance or cooperate in upholding the integrity of the security program at the work site.

iv. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

v. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also, participating in disruptive activities that interfere with the normal or efficient operations of the Government.

vi. Theft, vandalism, immoral conduct, or other criminal actions

vii. Selling, consuming, or being under the influence of intoxicants, drugs, or other substances that produce similar effects.

viii. Improper use of official authority or credentials.

ix. Unauthorized use of communications equipment or Government property.

x. Violation of security procedures or regulations

The Contracting Officer, COR, or Highest-Ranking VA Authority on site, will make all determinations regarding removing any employee from the worksite. If requested, the Contracting Officer will provide specific reasons for the removal of an employee to the Contractor in writing. In a dispute, the Contracting Officer will make the final determination.

Suppose the Contracting Officer finds it in the best interest of the Government. In that case, they may, at any time during the performance of this contract, order the Contractor to remove any of their personnel from further versions under this contract for reasons of their moral character, unethical conduct, security reasons, and violation of on-site building rules. Suppose it becomes necessary to replace any Contractor personnel for the above reasons. In that case, the Contractor will bear all costs associated with such removal, including the fees for returning any person so removed. These charges will not be chargeable to the Government.

This contract intends to provide guard services with a minimal impact on VA staff.

The ordinance, Taxes, Permits, and Licenses Without additional cost to the Government, the Contractor will:

· Fully comply with all local, City, State, and Federal laws, regulations, and ordinances.

· Vendor must be Licensed in accordance with the Arizona Department of Public Safety. Licensing Unit : Arizona Department of Public Safety Licensing Unit

· Be liable for all applicable Federal, State, and local taxes.

· Obtain and pay for all permits and licenses governing the performance of the contract per industry standards.

36C10D25Q0053

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within contract expiration..

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.4 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

(a) Definition. As used in this clause, ‘‘contract’’ means any contract, agreement, order or other instrument and encompasses the definition set forth in FAR…