36C10X20R0019-0001000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 04-18-2020

NONE

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 To all Offerors/Bidders

36C10X20R0019 04-16-2020

X X X

X The purpose of this Ame n dment is to provide a correct copy of the Solicitation.

See attached copy of corrected RFP, with Price Schedule Period of Performance of June 1, 2020 – May 31, 2021, plus One Option Year.

As a result of this Amendment, there is no change to the dates for Questions or Proposals.

Kevin Armillotti Contracting Officer 36C10X20R0019 | VA –LETC Student Offsite Lodging

PAGE 2 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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C10X20R0019 04-16-2020 Dante Ruiz (Dante.Ruiz@va.gov) 240-215-1654 04-2 -2020 430pm 21703 Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 X x X 721110 $32.5 Million X N/A X 36C10X U.S. Department of Veterans Affairs OPAL | Strategic Acquisition Center 5202 Presidents Court, Suite 103 Frederick MD 21703 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

TBD

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917 1-(877)-489-6135 See CONTINUATION Page The Department of Veterans Affairs (VA) Law Enforcement Training Center (LETC ) Student Offsite Lodging See B.2 Price/Cost Schedule and B.3 Performance work Statement Contract Type: Firm Fixed-Price Period of Performance: Estimated June 1, 2020- May,31 2021 With One (1) one-year Option Period.

Questions are due no later than April , 2020 at 12:00PM ET All offers are due no later than April 2 , 2020 at 4:30PM ET

TIERED EVALUATIONS-PLEASE SEE E.2 EVALUATION APPROACH

CORRECT RFP

TBD

See CONTINUATION Page X Kevin Armillotti Contracting Officer

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: TBD

b. GOVERNMENT: Contracting Officer Department of Veterans Affairs Strategic Acquisition Center – Frederick 36C10X

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.

TUNGSTEN (fka OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Contracting POC: TBD COR (Contracting Officers Representative): TBD Contract/Task Order Number: TBD Purchase Order Number: TBD

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

· http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

5. LIMITATIONS ON SUBCONTRACTING- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE. 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.

6. ACKNOWLEDGMENT OF AMENDMENTS:

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

Base Period (Period of Performance: June 1, 2020 – May 31, 2021)

Option Period One (Period of Performance: June 1, 2021 – May 31, 2022)

36C10X20R0019 | VA –LETC Student Offsite Lodging

36C10X20R0019 | VA –LETC Student Offsite Lodging

**********************END OF B.2 PRICE/COST SCHEDULE**********************

B.3 PERFORMANCE WORK STATEMENT

1.0 BACKGROUND

The Department of Veterans Affairs (VA) Law Enforcement Training Center (LETC) is a franchise fund site authorized pursuant to the Government Management Reform Act of 1994 (Public Law 103-356). The Act authorizes designated agencies to provide certain common administrative support services on a reimbursable basis both internally and to other government agencies. In 2006, permanent status was conferred upon the VA Franchise Fund under the “Military Quality of Life and Veterans Affairs Appropriations Act 2006,” Public Law 109-114. Consequently, the VALETC receives no federally appropriated funding and is required to market VALETC services to customers.

The VALETC provides training for federal police officers working in health care or service-oriented environments. Students who travel to the LETC facility for training are provided lodging and meals that are inclusive of the course tuition.

The VA LETC requires a lodging management service to obtain acceptable overflow lodging for students at a fixed room rate for up to 300 students at a time within a 7-mile radius of the VA LETC Training Center.

2.0 APPLICABLE DOCUMENTS

1. Public Law 103-356 Government Management Reform Act of 1994

2. Federal, State, and City codes regarding operations of this type of service.

3. Hotel and Motel Safety Act of 1990 (Public Law 101-391)

4. U.S. Fire Administration Hotel and Motel Master list found at (http://usfa.fema.gov/hotel/search.cfm)

5. Lodging facilities shall be compliant with requirements of National Fire Protection Association (NFPA) 101, Life-Safety Code (http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101)

3.0 SCOPE OF WORK

The VA in North Little Rock, Arkansas requires a vendor to provide facility, labor, materials, insurance, licenses and equipment required to provide up to 300 daily rooms to VA-LETC students. Lodging facilities shall be compliant with the requirement of the Hotel and Motel Safety Act of 1990 (Public Law 101-391) and shall be listed on the U.S. Fire Administration Hotel and Motel Master list found at (http://usfa.fema.gov/hotel/search.cfm). Lodging facilities shall be compliant with requirements of National Fire Protection Association (NFPA) 101, Life-Safety Code (http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101)

The Contractor shall provide lodging management services to locate, reserve and provide adequate lodging, as defined in this Performance Work Statement (PWS), for up to 300 students within a 7-mile radius of the VA Law Enforcement Training Center (LETC), 2200 Fort Roots Drive, North Little Rock, AR, 72114.

With the approval of the COR, the radius for lodging may be expanded to 12 miles from the VA-LETC facility.

Daily lodging shall be provided for the duration requested in the roster to include weekends and holidays.

4.0 PERFORMANCE DETAILS

4.1 TYPE OF CONTRACT

This is a Firm-Fixed-Price Contract.

4.2 PERFORMANCE PERIOD

The period of performance shall be for a 12-month Base Period and One (1) 12-month Option Period.

The following Federal holidays are observed by VA LETC:

4.3 The Contractor shall maintain a work schedule that coincides with VA LETC schedule during the performance period.

5.0 PLACE OF PERFORMANCE

All Contractor work shall be performed at its facilities. The Government will not provide workspace under this agreement. Lodging may be provided at multiple locations with at least one location near the Little Rock National Airport and one location near the VA Law Enforcement Training Center facility.

6.0 TRAVEL

The Government will not reimburse any travel expenses incurred by the contractor.

7.0 SPECIFIC TASKS

The Contractor shall locate, reserve, and provide lodging, in addition to providing lodging management services as outlined below. The Contractor shall participate in a kick-off meeting within 10 days of award. The kick-off meeting will be conducted via teleconference.

7.1 LODGING MANAGEMENT SERVICES

The Contractor shall locate and reserve rooms for up to 300 students listed on the roster provided by the Government. The Government will pay the contractor one consolidated daily lodging fee to cover the cost of the actual lodging and the lodging management service fee. The Contractor shall pay the lodging facility for the actual lodging. The tentative class schedule is provided at (Attachment A, Class Schedule). VA reserves the right to change the schedule at any time.

a. A preliminary class roster will be provided to the Contractor 30 days and 14 days prior to the start of each training session. The class roster shall specify names of students, the number of students authorized lodging and the number of nights lodging authorized. The Contractor shall allow for substitutions of named individuals on the arrival date without charge. The Government reserves the right to make changes 24 hours in advance without incurring any penalty or cost for CANCELLATION. If the Government cancels after the 24-hour notification window; then the Government authorizes payment for one night. The Government will only pay for the actual nights that students were in residence at the lodging facilities. Any special needs or accommodations related to handicap accessibility required will be annotated on the roster.

b. The Government will not be responsible for damages caused by the persons occupying the rooms covered under this contract or expenses incurred by these persons other than those prescribed in the provisions of this contract. The Contractor shall be responsible for notifying the COR if damages occur and are found prior to checkout.

c. The Government is not responsible for payment for incidentals such as long-distance 98 phone calls, television charges, room service, or laundry services.

d. The Government will not be responsible for the cost of any extra-nights lodging incurred by the students arriving earlier than the contracted arrival day or departing later than the contracted departure date unless notified and approved by the CO in advance. The Government will not be responsible for additional occupancy charges or fees incurred by the student or guests or family of the students.

e. The day after check-in, the Contractor shall submit to the COR via email the name(s) of all student(s) who has/have checked into the lodging facilities. This information shall be captured on the (Attachment B Lodging Summary Sheet). The contractor shall continue to provide updates to the guest’s check-in and out throughout the scheduled time of the class’s arrival and departure, as well as all room assignment changes, etc. The information provided shall include a confirmation of the number of rooms actually being occupied by LETC guests. All rooms reserved but not used due to “No Shows” may be released the day after scheduled check- in.

7.2 STUDENT LODGING REQUIREMENTS

The Contractor shall provide daily lodging for up to 300 students within a 7-mile radius (or 12-mile radius described under paragraph 3.0, if approved) of the VA-LETC facility. One lodging facility shall be used to the greatest extent possible, for all students and is deemed the primary lodging facility. All non-primary lodging facilities must be within the general proximity of the primary facility. Daily lodging shall be provided for the duration requested in the roster to include weekends and holidays. The Contractor shall be capable of providing handicap accessible rooms.

7.2.1 ROOM QUALITY

All lodging facilities must hold a Little Rock/North Little Rock general business privilege license to conduct business.

Lodging facilities shall be compliant with the requirement of the Hotel and Motel Safety Act of 1990 (Public Law 101-391) and shall be listed on the U.S. Fire Administration Hotel and Motel Master list found at (http://usfa.fema.gov/hotel/search.cfm). Lodging facilities shall be compliant with requirements of National Fire Protection Association (NFPA) 101, Life-Safety Code (http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101).

7.2.2 AMENITIES

The Contractor shall ensure all of the following are provided:

36C10X20R0019 | VA –LETC Student Offsite Lodging |

· Single Occupancy

· Telephone Services for Local Calls

· Iron & Ironing Board

· Television W/ Remote

· Coffee Pot

· Microwave

· RefrigeratorDaily Housekeeping Service

· Laundry Facility on Premises

· Complimentary Internet Access

· Complimentary Parking

· Complimentary Hot Breakfast (Preferred)

· On Dining Facility (Preferred)

7.2.3 CLEANLINESS

Floors, baseboards, stairways, carpets, corners and wall edges shall be free of dirt, dust and debris. Glass and mirrors shall have no traces of film, dirt, smudges or water. Carpets shall be securely installed to avoid tripping hazards and shall not be torn. Windows shall be free of stain, dust and mold. Ceiling tiles and light fixtures shall be free of stains and mold. Restrooms shall be clean, disinfected, and free of dirt, deposits, streaks and odors. Walls shall be structurally sound and not have holes or tears. There shall be no evidence of roaches, ants or any other pests that my cause an unhealthy environment.

7.2.4 SAFETY AND SECURITY

Lodging providers shall demonstrate policy and procedure implemented to provide for the physical safety and security of its patrons i.e.; security guards, video surveillance and well-lit parking. The Government reserves the right to check the Little Rock/North Little Rock Crime report websites to document the level of crime at the lodging facility throughout the period of performance.

7.2.5 PARKING

On-site parking must be well-lit, safe and within close proximity of the facility.

7.2.6 GENERAL CONTRACTOR REQUIREMENTS

7.2.6..1 Professional Conduct:

All communications, verbal and non-verbal, by contractor personnel with VA-LETC staff and students shall be courteous and professional.

7.2.6..2 Emergency Assistance:

In the event of any emergency situation involving a VA-LETC student, the Contractor shall contact appropriate parties, including 911, to respond to the emergency. In addition, the COR shall be notified by phone or email as soon as possible.

7.2.6..3 Regulatory requirements:

The Contractor shall provide the services as stated in the task order requirements. Contractor’s facility shall be in compliance with requirements listed under paragraph 2.0 Applicable Documents.

7.2.6..4 All contractor staff shall be qualified for the tasks performed under this contract and shall be legally authorized to work in the United States.

8.0 DELIVERABLES:

Base and Option Period

9.0 PERFORMANCE METRICS

9.1 INSPECTION and ACCEPTANCE

The COR shall be responsible for inspecting and accepting services in accordance with the Performance Objectives for the Task Order and Federal Acquisition Regulation clauses 52.2464.

The VA-LETC, utilizing the COR, reserves the right to inspect the lodging facility at any time prior to contract award and during the contract period of performance, to ensure a safe and healthy environment for VA-LETC students.

9.1.1 Student Discrepancy Resolution Process:

The Contractor shall develop a student discrepancy resolution process to address issues identified.

9.1.2 (Attachment C Lodging Survey):

Performance will be monitored utilizing a Lodging Survey form to address issues with facility cleanliness, staff courtesy, overall quality, rooms provided, security issues, and the quality of services provided. The COR will notify the Contractor of feedback received related to lodging facilities.

9.1.3 Contractor Resolution:

The Contractor shall provide a corrective action plan to the COR within five (5) business days of receipt of notification.

The COR will investigate and validate all student complaints. All complaints will be provided to the Contractor and to the lodging facilities point of contact. If the complaint involves basic necessities: Electricity, plumbing, or any amenities listed above or poses a threat to health and safety, then the person shall be moved to another room without cost to the Government. If the issue cannot be satisfied by moving the person to another room in the lodging facility, the Government may move the person to another lodging facility without any cost occurred to the Government.

The table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort.

2. Meets cleanliness needs

3. Staff courtesy Surveys/critiques indicate Satisfactory or higher

Satisfactory or higher

A Lodging Survey will be used in combination with the QASP to assist the Government in determining acceptable performance levels.

10.0 GOVERNMENT FURNISHED PROPERTY

Not applicable.

*****************END OF B.2 PERFORMANCE WORK STATEMENT*****************

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS.

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

*************************(Begin Addendum to 52.212-4) *******************

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

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; 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 2.5 years.

(End of Clause)

C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVSOB:”

(1) Means a small business concern–

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from eligible service-disabled Veteran-owned small business concerns. Only VIP-listed service-disabled Veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled Veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled Veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service-disabled Veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are…