36C24221Q1441.docx

36C24221Q1441 e (

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.

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

561-22-1-6046-0001

36C242-21-AP-2501

36C24221Q1441 09-15-2021

ROSS,MEGAN

973-676-1000 X2377 09-24-2021

10:00 AM

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X X 721110 $35 Million N/A X Department of Veterans Affairs New Jersey Healthcare System East Orange Campus 3495 Bailey Avenue Buffalo NY 14215 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page This is an estimated IDIQ (Indefinite Delivery Indefinite Quanity) procurement for Hoptel rooms and shuttle services 10 miles and 20 minutes travel time of the East Orange New Jersey VA Medical Center.

the Statement of Work, Instructions to Offerors, Criteria and Evaluation for additional bidding information.

This is a small business set-aside. All bidding vendors must be registered to do business with the government at time of the bid to include SAM and Fire Safety Requirements.

Point of Contact: Megan Ross, Contracting Officer Megan.Ross3@va.gov.

See CONTINUATION Page X X

MEGAN ROSS

CONTRACTING OFFICER

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 36C242 Megan Ross Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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 Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

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

B.2 STATEMENT OF WORK

Service Temporary Lodging

1. GENERAL INFORMATION

1) Objective: VA New Jersey Healthcare System (VANJHCS) is seeking services for temporary overnight accommodations and transportation to qualifying patients who receive treatment at the VANJHCS at 385 Tremont Ave, East Orange, NJ 07018. Accommodations must include certain required amenities as needed based on past VHA beneficiaries’ special requests as well as exceptional customer service.\

2) Period of Performance:

3) Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in the statement of work (SOW).

a. Contractor shall furnish rooms to VA beneficiaries as referred by authorized personnel of the VANJHS. Accessibility is a must with availability of roll in showers.

b. The contractor shall provide rooms with at least 2 beds available when requested.

c. The contractor shall furnish all standard supplies/services including minimum room requirements such as breakfast, evening meals, kitchenette, dishes, silverware, availability of washing machines and dryers on site, etc.

d. The contractor shall provide complimentary transportation to and from the hospital with little or no late issues.

e. The contractor shall provide free parking services to VA beneficiaries.

f. Lodging shall be provided in accordance with Attachment (Policy on Temporary Lodging Program #CC-08-0811) to accommodate those veterans receiving medical care who may have to travel long distances the day before, day of or the day after treatment received. Only medically stable patients who would be normally discharged to their home will be considered for lodging. Although patients are medically stable, their current medical treatment/procedure does not allow them to be transported for great distances or time. For this reason, lodging is required within a ten (10) miles radius of VANJHCS, located at 385 Tremont Ave, West Orange, NJ 07018 and no more 20 minutes travel including traffic during congestion times.

g. Lodging must be at one dedicated location and should be provided by one vendor, third party not preferred.

h. Contractor shall ensure availability with less than 24 hours’ notice or up to 6 months’ notice.

i. Contractor shall provide complimentary wireless internet access.

j. Contractor shall allow pets.

k. Contractor shall allow smoke free accommodations.

l. Contractor is available to contact 24hours a day, 7 days a week with options to extend or cancel accommodations as needed.

m. Contractor shall follow up with VA staff within 1 hour or less of all requests.

n. Contractor ratings must be 4 star and above from reliable sources. Rating feedback could be reviewed, requested, or addressed.

4) Background: The VANJHCS Office of Patient Centered Care & Employee Engagement (OPCC&EE) has been implemented in all settings at VANJHCS. Based on these principles and the VA Core Values of ICARE (Integrity, Commitment, Advocacy, Respect and Excellence), VANJHCS is seeking assistance from a 4 star or more vendor that can provide overnight accommodations with as many amenities as needed to the qualifying Veterans we serve. VANJHCS provides services to Veterans who served in the active military, naval, or air service; and, reservist and National Guard members who qualify. Accommodation needs are required when a Veteran receives outpatient medical services and travel long distances as per the VA Directive and local policy. As VANJHCS provides service to our nation’s veterans, we advocate for the same level of service and provisions for them as well.

a. The patients who utilize the Hoptel are medically stable but are receiving on going treatment for various conditions such as Radiation Oncology, War Related Illness and Injury, Surgery, Spinal Cord Injury and GI procedures. Some of these treatments do not allow the patient to travel far distances as they need to have access to bathrooms facilities and need to arrive for early morning procedure check in. Due to their condition a patient at times will have a care giver accompany them. In addition, the need for a kitchenette is required because some patients are on a limited diet or will eat at various times of the day. Transportation may be limited for the patients so the need to provide meals on site, to ensure they are getting proper nutrition.

b. In most cases, reservations can be scheduled 3 or more months ahead of schedule. However, there are times when either the veteran’s schedule or other conditions require the veteran to change arrangements such as extra night’s stay, cancellation of accommodation, change of accommodations, etc. Thus, flexibility is required within the scope of work to make “last minute” accommodation changes and 24-hour contractor availability to request changes. Immediate feedback for all requests is required for this contract.

c. Transportation is a must for the requirement as needed for patients approved for Hoptel.

5) Room Requirements: are as followed

a. Daily room rates, as quoted in the Schedule, shall include all fee and applicable taxes and any other no-charge services offered to guests such as roll in shower accessibility, continental breakfast, parking, wireless internet access, fitness center, pool, complimentary refreshments and evening meals when available preferably between Monday thru Thursday. Rate quotes shall not include sales tax. The VAMC is a Federal institution and therefore exempt from paying sales tax. Room rates offered shall be Single Occupancy and shall provide a minimum of one king size bed with availability for another bed option or two (2) double beds. The VA patient shall be allowed one caregiver/driver/attendant to stay in the same room with the veteran, at the single occupancy rate when pre-authorized by the VA. Any additional occupants are the responsibility of the veteran and shall not lodge at VA expense.

b. Contractor shall provide overnight accommodations for VA guests at the applicable rates, seven days a week as pre-approved by VA staff for beneficiaries of the VA New Jersey Healthcare System. Rooms may be reserved by the VA at the same rates based on a space available basis. Contractor will be reimbursed only for actual rooms nights used in accordance with the Schedule or for rooms not cancelled as per the cancellation policy.

c. The fully furnished hotel/motel rooms shall include contractor provided utilities and other specified services. The hotel/motel rooms shall comply with all city, county and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located. Rooms shall comply with the applicable NFPA (Fire) 101, 2003 or latest edition, Chapters 28/29 specifications, and American with Disabilities Act (ADA) guidelines. All rooms shall be in a single hotel or motel.

d. Room availability shall be on the ground floor, wheelchair accessible or be ADA compliant elevator serviced. Access to rooms shall be from interior hallways that are accessed directly from the front desk/elevator lobby area. There shall be no physical barriers.

e. The rooms shall be smoke-free. Contractor personnel shall not smoke in the rooms at any time whether VA referred occupants are present.

f. Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, local telephone service (no deposit required), and basic television cable service. In addition, it shall provide access to a computer and computer access for personal devices.

g. Rooms shall be in as reasonably quiet or tranquil part of the hotel/motel as possible.

h. Hotel shuttle transportation will be accessible for ambulatory patients to be transported between the hotel and VA New Jersey Healthcare System during the hours of 7:00am until 6:00pm. Any transportation required before or after normal shuttle hours of operation will be the responsibility of the VA New Jersey Healthcare System.

i. Contractor shall have laundry facilities to include washers and dryers on the premises.

j. Rooms should be equipped with a kitchen, refrigerator, stovetop, dishes, and microwave.

k. VHA beneficiaries should be allowed to have a pet for a minimal fee, weekly fee preferred.

l. Cash deposit allowed when VHA beneficiary cannot provide credit card option for additional fees.

5) ROOM RESERVATIONS:

a. Room reservations, room occupancy, and room payment will be on the following basis:

(1) The Contractor shall allow the occupancy of the room covered by this contract only upon the specific individual referral by authorized personnel of the VA New Jersey Healthcare System. The VA will inform the Contractor of each individual’s name and the arrival date at the Contractor’s motel/hotel. Stays will be limited to one night unless additional nights are specifically authorized by VA New Jersey Healthcare System.

(2) Services shall be performed seven days a week. Information provided by VA staff for beneficiaries of the VA New Jersey Healthcare System. The Contractor shall use existing check in and checkout times unless prearranged by both parties involved.

(3) Federal Holidays: Eleven holidays observed by Federal Government are listed below plus any other day specifically declared by the President of the United States:

b. The authorization number and dates for length of stay will be communicated to the VA referred occupant. The VA referred occupant will receive the confirmation number and documentation by authorized personnel. The authorization number issued will be the confirmation number received from the Contractor. A cancellation number if required would be received from the Contractor. In the event that a VA referred occupant refuses to leave the room, the Contractor shall immediately notify authorized personnel. Also, in the event that a VA referred occupant checks out of the hotel/motel without prior notice from the VA the Contractor shall immediately notify authorized personnel at the VA. In case of emergencies, Contractor shall immediately contact emergency services and contact VA personnel as well.

c. The Contractor shall submit an invoice to the VA for payment for actual room nights used monthly in arrears. Invoices are due by the 15th of the month following previous month’s services. The invoice shall contain the contract number, confirmation number and dates of lodging excluding the name or any personal information of the beneficiary.

6) PATIENT EMERGENCIES: In the event a VA referred occupant is in an emergency situation of any kind, the Contractor shall contact the 911 emergency medical services to respond to the emergency. Once the emergency has ended the Contractor shall notify the authorized personnel at the VA of the situation. During normal business hours of 8:00AM to 4:30PM, the Advocate office can be contacted at 973-676-1000 ext. 2364 or the Program Support Clerk at 973-676-1000 ext. 1231. After business hours the Administrative Officer of the Day (AOD) can be contacted by calling 973-676-1000 and asking the operator to connect you to the AOD.

7) ROOM MAINTENANCE: Daily room maintenance shall comply with all Federal, State and local laws and commercial standards (Reference FAR 52.212-4(q)).

8) GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS:

1. Heating and Cooling Requirements shall be in compliance with ADA and/or State of New Jersey Laws.

0. All cooling and heating devices and appliances, including but not limited to furnaces, fireplaces, electrical baseboard heaters and water heaters, shall be an approved type in good and safe working order and shall meet all installation and safety codes.

0. Contractor shall maintain all appliances and utility systems. This shall include the cleaning or replacement of air filters for both the heating system (providing the heating system is a forced hot air heating system) and for the cooling system every 30 calendar days.

1. Electrical and Lighting Requirement shall be in compliance with ADA and/or State of New Jersey Laws.

1. All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order and shall meet all installation and safety codes.

1. Sanitation Requirements: All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer. All sanitary facilities, fixtures, equipment, structures and premises shall be of an approved type, in safe and sanitary condition and in good working order and meet all installation and safety codes.

1. Telephone Service Requirements:

3. Contractor shall provide local area, touch tone, telephone service (no deposit required) for each room. The telephone service shall be capable of long-distance telephone service when long distance calls are placed using a telephone calling card or other telephone charge method.

3. Contractor shall provide one telephone in each room.

3. Telephone service shall be equipped with voice messaging system or front desk message service.

1. Fire Safety:

4. Buildings in which space is offered shall be evaluated in accordance with latest editions of the NFPA 101, LIFE SAFETY CODE and AMERICAN DISABILITIES ACT (ADA).

4. Equipment, services, or utilities furnished, and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the contractor shall promptly correct hazards.

4. Maintenance of contractor-owned fire extinguishers shall be provided by the contractor in accordance with NFPA Standard No. 101.

4. As required by code, smoke detectors/alarms shall be installed in each room, office, storage area, hallways and other common areas.

1. Wheelchair Accessibility: Common areas such as hallways shall provide for accessible path of travel for wheelchairs.

1. Elevators: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard A171 and A171a Safety Code for Elevators, except for elevator emergency recall and shall be inspected and maintained in accordance with American National Standard A17.1, Inspector’s Manual for Elevators or equivalent local code. The elevators shall also comply with local codes and ordinances.

1. Miscellaneous: No activity to the building and/or grounds that would cause an increase in dust, dirt or spores to be airborne (i.e., renovation to the building, movement of earth on the grounds) shall take place without the contractor’s written notification to the VA at least seven (7) calendar days in advance of the event.

1. To be eligible for award under this solicitation, the offeror must propose for use a facility that is compliant with the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et.seq.) and is listed on the US Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.cfm and the Central Contractor Registration (CCR)database found at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. Offers proposing facilities that are not listed will be rejected as non-responsive. In addition, the offeror’s facility must be compliant with the requirements of the Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 1210 et.seq.).

9) INSPECTION AND ACCEPTANCE: The Government reserves the right to fully inspect the offeror's lodging facility by a team of VA contract and safety team members at any time before and after contract award and during the term of the contract to ensure a safe and healthy environment for the VA referred occupants. The hotel/motel will be provided appropriate notice prior to such inspection. See FAR 52.212-4 for additional Government rights and inspection requirements and Attachment (Hotel/Motel Evaluation Checklist).

10) GENERAL CONTRACT REQUIREMENTS:

a. Qualifications of Offerors: A proposal will be considered only from offerors who are regularly established in the business called for, who are financially responsible and have the necessary equipment and personnel to furnish services in the volume required for all items under this solicitation. The successful offeror shall meet all Federal, State and Local codes and requirements for the operation of this service.

b. Service Contract Act: All service employees who will be employed in the performance of the contract awarded as a result of this solicitation shall be paid no less than the wages shown on the Wage Determination which is incorporated and made a part of this solicitation and resulting contract.

c. Liability and Insurance Coverage:

(1) Satisfactory insurance coverage is a condition precedent to award of a contract. In general, a successful offeror must present satisfactory evidence of full compliance with State and Local requirements, or those below stipulated, whichever are greater. More specifically, workman’s compensation and employer’s liability coverage will confirm to applicable State law requirements for the service contemplated, whereas general liability and automobile liability of comprehensive type, shall in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for property damage. State approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs installation, subject to timely certifications by such sources of the types and limits of the coverage afforded by the sources.

(2) Before commencing work under the contract, the contractor shall furnish to the Contracting Officer (CO) a certificate of insurance indicating the coverage outlined above containing an endorsement to the effect that cancellation of or any material change in the policies which adversely affect the interests of the VA in such insurance shall not be effective unless a 30-day advance written notice of cancellation or change is furnished the Contracting Officer.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

HOPTEL ACCOMMODATIONS FOR PATIENTS AT VANJHCS

Base Year: October 1, 2021 - September 30, 2022 Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022

HOPTEL ACCOMMODATIONS

Option Year 1: 10/01/2022-09/30/2023 Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023

HOPTEL ACCOMMODATIONS

Option Year 2: 10/01/2023-09/30/2024 Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024

HOPTEL ACCOMMODATIONS

Option Year 3: 10/01/2024-09/30/2025 Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

HOPTEL ACCOMMODATIONS

Option Year 4: 10/01/2025-09/30/2026 Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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.

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

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2021 through 09/30/2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5 room nights per year, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 100 room nights per year;

(2) Any order for a combination of items in excess of 1200 room nights per year; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09/30/2026.

(End of Clause)

C.5 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.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 09/30/2022. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2022, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause) C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73,…