36C24226Q0268_1.docx

36C24226Q0268

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24226Q0268 Sachuk-Thompson, Dolores 716-862-7461 x22383 02-17-2026 10:00 am

EST

36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215 X X 812930 $47 Million N/A X Department of Veterans Affairs Northport VA Medical Center 79 Middleville Road Northport NY 11768 36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215

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

See CONTINUATION Page This is a firm-fixed priced requirement to provide Patient Assisted Parking and Lot Attendants at the Northport VA Medical Center, 79 Middleville Road, Northport, NY 11768.

Please refer to the complete Statement of Work (SOW) and respond with all the items required or the offeror shall be considered non-responsive and removed from competition.

This solicitation is 100% set-aside for Small Business (SB).

Requests for information (RFI) shall be submitted in writing by February 6, 2026, at 04:30PM ET. Quotes are due by the time in box 8 via email to Dolores.Sachuk-Thompson@va.gov Please follow ALL instructions in Section 52.212-1 Instructions to Offerors and provide ALL requirements by the close to be considered.

A formal site visit will not be conducted.

See CONTINUATION Page X

ONE

Dolores Sachuk-Thompson 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 Dolores Sachuk-Thompson, CO Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215

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.

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:

36C24226Q0268

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

NORTHPORT PARKING LOT SERVICES

PATIENT ASSISTED PARKING AND LOT ATTENDANTS

1. INTRODUCTION:

The Department of Veterans Affairs Medical Center in Northport, NY (Northport VAMC) at 79 Middleville Road, Northport, NY, 11768 has a firm-fixed priced requirement for Parking Lot Attendant Services for three (3) separate parking lots located at the facility; Parking Lots “L”, “B” and “Q”. Each shall have continuous coverage during the hours of operation; noted in Section 3A (a-b), while maintaining the wait times in Section 5A. This requirement involves direct Veteran interaction with Veterans of all abilities and their providers. Contract Employees shall be able to provide meaningful and respectful interactions with the Veterans and their Caregivers.

It is anticipated that some of the Attendants shall serve multiple roles during the day; Supervision, Patient Assisted Parking Services and Attendant to provide continuous coverage for all lots; during mandatory employee break periods, without leaving any lot unattended during the hours of service for the lot and no one person shall cover more than one (1) lot at a time.

The Patient Assisted Parking Services Lot: Parking Lot “L” shall be adequately staffed with Parking Attendants to cover all hours of operation, breaks and lunch for the attendant lots. Past performance has indicated that a minimum of five full-time (5) Patient Assisted Parking Services staff with staggered start times, able to service this lot and provide continuous coverage for the other lots while maintaining the wait times in Section 5A.

Attendant Lot: Parking Lot “B” and Parking Lot “Q” shall each require one (1) full-time Lot Attendant to provide continuous coverage during the hours of operation with relief by the Patient Assisted Parking Service Attendants for mandatory breaks.

The Contractor shall furnish all necessary and appropriate full-time labor, supervision, materials, equipment and supplies to provide the parking lot services in accordance with the terms and conditions of the resulting contract and the specifications and requirements herein.

The period of performance is April 1, 2026 - February 28, 2027, with the provision of four (4) option years. The expectation is employees shall be fully trained and ready to perform at the facility on the contract start date.

2. CONTRACTOR QUALIFICATIONS:

The Contractor shall possess all licenses and permits as required by Local, State and Federal law. All Contractor Employees shall also have a valid U.S. driver's license; with at minimum two years of driving experience, be a U.S. Citizen, fluent in the English language and have at least 6-months of Patient Assisted Parking Services parking experience, in a healthcare setting; dealing with patients of all abilities.

The Contractor shall have at least five (5) years of experience in successfully providing Patient Assisted Parking Services. The Contractor shall coordinate, supervise, and evaluate the services provided and immediately correct any deficiencies with their employees.

All employees shall perform assigned duty in a professional and courteous manner.

3. CONTRACTOR PROVIDED ITEMS:

A. STAFFING:

The Contractor shall provide adequate Patient Assisted Parking Services staffing; with a minimum of five (5) Patient Assisted Parking Service Attendants in Parking Lot “L” to cover the hours of 7:00 am - 5:00 pm, with the heaviest vehicle traffic between 8:00 am - 4:00 pm. Wait times during all hours shall be less than 10 minutes for each vehicle at drop off or pick up. The Contractor shall provide one (1) Parking Lot Attendant in Parking Lot “B” and one (1) Parking Lot Attendant in Parking Lot “Q” to monitor authorized parking in Parking Lot “B” and Parking Lot “Q” during the hours of 6:00 am – 2:00 pm. Contractor may assign Attendants to serve multiple rolls; Supervisor, Patient Assisted Parking Service Attendant or Parking Lot Attendant, but no lot should ever be unattended and no one person shall cover more than one (1) lot at a time.

a. HOURS OF OPERATIONS: (Patient Assisted Parking Service Attendants Coverage):

Monday thru Friday (5) five days a week, no Federal Holiday, or weekends. The hours for Patient Assisted Parking Services service; 7:00 am – 5:00 pm, with the heaviest Veteran visits 8:00 am – 4:00 pm.

b. HOURS OF OPERATIONS: (Parking Lot Attendants Coverage):

Monday thru Friday (5) five days a week, no Federal Holiday, or weekends hours of operations. One (1) attendant – for each lot during the hours of 6:00 am – 2:00 pm.

B. SUPPLIES/EQUIPMENT:

a. The Contractor shall furnish a podium, lock boxes, automated claim checks, cones, and walkie-talkies or cell phones to facilitate the daily parking Patient Assisted Parking Services operations. The VA shall provide secure storage space onsite where supplies can be stored.

b. The VA Police shall provide the Lot “B” and/or Lot “Q” Parking Lot Attendant with a radio to contact the police in case of an emergency. At no time shall the police radio be left unattended. Attendant is expected to remain in the parking lot area and have coverage when leaving either parking lot.

c. Contractor employees must sign in and sign out when arriving and departing the facility; utilizing any means the Contractor determines to allow for completion of the required daily report in Section 8.

d. The Government requires that the Contractor utilize technology (software and/or app) with the capability that enables both the individual utilizing the service to call for their car in advance, as well as allow the Government to monitor quantity and time of the Patient Assisted Parking Services for quality control and performance purposes.

e. In addition, due to the inclement weather in our region, the Government requires that The Contractor provide a gas-powered golf cart- type vehicle; for daily use, for their employees to travel between lots to minimize Veteran wait times and maximize Veterans utilizing the service. The Contractor shall be responsible for their own maintenance, gas and lockable Flammable Storage Cabinet that meets NFPA, IFC and OSHA Standards. The Government shall provide secure storage to the Contractor for their equipment.

C. UNIFORMS:

The Contractor shall furnish all uniforms, name badges, seasonal outerwear, and reflective outerwear to all contractor Patient Assisted Parking Services staff. All uniforms and outerwear shall possess the Contractor's logo and company name. All uniforms and outerwear shall be consistent in style and always worn while contractor Patient Assisted Parking Services staff are working. Shorts are not permitted.

D. SIGNAGE:

The Contractor shall furnish and install all required signage to include a sign that indicates tipping is prohibited. All signs must be approved by the Contracting Officer Representative (COR) prior to installation. The COR will approve and designate signage placement.

4. PATIENT ASSISTED PARKING SERVICES PARKING LOT:

The designated Patient Assisted Parking Services lot area at the Northport VAMC is PARKING LOT “L”. The parking lot has approximately 75 parking spaces. The Contractor shall not alter the parking lot stripping but may use the available space to maximize the number of vehicles parked. The Northport VAMC will provide parking lot maintenance, cleaning, repair, and snow removal services. This should also include the main entrance curbside area, walkways, and driveways on the Northport VAMC campus. The Patient Assisted Parking Services staff shall notify the COR of any areas that may be a safety hazard to patients, employees, and visitors.

Estimated daily (Patient Assisted Parking Services) cars parked: Approximately 85 daily, upward to 150 on the busiest day.

5. PARKING PATIENT ASSISTED PARKING SERVICES PROCEDURES:

Parking Patient Assisted Parking Services for vehicle drop-off and vehicle pick-up shall be located at the Northport VAMC, Main Building (200), main entrance and curbside area. Area is subject to change as construction at the facility is ongoing.

A. VEHICLE WAIT PERIOD:

The parking Patient Assisted Parking Services staff should ensure that vehicles have wait times of less than 10 minutes when dropping off or picking up their vehicles. The CO and/or COR will make periodic unannounced inspections to ensure that The Contractor is compliant within the maximum vehicle wait period. The Contractor shall provide additional parking Patient Assisted Parking Services staff to ensure that no vehicles exceed the maximum wait period. No additional costs/fees for additional contractor employees shall be made to Northport VAMC by The Contractor to meet this requirement. The Northport VAMC will provide advance notification to The Contractor of any special events which may cause an increase to the number of Northport VAMC visitors and/or cause parking problems.

B. VEHICLE DROP-OFF:

Upon vehicle drop-off, a parking Patient Assisted Parking Services staff shall courteously ask the driver to request Patient Assisted Parking Services for their length of stay at the Northport VAMC. The Patient Assisted Parking Service staff should provide the driver with a claim check/receipt* and park the car in the designated Northport VAMC parking lot based on the length of stay. The Patient Assisted Parking Service staff shall be in control of all Patient Assisted Parking Service parked vehicles to maximize the space available and facilitate smooth operations. All Patient Assisted Parking Services parked vehicles shall be locked, and the keys shall be appropriately secured in a lock box. Vehicle keys will not be left in the ignition of unattended vehicles. Unattended vehicles will not be left with the engine running.

* Claim check shall be an app-based claim check, unless the patient does not have a “Smart Phone”. In that case, a paper ticket shall suffice for that individual patient.

C. VEHICLE PICK-UP:

Upon vehicle pick-up, the driver shall request their vehicle utilizing the app-based claim check (or claim check, if applicable) and the Patient Assisted Parking Service staff shall retrieve the vehicle. The vehicle shall then be delivered to the driver for ease of exiting the curbside area.

D. CUSTOMER SERVICE:

All patients and patient visitors shall be treated courteously and respectfully by all parking Patient Assisted Parking Services and parking attendant staff. The parking Patient Assisted Parking Services and parking attendant staff shall obey all local and Northport VAMC campus driving laws, including pedestrian traffic. The Patient Assisted Parking Service staff should not assist drivers or passengers in and out of the vehicles. If assistance is required, the parking Patient Assisted Parking Service staff shall contact the Northport VAMC Escort Service. No Escort Service employee shall assist any Patient Assisted Parking Service staff in the removal or retrieval of any vehicle for Patient Assisted Parking Service parking. No patient or patient visitor vehicles shall be driven, removed, nor parked off the Northport VAMC campus at any time.

E. CLOSE OF BUSINESS:

At the close of each business day, the Patient Assisted Parking Services staff shall arrange the remaining vehicles in the Parking Lot “B” for easy access by the patient and patient visitor of those vehicles. All remaining keys shall be provided to the Northport VAMC Police. The patient and patient visitor of those vehicles remaining may pick up their keys at the Northport VAMC Police office.

6. VEHICLE DAMAGE & NEGLIGIENCE CLAIMS & ACCIDENTS:

All vehicle damages and negligence claims acquired during parking Patient Assisted Parking Services service shall be addressed and remedied by The Contractor. All accidents should be reported to the Northport VAMC Police.

7. VEHICLE THEFT:

To eliminate vehicle theft, the Patient Assisted Parking Service staff shall ensure that they are provided with the vehicle key from the vehicle owner in return for a claim check. The vehicle should not be running, and the keys should not be left in the ignition prior to parking. The keys shall be provided to the Patient Assisted Parking Services staff by the vehicle owner, and the Patient Assisted Parking Service staff shall then park the vehicle.

8. VEHICLE COUNT REPORT AND STAFF COUNT:

The Contractor shall provide a daily count of Patient Assisted Parking Services parked vehicles. This daily report shall be provided to the COR at the close of Patient Assisted Parking Services parking every day. To account for all Contractors working in the Northport facility; in lieu of the standard practice of signing in and out with the VA Police, these Contractor Employees shall provide in their report: the employees’ name, hours worked, and cars parked (if applicable).

A sample report is below:

9. TIPPING:

Tipping is strictly prohibited. The parking Patient Assisted Parking Services staff must NOT accept any monetary tips from any vehicle owner or its passengers.

10. PERSONNEL PERFORMANCE:

All work shall be performed by The Contractor's employees who are trained and authorized to work as Patient Assisted Parking Service staff members at Northport VAMC. Contractor employees shall follow all rules, regulations, and directives in force at the facility.

A. CONTRACTOR BADGES:

The Contractor's employees shall be required to obtain Northport VAMC contractor identification (ID) badges for each employee working at the facility. The Contractor's employees shall be fingerprinted. The Contractor shall be required to complete security paperwork on each of their employee. The ID badge shall always be displayed while on Northport VAMC property and surrendered upon completion of the contract or termination of employment. The badge shall be worn attached to the outermost clothing, above the waistline.

B. DAILY TIMESHEETS:

To ensure the safety of the facility, the Contractor's employees shall sign a timesheet daily to confirm the name of workers on duty and to verify arrival time for duty. The on-site supervisor shall provide the sheets daily to the COR.

C. CONTRACTOR SITE VISITS:

Contractor Management shall continuously monitor wait times, make any necessary visits to the facility and be available to meet with the COR, to ensure parking attendants are continuously providing optimal service to the visitors at the Northport VA Medical Center.

D. VA REGULATIONS / PARKING / SMOKING / CELL PHONES:

The Contractor shall abide by all Northport VAMC station policies and regulations. The Contractor's employees should always wear visible identification while on the premises of the Northport VAMC. It is the responsibility of The Contractor to park in the appropriate designated parking areas. Information on parking is available from the Northport VAMC Police. The Northport VAMC will not invalidate or make reimbursement for parking violations of The Contractor under any conditions. Smoking/Vaping is prohibited on the grounds of the Northport VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. Cell phones and Bluetooth electronics for personal use are prohibited during duty hours. The Contractor's may not "lounge" in the Veterans waiting area or lobby. A designated area shall be provided by the COR.

E. TRAINING / ORIENTATION:

The Contractor shall ensure training completion and orientation of their employees. Documentations shall be provided to the COR and shall be kept on file with the COR. The Contractor shall ensure that all their employees that are performing under this contract shall comply of all requirements. The Contractor shall be responsible to ensure that its employees providing work on this contract are fully trained and completely competent to perform the required work. The Contractor and its employees shall attend a pre-performance orientation meeting prior to the commencement of work on site. The Northport VAMC will schedule this meeting and will include discussion of the following topics:

a) Employee Competencies (i.e., Fire and Safety, Disaster Procedures)

b) Medical Emergencies Protocol

c) Handling of lost claim checks, accidents, thefts, and other parking related incidents

d) Uniform (NO shorts) and Badges

e) Labor Standards Provisions

f) Submittals (i.e., Insurance Certification, Licenses)

g) VA 20939 – Basic Privacy Training for Contractors on-site with NO computer access.

11. HOURS OF COVERAGE:

The Contractor shall perform the required work at Northport VAMC Monday through Friday, excluding Federal Holidays during the hours specified in Section 3.

Federal Holidays observed by the Northport VAMC are:

Independence Day

12. PERSONNEL POLICY:

The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, in accordance with the personnel policy of The Contractor, such as providing worker's compensation, professional liability insurance, health examinations, income tax withholding, and social security payments. The parties agree that The Contractor, its employees, agents, and subcontractors shall not be considered VA employees for any purpose.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Total 10-MONTH cost of - Patient Assisted Parking and Lot Attendants. This is the total for CLINS AA-AC Contract Period: Base POP Begin: 04-01-2026 POP End: 02-28-2027 PRINCIPAL NAICS CODE: 812930 - Parking Lots and Garages PRODUCT/SERVICE CODE: M1LZ - Operation of Parking Facilities

0001AA

Sufficient Patient Assisted Parking Attendants to park and retrieve vehicles in Lot L with a TAT of 10 minutes or less.

POP Begin: 04-01-2026 POP End: 02-28-2027

0001AB

One (1) Attendant to monitor and report to Police and issues in Lot B.

POP Begin: 04-01-2026 POP End: 02-28-2027

0001AC

One (1) Attendant to monitor and report to Police and issues in Lot Q.

POP Begin: 04-01-2026 POP End: 02-28-2027

Total yearly cost of - Patient Assisted Parking and Lot Attendants. This is the total for CLINS AA-AC Contract Period: Option 1 POP Begin: 03-01-2027 POP End: 02-29-2028

1001AA

Sufficient Patient Assisted Parking Attendants to park and retrieve vehicles in Lot L with a TAT of 10 minutes or less.

POP Begin: 03-01-2027 POP End: 02-29-2028

1001AB

One (1) Attendant to monitor and report to Police and issues in Lot B.

POP Begin: 03-01-2027 POP End: 02-29-2028

1001AC

One (1) Attendant to monitor and report to Police and issues in Lot Q.

POP Begin: 03-01-2027 POP End: 02-29-2028

Total yearly cost of - Patient Assisted Parking and Lot Attendants. This is the total for CLINS AA-AC Contract Period: Option 2 POP Begin: 03-01-2028 POP End: 02-28-2029

2001AA

Sufficient Patient Assisted Parking Attendants to park and retrieve vehicles in Lot L with a TAT of 10 minutes or less.

POP Begin: 03-01-2028 POP End: 02-28-2029

2001AB

One (1) Attendant to monitor and report to Police and issues in Lot B.

POP Begin: 03-01-2028 POP End: 02-28-2029

2001AC

One (1) Attendant to monitor and report to Police and issues in Lot Q.

POP Begin: 03-01-2028 POP End: 02-28-2029

Total yearly cost of - Patient Assisted Parking and Lot Attendants. This is the total for CLINS AA-AC Contract Period: Option 3 POP Begin: 03-01-2029 POP End: 02-28-2030

3001AA

Sufficient Patient Assisted Parking Attendants to park and retrieve vehicles in Lot L with a TAT of 10 minutes or less.

POP Begin: 03-01-2029 POP End: 02-28-2030

3001AB

One (1) Attendant to monitor and report to Police and issues in Lot B.

POP Begin: 03-01-2029 POP End: 02-28-2030

3001AC

One (1) Attendant to monitor and report to Police and issues in Lot Q.

POP Begin: 03-01-2029 POP End: 02-28-2030

Total yearly cost of - Patient Assisted Parking and Lot Attendants. This is the total for CLINS AA-AC Contract Period: Option 4 POP Begin: 03-01-2030 POP End: 02-28-2031

4001AA

Sufficient Patient Assisted Parking Attendants to park and retrieve vehicles in Lot L with a TAT of 10 minutes or less.

POP Begin: 03-01-2030 POP End: 02-28-2031

4001AB

One (1) Attendant to monitor and report to Police and issues in Lot B.

POP Begin: 03-01-2030 POP End: 02-28-2031

4001AC

One (1) Attendant to monitor and report to Police and issues in Lot Q.

POP Begin: 03-01-2030 POP End: 02-28-2031

GRAND TOTAL

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025) As prescribed in 12.205(b)(3), insert the following clause:

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION DATE)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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) Alternate I (DEVIATION DATE). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause— Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means—

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the—

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for…