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36C24419Q1198

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

632-19-4-568-0109 36C24419Q1198 09-23-2019 Robert Neal | robert.neal2@va.gov 412-822-3779 09-25-2019 4:00 P.M.

00244 Department of Veterans Affairs Network Contracting Office 4

X 493110 $27.5 Million N/A X Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia PA 19104 00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Furniture Movement, Storage, Inventory Management, Installation, and Repair Services for the Philadelphia VA (CMCVAMC) Medical Center in accordance with the Statement of Work (SOW) and schedule.

Anticipated Period of Performance:

9/27/19 through 9/26/20 This will be a 3 year: Base plus two (2) option years This procurement is being competed in accordance with FAR 13.5. Any reference to FAR 15 is unintended and the contractor should seek clarification from the CO.

All questions must be sent via email to robert.neal2@va.gov and received by 9/25/2019.

See CONTINUATION Page X Richard J. Anzelone Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK4
B.3 PRICE/COST SCHEDULE15
ITEM INFORMATION15
SECTION C - CONTRACT CLAUSES23
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (JAN 2017)23
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)34
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)34
C.4 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)35
C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)35
C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)35
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)36
C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)37
C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)38
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)38
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS46
SECTION E - SOLICITATION PROVISIONS47
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)47
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)51
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)53
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)53
E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)53
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)54
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)54
E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)55
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)55

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer - Robert Neal Department of Veterans Affairs Network Contracting Office 4

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

[X]
52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

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

AMENDMENT NO
DATE

36C24419Q1198

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

A. INTRODUCTION

This Statement of Work is for Warehousing, Shipping, Receiving, Inventory Systems Management, Installation, and Repair of furniture and related products for the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (CMCVAMC) to include outpatient and annex locations.

B. REQUIREMENTS

1. Initial Move and Storage

· The proposed warehouse space will be utilized to house the CMCVAMC’s entire existing furniture inventory which is currently housed at a warehouse facility located at 1250 Metropolitan Avenue, West Deptford Township, NJ 08066, as well as a receiving warehouse for any new furniture items ordered which will be either stored at the warehouse or installed by a furniture installer.

· All existing VA stock furniture must be transported from its existing location within by September 30,2019 of contract award. The existing inventory currently takes up approximately 10,000 square feet.

· The storage services provided at the warehouse will include inventory maintenance and control of all products stored there.

· Contractor shall be responsible for using the proper equipment to ensure an efficient and expeditious move/installation.

· The entire inventory must be stored at one location within a 40-mile radius of the main CMCVAMC facility.

· Other installation companies must be able to have access to the facility when necessary.

· In addition, CMCVAMC staff or hired contractors must be able to access the facility on short notice.

· Proper equipment will include but not be limited to:

· Closed moving trucks

· Vans or trailers

· Rubber wheeled dollies (in good condition and free from dirt and grease)

· Aluminum or magnesium ramps of various sizes

· The contractor shall provide racked storage and not container storage.

· Inventory management services for VA furniture stock shall be provided.

· Inventory will be comprised of stand-alone furniture, artwork, and accessories as well as systems furniture components.

· The contractor will be required to provide protection for all floors:

· Including:

· Tile

· Stone

· Terrazzo lobby areas

· Carpeted areas

· Walls

· Doors

· Protruding corners where movement occurs

· Cleaning of floors under removed furniture may be required during the process.

· Items must be organized and stored appropriately, on racks in a neat and orderly fashion.

· Excessive underutilization of bays will result in the Contracting Officer assessing the usage and possible prorating of bay quantities.

· Provide bay heights as needed to accommodate 85” high panels in an upright position. The ground row is expected to be 7‘-6” high to accommodate standing height panels. The 2nd and 3rd tiers are expected to be 6’-0” high. This will accommodate a 5-drawer file cabinet.

· VA Inventory is to be grouped together in the warehouse.

· VA inventory should be condensed/evaluated once per quarter at no additional cost to the VA.

· VA inventory is to be labeled so it can be identified on site visits.

· If the bay count reaches within 10 bays of the maximum 315 bay count, the contractor will notify in email the technical point of contact, so an overage does not occur.

· Monthly costs shall fluctuate based on the amount of inventory stored at the warehouse.

· The Contractor is responsible for any damages incurred during the storage or moving process.

· The warehouse will also house any damaged items from the CMCVAMC which need repair while parts are being ordered. These items must be accounted for separately on an inventory report.

· The contractor’s storage facility is expected to be open and accessible by appointment to VA staff and designated furniture vendors 7:00am – 4:00pm, Monday-Friday, excluding Federal Holidays. Additional off-hours access may be necessary in the case of an emergency. VA staff and designated furniture vendors would only handle furniture at the truck dock, and not within the storage facility.

· Furniture storage is to be provided in a lighted, secured, climate-controlled facility that is free of insects, rodents, and water issues. Contractor will be responsible for loss or damage of furniture while in transport or in storage. Temperatures are to be maintained between 55-85 degrees Fahrenheit.

· The contractor is required to take all measures necessary to safely move all CMCVAMC property. Upholstered furniture must be protected from dust and environmental elements while being moved as well as while stored in warehouse.

2. Inventory Control:

· A dedicated, up-to-date, web-based inventory management system is required.

· All VA stock furniture must be inventoried and entered into the inventory management system within 6 weeks of contract award.

· The CMCVAMC will require the warehouse facility to provide an accurate inventory of all items stored at its facility in a program or format that is accessible to the CMCVAMC’s technical point of contact (POC). Inventory shall include:

1. Full descriptions of items

2. Manufacturer

3. Size

4. Part number

5. Vendor finish number

6. Name and / or color

7. Style

8. Condition

9. Bay location

10. Status (reserved/available).

· The warehouse facility will provide an updated inventory report on a weekly basis.

· The technical POC shall also have the option of requesting additional inventory updates during time sensitive conditions.

· Inventory levels will fluctuate as furniture is installed or returned to stock.

· The VA stock is expected to vary from 250 to 315 bays and so the contractor’s facility must be able to accommodate 315 bays of furniture. (8,000-10,000 SF). The quantity of bays of furniture will vary month by month.

· The quantity of bays being used will include the 4’x8’ racked furniture as well un-racked furniture that may be on the floor waiting racking or distribution to the VA.

· The floor area for this un-racked furniture will be accounted for by calculating the equivalent number of 4’x8’ bays. Space and costs required for circulation, aisles, truck docks, inventory management, etc. are to be accounted for in the per bay costs.

· Monthly assessment of services will be based solely on the quantity of bays.

· Outside vendors may be granted “view only” access to the VA Inventory Spread sheet, but only upon the specific request of the technical POC on a one-time basis.

· Inventory audits shall be conducted by the warehouse facility on a quarterly basis in the presence of CMCVAMC staff.

3. Receiving:

· The CMCVAMC will require the warehouse to receive any new shipments of goods sent directly from a manufacturer.

· The contractor will need to be fully qualified in modular furniture installation from the furniture systems manufacturers used by the CMCVAMC facilities which includes but is not limited to the following:

Page 1 of Page 1 of Trendway, Dauphin, Krug, Steelcase, Nurture, Kimball/National, Mayline, Nemschoff, Humanscale, Neocase, Knoll, Herman Miller.

Page 1 of Page 1 of

· The contracted warehouse will directly receive furniture deliveries from the VA or outside vendors for projects.

· Orders are to be inspected for damage, counted, and VA Technical point of contact notified that they are available for delivery. As part of the receiving requirements:

1. The warehouse facility will be required to verify the accurate receipt of the item(s)

2. Inspect for damages

3. File freight claims if needed

4. Provide a receiving report to the technical POC

5. Packing lists to the CMCVAMC.

6. New items must be accounted for separately on an inventory report.

4. Delivery / Pickup:

· The contractor is required to take all measures necessary to safely move all CMCVAMC property.

· Upholstered furniture must be protected from dust and environmental elements while being moved as well as while stored in warehouse.

· The CMCVAMC will require that all inventory shall be made available for delivery as scheduled by the technical POC.

1. Scheduled set miscellaneous deliveries will occur once a month.

2. Additional deliveries may be scheduled for time sensitive or emergency situations.

3. Requests for deliveries or pull lists will be sent to the warehouse contractor (5) five business days prior to the date of installation.

4. The CMCVAMC reserves the right to revise and update this list up to 24 business hours prior to delivery.

5. Most work can be performed on day shift; however, a delivery may be required after hours, in an emergency.

6. The delivery of the items will normally be made at the ground floor of Building 2 loading dock.

· This is a limited space active delivery area and it may be required that the truck is off loaded and moved if other delivery personnel have pending deliveries. There are service elevators from the ground floor to the other floors in the building. The CMCVAMC is an active operational inpatient as well as outpatient medical center. There may be times during which the warehouse facility will need to react immediately during emergency situations. Due to emergency situations that arise quickly regarding furniture issues, the contractor must be able to respond quickly to the needs of the CMCVAMC.

· The CMCVAMC has other buildings and clinics in Pennsylvania and New Jersey; some deliveries may be required to be made to these locations.

Facility
Address
City
ST
Zip
Camden CBOC
300 S. Broadway, Suite 301
Camden
NJ
08104
Saracini CBOC
233 Caredean Drive
Horsham
PA
19044
Snyder House
1425 Snyder Ave
Philadelphia
PA
19104
Annex
4100 Chestnut Ave
Philadelphia
PA
19104
Dialysis Center
4219 Chestnut Street
Philadelphia
PA
19104
Multi-Purpose Center
316 Florist Street
Philadelphia
PA
19106
63rd Street Clinic
6232 Market Street
Philadelphia
PA
19139
VA Medical Center
3900 Woodland Avenue
Philadelphia
PA
19104
Dow Building contact
100 South Independence Mall West
Philadelphia
PA
19106

**All Philadelphia city locations except the VA REQUIRE Union Workers**

· In addition to deliveries, pick up of items at all CMCVAMC buildings and clinics may be required as well.

· These items may be delivered to other areas in the facility or returned to inventory. These items will be required to be accounted for, in addition to delivered items, for inventory purposes.

5. Installation & Repairs:

· A fully qualified modular furniture installer must be utilized for all product installation. Installations may involve assembly of delivered items. For ordering purposes, contractors performing repairs must possess the knowledge necessary to inform the CMCVAMC of the exact parts required to complete the repair.

· At the completion of installation or repairs, all tools and debris must be removed from the jobsite and the site must be fully cleaned. All furniture boxes and debris shall be removed from the site by the installer and disposed of off-site.

6. Moves:

· Moves or relocation of offices or department furniture as well as take apart, move and reinstall furniture as required. Moves will range in size.

· Contractor must have the ability to read and interpret floor plans, as well as analyze/provided furniture plans and determine which brackets, supports, panels, work surfaces, electrical components and other parts are needed for integration/relocation based upon the plans.

7. Access:

· All warehouse personnel and installers scheduled to be on site will be required to wear a CMCVAMC provided photo identification badge. Arrangements for badges must be made with the technical POC and CMCVAMC Police prior to the start of work.

8. Project Staffing:

· All staff on VA property will be required to have a visible identification badge.

· All staff on VA property will be required to conduct their business in a professional manner including appropriate attire, language, and behavior.

· All staff on VA property will be required to comply with all applicable VA safety requirements and policies.

· Union Installers must be provided for installations and work at VA locations within the Philadelphia City limits.

· The contractor will be expected to provide adequate staff consisting of both supervisory and labor personnel to perform all phases of work.

· All work shall be performed in an orderly, timely, and efficient manner in accordance with the Statement of Work.

· Contractor will assure that the same supervisory and labor crew will be in attendance throughout the duration of any specific task and will be responsible from start of a project through completion.

· Members of this team can have no other assignments without the express permission of CMCVAMC technical POC. Must provide at least one supervisor and or lead foreman, meeting qualifications for the specific job title on each installation or project, to remain on site through the duration of the project.

9. Code of Conduct:

· The following rules of conduct represent a minimum requirement for all contractor employees, subcontractors, agents, or other representatives working on this project:

1. It is the responsibility of the Contractor to ensure that each member of its workforce understands and complies with these rules.

2. Courteous and respectful behavior is always expected.

3. Use of foul or derogatory language will not be permitted.

4. Meals and breaks will be taken at the same time by all movers in a designated break area. At no time will any mover eat or drink except within the designated break area.

5. Use designated trash receptacles for cups and other garbage.

6. Do not leave meal/break containers behind.

7. The use of CMCVAMC telephones is forbidden. Exceptions will be made for medical emergencies with the approval of your supervisor and /or a representative of CMCVAMC.

8. Use of electronic devices belonging to CMCVAMC such as radios or computers is forbidden.

9. Security has the authority to examine any items being removed from any building at any time.

10. Contractor staff will always wear company uniform while on site.

11. Keep personal belongings together in an area designated by your supervisor.

12. The CMCVAMC representatives have the right to inspect at-will all bags and or packages brought on or off any CMCVAMC grounds.

10. Coordination with VA Personnel:

· Contractor shall respond to phone calls or emails within 24 hours. Contractor shall provide quotes for additional services within 3 business days.

11. Performance Monitoring:

· Performance will be monitored by the designated VA technical POC.

· Furniture storage quantities will be assessed on the first of each month of the contract.

· It is expected that the quantity of stored furniture on that date will be representative of the average quantity of furniture for the month. If there are large swings in the quantity of materials that would make this a poor indicator of the average, the contractor is to notify the technical POC of projects that have been installed or returned and the effect on the quantities.

· The VA technical POC will be monitoring the contract with physical site visits and will monitor the response times for reservation of furniture, deliveries, and time it takes to get quotes.

· Conformance with the requirements for updating the inventory management system will be monitored on a continual basis by the technical POC.

· Repeated non-conformance may result in the termination of the contract.

12. Privacy:

· To maintain confidentiality of CMCVAMC patient records, any contractor involved with handling items from CMCVAMC shall notify the technical POC of the discovery of any items related to patient information.

· These items are not to be handled by the contractor.

· Failure to follow this procedure will result in the contractor being held liable for a breach of patient confidentiality.

· Vendor must complete VA Privacy Training (TMS 20939) as Vendor will be in an area where Veteran Patients are being seen. The Technical should keep the completed training certificates with the contracting file.

· The Vendor is required to comply with physical security guidelines by either checking in with the VA Police each time they come on-site to perform contracted services or by obtaining a VA Contractor ID badge from the VA Police.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

6. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

1. Nature of the event (loss, theft, unauthorized access);

2. Description of the event, including:

a. date of occurrence;

b. data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

3. Number of individuals affected or potentially affected;

4. Names of individuals or groups affected or potentially affected;

5. Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

6. Amount of time the data has been out of VA control;

7. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

8. Known misuses of data containing sensitive personal information, if any;

9. Assessment of the potential harm to the affected individuals;

10. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

11. Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $ 37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

1. Notification;

2. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

3. Data breach analysis;

4. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

5. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

6. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

VHA Directive 1192 (Influenza) VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Health care personnel is defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers, and trainees who work in VHA locations. HCP covered by the policy are expected to receive annual influenza vaccination. Those HCP unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.

It is the responsibility of the contractor to ensure that all contract staff is compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

· Documentation of vaccination, e.g., signed record of immunization from a health care provider or pharmacy, or a copy of medical records documenting the vaccination.

· Completed Health Care Personnel Influenza Vaccination Form (Attachment B of VHA Directive 1192) if unwilling or unable to receive the vaccine.

The contractor is required to submit annual certification to the Contracting Officer’s Representative (COR) that all contract staff performing services at VA facilities are in compliance with VHA Directive 1192.

See HEALTH CARE PERSONNEL INFLUENZA VACCINATION FORM Below

September 26, 2017 VHA DIRECTIVE 1192

APPENDIX B

HEALTH CARE PERSONNEL INFLUENZA VACCINATION FORM

I received the seasonal influenza vaccine this flu season (required documentation is attached.)

I decline to receive seasonal influenza vaccine at this time for the following reason:

Select the single answer that best fits your reason:

I do not like needles.

I have a philosophical or religious reason for not receiving the vaccine.

I have an allergy to the vaccine or one of its components.

I am concerned about the side effects/safety of the vaccine.

I have never had the flu and don’t think I will this season.

I have another reason. (Please explain)

I acknowledge that VHA policy requires health care personnel to receive the influenza vaccine every year. I understand that if I decline to receive the vaccine and/or to provide proof of vaccination by November 30 or within two weeks of beginning employment if after November 30, I must wear a face mask according to requirements and guidelines within the Directive 1192, Seasonal Influenza Prevention Program.

I have read and fully understand the information on this form and have been given the opportunity to have my questions answered.

Signature: ______________________________ Date: ___________

Name (print): _____________________________ Last 4 SS# _______

Contractor Name: ____________________

[ END OF STATEMENT OF WORK]

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB

Initial One-time move and inventory of product to new storage facility, in accordance with the SOW.

Contract Period: Base POP Begin: 09-27-2019 POP End: 09-26-2020

10,000.00
SF

Storage Space, in accordance with the Statement of Work. Up to 10,000 Square feet, estimated quantity.

12.00
MO

Inventory Management, and Reporting, in accordance with the SOW.

Labor (Standard), in accordance with the SOW.

0004AA

8.00
HR

Union Worker, estimated quantity, in accordance with the SOW.

0004AB

192.00
HR

Non-Union Worker, estimated quantity, in accordance with the SOW.

0004AC

96.00
HR

Foreman/Lead Worker, estimated quantity, in accordance with the SOW.

0004AD

48.00
HR

Certified Furniture Installer and Repair Technician, estimated quantity, in accordance with the SOW.

Labor (Emergency) as authorized by Technical POC, estimated quantity, in accordance with the SOW.

0005AA

8.00
HR

Union Worker, estimated quantity, in accordance with the SOW.

0005AB

16.00
HR

Non-Union Worker, estimated quantity, in accordance with the SOW.

0005AC

8.00
HR

Foreman/Lead Worker, estimated quantity, in accordance with the SOW.

0005AD

4.00
HR

Certified Furniture Installer and Repair Technician, estimated quantity, in accordance with the SOW.

12.00
TRIP

Standard Truck Service, estimated quantity, in accordance with the SOW.

2.00
TRIP

Emergency Truck Service, estimated quantity, in accordance with the SOW.

10,000.00
SF

Storage Space, in accordance with the Statement of Work. Up to 10,000 Square feet, estimated quantity.

Contract Period: Option 1 POP Begin: 09-27-2020 POP End: 09-26-2021

12.00
MO

Inventory Management, and Reporting, in accordance with the SOW.

Labor (Standard), in accordance with the SOW.

1004AA

8.00
HR

Union Worker, estimated quantity, in accordance with the SOW.

1004AB

192.00

HR

Non-Union Worker, estimated quantity, in accordance with the SOW.

1004AC

96.00
HR

Foreman/Lead Worker, estimated quantity, in accordance with the SOW.

1004AD

48.00
HR

Certified Furniture Installer and Repair Technician, estimated quantity, in accordance with the SOW.

Labor (Emergency) as authorized by Technical POC, estimated quantity, in accordance with the SOW.

1005AA

8.00
HR

Union Worker, estimated quantity, in accordance with the SOW.

1005AB

16.00
HR

Non-Union Worker, estimated quantity, in accordance with the SOW.

1005AC

8.00
HR

Foreman/Lead Worker, estimated quantity, in accordance with the SOW.

1005AD

4.00
HR

Certified Furniture Installer and Repair Technician, estimated quantity, in accordance with the SOW.

12.00

TRIP

Standard Truck Service, estimated quantity, in accordance with the SOW.

2.00
TRIP

Emergency Truck Service, estimated quantity, in accordance with the SOW.

10,000.00

SF

Storage Space, in accordance with the Statement of Work. Up to 10,000 Square feet, estimated quantity.

Contract Period: Option 2 POP Begin: 09-27-2022 POP End: 09-26-2023

12.00
MO

Inventory Management, and Reporting, in accordance with the SOW.

Labor (Standard), in accordance with the SOW.

2004AA

8.00
HR

Union Worker, estimated quantity, in accordance with the SOW.

2004AB

192.00
HR

Non-Union Worker, estimated quantity, in accordance with the SOW.

2004AC

96.00
HR

Foreman/Lead Worker, estimated quantity, in accordance with the SOW.

2004AD

48.00
HR

Certified Furniture Installer and Repair Technician, estimated quantity, in accordance with the SOW.

Labor (Emergency) as authorized by Technical POC, estimated quantity, in accordance with the SOW.

2005AA

8.00
HR

Union Worker, estimated quantity, in accordance with the SOW.

2005AB

16.00
HR

Non-Union Worker, estimated quantity, in accordance with the SOW.

2005AC

8.00

HR

Foreman/Lead Worker, estimated quantity, in accordance with the SOW.

2005AD

4.00
HR

Certified Furniture Installer and Repair Technician, estimated quantity, in accordance with the SOW.

12.00
TRIP

Standard Truck Service, estimated quantity, in accordance with the SOW.

2.00
TRIP

Emergency Truck Service, estimated quantity, in accordance with the SOW.

GRAND TOTAL

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (JAN 2017)

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. 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 (a)(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 (a)(4) and (5) above, 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.

(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.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) 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.

(ii) 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—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

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

(iii) Materials means—

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

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

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

(D) 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

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

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, 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.

(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) 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 item at 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 in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause:

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

(2) Total cost. It is estimated that the total cost…

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