36C24518R0212-001.docx

Solicitation: 36C24518R0212

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

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(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.

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)

$0.00 X 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)

CARLA G. MARIA, CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 5/2011)

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 90

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24518R0212 07-25-2018 Carla G. Maria, Contracting Officer 202-745-2448 09-11-2018

4:00 PM E.S.T.

Department of Veterans Affairs

VAMC(688)/36C245

Carla G. Maria, Contracting Officer 50 Irving Street NW Washington DC 20422 X 624229 $7 Million X N/A X Department of Veterans Affairs

VAMC(688)/36C245

Contracting Officer 50 Irving Street NW Washington DC 20422 Department of Veterans Affairs

VAMC(688)/36C245

Contracting Officer 50 Irving Street NW Washington DC 20422 Department of Veterans Affairs VAFSC (VA Financial Services Center) Attn: East Team Po Box 149971 Austin TX 78714

THIS IS A REQUEST FOR A FIRM-FIXED IDIQ CONTRACT PROPOSAL.

The purpose of the “Request for Proposal” RFP is to provide Low barrier non-threatening 24/7 hours transitional housing for Veterans with Severe Mental Health Disorder or Co-occurring disorders ;in accordance with all terms, conditions, provisions and requirements listed herein.

The period of performance will be a Base Year with four (4) one year options exercised at the Government’s discretion.

Offerors are to complete the pricing schedule found under Section B. Offeror must propose pricing on all the solicitation line items (base year and all option years) in order to be considered for award.

DUNS NO.__________________

X X

ONE

Solicitation 36C24518R0212

Table of Contents

SECTION A

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B1. CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS

4. GOVERNMENT INVOICE ADDRESS:

All invoices from the contractor shall be submitted by electronic submission

ALL INVOICES ARE REQUIRED TO BE SUBMITTED THROUGH OB-10 FORMAT LOCATED

WITHIN THE ELECTRONIC PAYMENT SYSTEM VIA WEBSITE:

HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

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

AMENDMENT NO DATE

B2. PRICE/COST SCHEDULE

The Contractor shall provide to the VA Medical Center, Washington DC (VAMC-DC); Low barrier 24hr/7 day transitional housing services (SAFE HAVEN) to veterans with severe mental disorder or co-occurring disorder who are chronically homeless or at risk of becoming homeless, in accordance with all terms, conditions, provisions and requirements listed herein.

This is an Indefinite Delivery, Indefinite Quantity contract because it is impossible to determine with any certainty the amount of services that will be required under this contract. It is understood that no obligation will be incurred by DC VAMC except for services rendered under this contract pursuant to referrals issued by the DC VAMC for housing services to homeless Veterans.

All deliverables and other documentation required by the Statement of Work shall be provided by the Contractor at no additional cost to the charges stated for Basic Services.

NOTE: All Offerors are required to submit proposal that include pricing for the item for the base year and each of the four (4) option years. All quantities are estimates only. The Government is not obligated to any specific quantity, but shall be obligated to provide payments for all services provided in accordance with this solicitation. The guaranteed minimum number of beds, including the base year and any option years exercised is one (1), and the maximum number of beds for each year the contract is in effect shall not exceed twelve (15).

OFFERORS SHALL INCLUDE IN THE PROPOSAL THE MAXIMUM NUMBER OF BEDS THAT SHALL BE PROVIDED TO DC VAMC.

BASE YEAR (Twelve months from Date of Award)

Per Diem Rate based on 15 beds per day/365 days per year

Day

Max.

OPTION YEAR ONE (Twelve months from expiration of Base Year)

Per Diem Rate based on 15 beds per day/365 days per year

Day

Max.

OPTION YEAR TWO (Twelve months from expiration of Option Year 1)

Per Diem Rate based on 15 beds per day/365 days per year

Day

Max.

OPTION YEAR THREE (Twelve months from expiration of Option Year 2)

Per Diem Rate based on 15 beds per day/365 days per year

Day

Max.

OPTION YEAR FOUR (Twelve months from expiration of Option Year 3)

Per Diem Rate based on 15 beds per day/365 days per year

Day

Max.

GRAND TOTAL (Base Year plus 4 Option Years) $_____________

B3. STATEMENT OF WORK

OBJECTIVE

The Contractor shall provide to the Department of Veterans Affairs (VA) Community Based Transitional residential care, treatment and rehabilitative services to Veterans with severe mental illness that are homeless or at risk of becoming homeless, in accordance with all terms, conditions, provisions and requirements listed herein. The period of performance for these services shall be for a base year, from the date of award through one calendar year, with four (4) one-year options for renewal. The option periods shall be subject to the availability of funds and shall be exercised at the VA’s discretion.

BACKGROUND

The VA has implemented several different types of housing and services over the past five years geared at ending homelessness among Veterans. However, despite the Department of Veterans Affairs best efforts and intentions, analysis have shown that the special needs of some Veteran homeless subpopulation are often unmet or only partially addressed. This frequently applies to homeless Veterans with severe and persistent mental illness or co-occurring substance abuse disorder. Often the most visible, yet, hardest to reach homeless veteran population. The opportunities for these individuals to move beyond homelessness are reduced due to the nature of their disability which disrupts their judgment, motivation and social skills. Because of their complex needs and frequent resistance to both mental health and or homeless services a comprehensive and flexible array of services and supports need to be readily available to them. Having a Safe Haven as an option will provide a safe non-threatening place for Veterans to become stabilize. Ending homelessness among Veterans and maintaining at functional zero continues to be a significant goal for the Department of Veterans Affairs. The utilization of a Housing First module along with the continuum of care approach will continue to be utilized to meet this goal. This approach will foster partnership between community providers and the Veterans Affairs Medical Center as well as community base and comprehensive response to meeting the different and frequently complex needs of homeless Veterans. The Safe Haven module has proven to be an integral part of this continuum to fulfill this initiative.

The Washington D.C. VA Medical Center (DC VAMC) seeks to partner with community providers to establish a Safe Haven: a type of supportive housing that serves hard to reach homeless Veterans with severe and persistent mental illness and or co-occurring disorder who are on the street and have been unwilling to participate in supportive services.

Purpose

The Purpose of the Safe Haven is to provide low barrier non-threatening 24/7 hours transitional housing for Veterans with severe Mental Health disorder or Co-occurring disorder. This facility will serve the hard to reach homeless Veterans with serve mental illnesses who are on the streets and have been unable or unwilling to participate in supportive services.

For some persons with mental illnesses who have been living on the streets, the transition to permanent housing is best made in stages, starting with a small, highly supportive environment where an individual can feel at ease, out of danger, and subject to no immediate service demands. Safe Havens do not require participation in services and referrals as a condition of occupancy. Rather, it is hoped that after a period of stabilization in a Safe Haven, residents will be more willing to participate in services and referrals, and will eventually be ready to move to more traditional forms of housing. Safe Havens can serve as an entry point to the service system and provide access to basic services such as food, clothing, bathing facilities, Telephones, storage space and a mailing address.

This facility shall provide:

1. Three meals per/day as well as laundry accommodation

2. Medication monitoring

3. Intensive case management.

4. Provides 24-hour residence for up to 6months.

5. Provide private or semi-private accommodations

6. Activity center for residents and or structured day program

7. Outreach Safe Havens target the most difficult to serve chronically homeless population. Individuals who are chronically homeless tend to have mental illnesses or co-occurring disorders that make them inherently distrustful of people and programs.

8. Intake/Assessment Certain information must be gathered about program participants to comply with VA reporting and data collection system requirements, and to assess client needs. However, clients may have a number of problems communicating important information to program staff, due to lack of knowledge, stigmatization, or mental health issues.

9. Engagement The philosophy behind the Safe Haven model dictates that housing and services be delivered in a low demand, coercion-free environment. Yet supportive services are crucial to achieving long-term housing and occupational stability for the target Veterans.

Scope of Work

The Safe Haven provider shall provide 24-hour staffed low demand transitional residence in Washington DC Metropolitan area. The facility must provide at least three (3) beds clustered exclusively for Veterans; The Program must provide onsite laundry, three meals/day, medication monitoring, computer access for Veterans, and access to daytime activities.

1. The Safe Haven provider shall target chronically homeless (as defined by HUD) with serious mental illness (as defined by VHA) and substance use problems.

2. The Safe Haven provider shall allow VA staff to inspect the facility and/or review Veteran participant treatment protocols at any time determined necessary by VA.

3. The Safe Haven provider shall offer a low-demand environment with a minimum set of rules designed to re-establish trust in the chronically homeless Veteran and engage the Veteran in needed treatment services.

a. Acceptance of treatment cannot be a condition of admission or continued stay.

b. Abstinence from alcohol or drugs cannot be a condition of treatment or continued stay.

c. Infractions of rules should be used as opportunities for engagement.

6. The provider must have the ability to accommodate immediate admissions 24 hours per day, seven (7) days per week. All admissions must have concurrence of VA. If a Veteran presents at the facility during weekends or at night, the Safe Haven provider may accept the Veteran, however, VA staff have right of approval/disapproval for payment.

7. Safe Haven staff shall develop a highly individualized treatment plan with each Veteran with low-demand program goals.

8. The Safe Haven provider shall encourage Veterans to work towards transitional or permanent housing within six (6) months of admission. All extensions beyond six (6) months will require approval of the VA.

9. The Safe Haven provider shall ensure that the facility meets all applicable life/safety codes and other standards/compliance requirements as determined by VA, including Americans with Disabilities Act accessibility.

10. The Safe Haven provider shall allow VA staff to inspect the facility and/or review Veteran participant treatment protocols annually and at any time determined necessary by VA.

11. The Safe Haven provider shall provide transportation services for Veterans to attend medical appointments, search for transitional or permanent housing and address other care needs.

12. The Safe Haven provider selected for the demonstration project must have at least two (2) years of direct experience as a provider of a Safe Haven Program or a program demonstrating the low-demand model.

13. The Safe Haven provider shall provide newly admitted Veterans with all necessary furnishings and clean linens. Basic toiletries will be provided for all Veteran residents.

14. The Safe Haven Provider shall ensure that all meals provided are nutritious and that food items will remain available throughout the day. Three (3) meals per day need to be provided.

15. The Safe Haven provider shall ensure that the facilities are well maintained and clean.

16. The Safe Haven provider shall participate in annual homeless events sponsored by the VA Maryland Health Care System and or the DC VA Medical Center, i.e., local Stand Down events.

17. The Safe Haven provider shall be knowledgeable of local VA and non-VA Homeless Programs and maintain a willingness to collaborate with other Providers as it benefits the Veterans.

18. The Safe Haven Provider shall have a site currently available to implement the Safe Haven Model.

19. The Contractor shall provide a locked and secured area for medications. This location shall only be accessible by the contractor staff. It is recognized that Veterans will take their own medications, but they shall be supervised by contractor staff while obtaining and consuming their daily medications.

20. The Contractor shall comply with the VA Veteran's Bill of Rights as set forth in section 17.34a, title 38, Code of Federal Regulations.

21. The Contractor shall assist in preparing reports, maintaining records and databases to track referrals, acceptances, denials, discharges, and follow-up post discharge.

22. The Contractor shall provide monthly invoices in a timely manner, no later than the fifth day of the month, in order to receive timely compensation for the services identified in the contract.

23. The Contractor shall provide documentation to the VA HCHV staff of services provided to each Veteran on a monthly basis, outlining quality and effectiveness of services provided no later than the tenth day of each month

24. Contractor shall provide the VA HCHV staff an individualized services plan with-in seven days of admission and discharge summary with-in three days of discharge.

25. The Contractor’s per diem rate established by this contract shall include the services listed in this document and also include all services and supplies normally provided other clients by the agency without extra charge.

26. The Contractor shall employ trained professional staff to carry out the requirements of the contract. This shall include but not limited to; Licensed Clinical Social Worker, and Case Aid. There shall be an identified professional specifically assigned to the contract who shall be the point of contact for the HCHV staff.

27. The Contractor shall make available documentary information required for the VA to conduct utilization review audits for the mandated national evaluation study as required by section 2 of Public Law 100-6; to verify quality of care for Veterans, to assure confidentiality of Veteran record information, and to determine the completeness and accuracy of financial records.

28. The Contractor shall collaborate with the Veteran and HCHV staff to conduct treatment and discharge planning reflecting a team assessment of health, social and vocational needs and the involvement of Veteran's family and appropriate community resources in resolving problems and setting goals.

29. The Contractor shall provide transportation to and from the VA-DCHCS facilities for scheduled appointments or services. It is recommended that services be provided no more than 50 miles from the VA.

Special Contract Requirements

1. The Contractor shall notify the authorizing VA staff immediately when a medical emergency occurs that requires hospitalization of any Veteran receiving care under this contract. If hospitalization of a non-emergency nature is required, it is agreed that admission to a VA hospital shall be accomplished consistent with VA eligibility criteria, as determined by Medical Administration Service.

2. In the event of a beneficiary receiving services under the Assertive Community Case Management Team contract dies, the contracted agency shall promptly notify the VA staff authorizing services and immediately assemble, inventory, and safeguard the Veteran's personal effects. The funds, deposits, and effects left by the Veterans shall be delivered by the agency to the person or persons entitled thereto under the laws currently governing the contracted facility for making disposition of funds and effects left by Veterans, unless the beneficiary died without leaving a will, heirs, or next of kin capable of inheriting. When disposition has been made, the itemized inventory with a notification as to the disposition of the funds and effects will be immediately forwarded to the VA office. Should a deceased Veteran leave no will, heirs, or next of kin, his or her personal property and funds wherever located vests in and becomes the property of the United States in trust. In these cases the contracted agency shall forward an inventory and any such property and funds in its possession to the appropriate VA office and will hold them (except articles of clothing necessary for a proper burial) under safeguard until instructions are received from the VA concerning disposition.

3. The Contracted Agency shall inform the VA's Point of Contact (POC) first by phone and then in writing when they are unable to contact a veteran assigned to the program; within 72hrs. Disengagement of the Veteran and his/her family from services provided by the contracted agency in excess of seven (7) business days will not be reimbursable except with the prior approval of the Chief, Mental Health Service or his/her designee. Should a Veteran receiving service from a contracted agency discontinue services or is unreachable for more than seven (7) days, payment for services for that Veteran to the contract agency would be continued for a maximum of three (3) days provided there is an active outreach attempt on the part of the contracted agency staff to reengage the Veteran and his/her family in services and a strong likelihood that the Veteran will reengage. Management of program dropout will be an element of the quality assurance review of this program.

4. Subsequent inspections and auditing of the contractors files, work environment must be made yearly by a multidisciplinary team necessary to assure the agency provides quality care in a safe, respectful and confidential manner. As site visits are accomplished by VA program staff personnel, attention will be directed to the adequacy of Veterans' records. Site visits will include a spot check of records to ensure contractor invoices accurately reflect length of service to Veteran and his/her family.

5. The Contractor shall maintain an individual clinical record on each Veteran placed under this contract. The Contractor shall comply with the requirements of

6. The "Confidentiality of Certain Medical Records" (38 USC 4132), and the "Confidentiality of Alcohol and Drug Abuse Veterans Records" (42 CFR, Part II) when appropriate. All case records shall be maintained with the security and confidentiality as required, and shall be made available on a need-to-know basis to appropriate VA staff members involved with the treatment program of the Veterans concerned. In addition to reasons for referral, the clinical record maintained by the contract facility shall include:

a. All essential identifying data relevant to the Veteran and his/her family, including a psycho-social assessment.

b. Data relating to the Veteran’s admission, to include the targeted goals for the constructive changes which are to be attained during service period and the anticipated length service, if known. Each month an admission log shall be completed by the contract facility for submission to the authorized VA staff.

c. Copies of any medical prescriptions issued by physicians, including orders, if any, for medications to be taken.

d. Monthly reports of periodic reevaluation by program staff, to include any measures of movement toward rehabilitation goals, with particular focus on the attainment of self-help skills, greater self-sufficiency and stable housing.

e. Discharge summaries on each Veteran who leaves the program, to include a description of beneficial changes realized during the case management period, reasons for leaving, the Veteran's future plans, and follow-up plans and requirements information. Veteran discharge shall only occur during VA business hours of Monday through Friday, 8:00AM to 4:30PM, except for medical or security reasons.

f. Upon discharge or death of the Veteran, medical records on all VA beneficiaries shall be retained by the contracted facility for a period of three (3) years following termination of care.

Instructions, Conditions, and Notices

1. All Veterans admitted to this contract will be referred and or verified by HCHV staff. The contractor shall conduct outreach and obtain authorization from HCHV staff prior to services being rendered. All Veterans and their families will be literally homeless.

2. The VA will authorize services that are individualized to the unique needs of the Veteran and his/her family, for most Veterans and their families the expected duration of services is six (6) months. However, depending upon the clinical needs of the Veteran as determined by the Veteran, the HCHV staff, and the contracted agency the duration may be longer.

3. A Veteran being served by the contracted agency ACT Team can only be discharged to the appropriate level of care when it has been determined by the contracted agency, the Veteran and his/her family, and the HCHV clinical team that the Veteran and his/her family has been stabilized in appropriate housing.

4. The C&A requirements do not apply and a Security Accreditation Package is not required.

Extension of Contract Period

One year extensions not to exceed four (4) renewals may be granted by the Government with the concurrence of the contractor. Notice of an extension must be served in writing by the Government sixty (60) days prior to the scheduled expiration date. The extension is granted subject to the availability of funds.

Payments and Invoices

It is understood that no obligation will be incurred by the VA under this contract until authorizations are issued by the Chief, Mental Health and Behavioral Sciences Service or his/her designee for residential treatment for specific beneficiaries. The VA agrees to make payment on a timely basis for services rendered in accordance with such authorization upon receipt of billings submitted at the completion of each month's services. If a beneficiary is admitted to and discharged on the same calendar day, payment will be made for one (1) day. Invoices shall be submitted to the VA facility authorizing admission of the Veteran for verification, certification, and authorization for payment. Payment will be made by VA Financial Services Center, Austin TX.

B4. INFORMATION REGARDING CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) – CONTRACTOR’S RESPONSIBILITY

This contract will require reporting by the Veterans Health Administration (VHA) in the Contractor Performance Assessment Reporting System (CPARS); therefore, at the time of award the contractor shall provide to the Contracting Officer a Point-of-Contract (POC) individual who will be responsible for managing reports within CPARS on this contract and will be assigned the role as “contractor representative” (CR) within CPARS.

CPARS is a Federal-agency wide system for the collection of Contractor Past Performance Information (PPI). Reporting PPI through CPARS is being implemented throughout VHA to be in compliance with the requirements of FAR Part 42 for documenting contractor performance assessments and evaluations.

PPI is relevant information for future source selection purposes regarding a contractor’s actions under previously awarded contracts. It includes, for example, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and, generally, the contractor’s business-like concern for the interest of the customer.

After award, the contractor’s CR will receive an email notification that access to the contract has been given to them. The CR should ensure that their contact information is accurate in CPARS at http://www.cpars.gov. The Contracting Officer/Contracting Officer Representative will evaluate the contractor's performance throughout the life of the contract, generally every 365 days, and at the end of contract performance. The report shall, then, be assigned in CPARS to the contractor's designated CR for comment.

The contractor’s CR will have up to 60 calendar days to submit any comments and then the evaluation will be re-assigned to the VA Contracting Officer/contract specialist acting as the Assessing Official within CPARS. Failure to comment and respond within the 60 calendar days will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond. The contractor should note that the government’s evaluation will appear in the Past Performance Information Retrieval System (PPIRS) on calendar day 15 in a pending status if the CR has not commented by calendar day 15. After the CR has either commented or failed to respond within 60 calendar days, the evaluation will become final in PPIRS.

B5. LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for Hub Zone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B6. SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

Solicitation: 36C24518R0212

SECTION C - CONTRACT CLAUSES

C1. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide 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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract 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-- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

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

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

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

(i) Payment.-

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government…