36C24520Q0271-004.docx

36C24520Q0271

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

36C24520Q0271 03-06-2020 Jameel Gordon, jameel.gordon@va.gov 410-642-2411 03-11-2020

11:59PM EST

Department of Veterans Affairs

VAMC

10 N Greene St Baltimore

MD

21201 X X 485999 $16.5 Million N/A X Department of Veterans Affairs VAMC(512) Warehouse 10 N Greene St Baltimore

MD

21201 Department of Veterans Affairs

VAMC

10 N Greene St Baltimore

MD

21201

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page The Department of Veterans Affairs, NCO 5 intends to award a firm fixed price contract in accordance with FAR Part 13 for Transportation Services in accordance with the Statement of Work.

The services will only run through 7 months of a year due to weather, and an option year.

The anticipated award date is 3-13-2020 See CONTINUATION Page X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs

VAMC

10 N Greene St Baltimore MD 21201

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK (SOW)

1. Contract Title. Transportation Services for VAMHCS VA FARMS Training

2. Background. Vocational Rehabilitation Services was awarded a grant to create a pilot program (hereinafter called VA FARMS) to train Veterans in agricultural vocations while also tending to their behavioral and mental health needs. Purchase order #512C80514 was awarded to authorize Therapeutic Alternatives of Maryland (TALMAR) (located at 1994 Cromwell Bridge Road, Baltimore, MD 21234) to provide three sessions of specialized services.

3. Scope. The Vendor will provide transportation between the Baltimore VA Medical Center (10 N Greene St Baltimore, MD 21201) and TALMAR Gardens & Horticultural Therapy Center, and between the Perry Point VA Medical Center (Avenue D Bldg. #364 Perry Point, MD 21902) and TALMAR Gardens & Horticultural Therapy Center. Transportation will be required from each location Session 1: 3 days a week for a total of 10-weeks, Session 2: 2 days a week for a total of 15-weeks and Session 3: 3 days a week for a total of 10-weeks. Pick-up is at 7:00a and 1:45 p as listed in the proposed schedule. The driver can give a 10 min grace period before departing.

4. Specific Tasks. Two sessions will take place concurrently requiring transportation from both locations. Session One training days will be Monday, Wednesday, and Friday and will begin on or about 3/2/2020. Session Two training days will be Tuesday and Thursday beginning on or about 3/3/2019. Session Three training days will be Monday, Wednesday, and Friday and will begin on or about 6/29/2020. (There may be a change of schedule due to adverse weather conditions)

Session 1 3/2/2020 1-8

Perry Point VAMC 10 weeks for service

5. Performance Monitoring. TALMAR confirm timeliness of arrivals & VA passengers will be requested to complete a survey rating timeliness of pick-up & drop-off, safety and courtesy.

6. Security Requirements. N/A

7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI). N/A

8. Other Pertinent Information or Special Considerations.

a. Check the local news regarding Baltimore County Government closures. TALMAR will not provide training during periods of inclement weather when Baltimore County Government is closed, therefore transportation will not be needed.

b. Training will not be conducted on Federal Holidays therefore transportation will not be needed.

SECTION 1 - Contract Definitions / Acronyms

1.1. Base Rate is the rate paid for one day of transportation from a designated pick up point to a designated delivery point. This rate will be paid for all authorized one-way trips ordered under this contract action during all phases of the trip made on behalf of the Government. The Base Rate shall constitute full compensation for one-way trips and no additional per mile rates will apply.

1.2. Beneficiary is a Veteran determined to be eligible for benefits by the VA.

1.3. Contracting Officer (CO) – VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings, and is a member of the vehicle inspection team.

1.4. Contracting Officer's Representative (COR) is the VA official responsible for providing contract oversight and technical guidance to the CO. The CO shall delegate authority for performing certain responsibilities to the COR via a COR delegation. The COR’s have responsibilities, which include certifying invoices, placing orders for service, providing technical guidance, overseeing technical aspects of the contract, and is a member of the vehicle inspection team.

1.5. Contractor – The term "Contractor" as used herein refers to both the prime Contractor and his employees, and any subcontractors and their employees. The Contractor shall be responsible for assuring that his subcontractors comply with the provisions of this contract.

1.6. A charge will not be allowed if authorized personnel cancelled the trip within 12 hours of the scheduled pick-up time.

1.8 Quality Assurance – Those actions taken by the Government to assure services meet the requirements of this contract.

1.9. Quality Assurance Evaluator(s) Government personnel responsible for surveillance of contractor performance.

1.10. Quality Assurance Surveillance Plan (QASP) is an organized written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the Contractor's continuous performance.

1.11. Quality Control — Actions taken by the Contractor to control the production of goods or services so they will meet the requirements of the contract.

1.12. Vehicle(s) — The term refers to all modes of transportation provided under the requirements of this contract, unless a specific mode of transportation is identified.

SECTION 2 - General Information

2.1 The purpose of this contract is to provide Shuttle Transportation Services for the Veterans and/or employees within the Veterans Integrated System Network (VISN 5) to and from the designated locations:

ADDRESS FOR SHUTTLE LOCATIONS

· Baltimore VA Medical Center, 10 North Greene Street, Baltimore, MD 21201

· Perry Point VA Medical Center, Avenue A Bldg. # 364, Perry Point, MD 21902

· TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234

2.2. Performance and Notification

2.2.1 Contractor shall provide shuttle services utilizing vehicles capable of transporting safely and comfortably, per the hours stated under section 2.1 When transporting all passengers, contractor shall be in accordance with VHA DIRECTIVE 2008-020.

2.2.2 Electronic Transmissions: The Contractor shall propose an electronic media, (e.g. facsimile, e-mail), available at all times during the period of performance to communicate requirements such as Veterans incidents, requests for services, special correspondence, etc. with the VA. Use of this communication system will be mutually agreed upon after award but prior to contract performance.

2.2.3 Contractor Personnel Roster: Within seven (7) days after contract award the contractor shall provide the following employee information:

1. Name:

2. Position

3. Title, and

4. Work assignment area

2.2.4 Thereafter, any personnel changes shall be submitted prior to any changes occur and only after approval of the Contracting Officer.

2.3. Contractor Personnel Qualifications

2.3.1 Contractor employees shall conduct themselves in a business-like manner at all times while on VA premises, and while in the presence of Veterans while working under this contract. Contractor shall furnish an identifying badge with name, function, and name of Contractor and a photograph of the employee. Contractor personnel will wear an appropriate and professional uniform. Appropriate and professional is defined as practical, clean and neat at all times. Undergarment should not be visible through or show outside of outer clothing. Shoes should be closed-toe and allow employee to respond to any type emergency. Hair should be neatly arranged. It is the contractor’s responsibility to foster confidence and trust in Veterans, visitors, and employees through professional behavior and appearance. Contractor personnel performing contract services shall meet at all times the qualifications specified in this contract, as well as any qualifications required by Federal, State, County and local government entities from the place in which they operate.

2.3.2 Within seven (7) days after receipt of award notification, the contractor shall provide evidence of required training, certifications, licenses and any other qualifications required for this contract. The initial documentation shall be provided to the Contracting Officer (CO) prior to the commencement of performing any services under this contract.

2.3.3 During the period of performance, if the Contractor proposes to add-on or replace personnel to perform contract services, the Contractor shall submit the required evidence of training, certifications, licensing and any other qualifications to the Contracting Officer. At no time shall the Contractor utilize add-on or replacement personnel to perform contract services who do not meet the personnel qualifications of this contract and who have not been approved by the CO.

2.4. Transportation Driver

2.4.1 Contractor shall be responsible for using appropriate driver screening and selection criteria when employing drivers. Appropriate driver screening is defined as license criteria to operate appropriate vehicles and positive driving history. Such screening shall include but not limited to testing drivers for prohibited drug use and alcohol misuse; a criminal background check, to the maximum extent permitted by state law.

2.4.2 Drivers shall have a valid operator's license in accordance with Federal, State and local government requirements for their place of operation for the services they perform.

2.5 Contractor Equipment, Vehicles and Inspection

2.5.1 The VA reserves the right to inspect contractor's equipment and vehicles or require documentation of compliance with contract specifications, and State laws, rules, regulations and guidelines governing transportation vehicles. VA inspections of contractor equipment will not constitute a warranty that the contractor's vehicles and equipment are properly maintained.

2.5.2 The VA reserves the right to restrict the Contractor's use of equipment and vehicles that are not in compliance with contract requirements. The restriction of such equipment and vehicles shall not relieve the contractor from performing in accordance with the strict intent and meaning of the contract and without additional cost to the VA.

2.5.3 Vehicles shall meet all current applicable Federal, State and local specifications and regulations including, but not limited to, licensing, registration, and safety standards.

2.5.4. Vehicles shall be clean and maintained in good repair in accordance with manufacturer's instructions and specifications, at all times during the performance of this contract.

2.5.5 At no time will the Contractor leave vehicles on VA premises unless a pick-up or delivery is in process.

2.6 Contractor Performance

2.6.1 Contractor will be notified who will be the COR and who will be the Transportation Manager, prior to commencement of contract

2.7 Veterans’ Rights

2.7.1 The contractor shall be courteous to VA beneficiaries and shall not smoke while transporting Veterans.

2.7.2 The Contractor shall immediately notify the VA of any incidents involving injury to Veterans during transport. The Contractor shall promptly complete and submit to the Contracting Officer Representative and the Contracting Officer, an Incident Report with all information felt to be necessary for any full review.

2.7.3 The Contractor shall notify the COR, in writing within 24 hours, of any complaints made by the Veterans with regards to transportation services. The Contractor may provide recommendations for improved services along with the Veteran complaints for the VA's review. No recommendation shall be construed as being effective until and unless it is provided as a written modification to the contract from the Contracting Officer.

2.8 Contractor’s Responsibilities and Insurance Requirements

2.8.1 The Contractor shall obtain all necessary licenses and/or permits required to perform this work. Necessary licenses and permits required to perform are stated in VHA Directive 2008-020 in Section D.4. The Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. The Contractor shall be responsible for any injury to himself, his employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his or her employees' fault or negligence.

2.8.2 The Contractor shall maintain personal and automobile liability, and property damage insurance, as prescribed by the laws of the and in accordance with VAAR 852.237-71. Evidence of coverage is required before commencing work under this contract (copy of Certificate of Insurance), and it may not be changed or cancelled without thirty calendar days prior written notice to the COR.

2.9 Safety Requirements

2.9.1 In order to protect the lives and health of Veterans, the Contractor shall take such safety precautions as the Contracting Officer, or the COR, may determine to be reasonably necessary. Please reference VHA Directive 2008-020 in Section D.4.

2.9.2 The Contracting Officer, or the COR, will notify the Contractor of any safety non-compliance and the action to be taken.

2.9.3 The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order, stopping all or any part of the work.

2.10 Interference with Normal Functions

2.10.1 The Contractor’s personnel may be required to interrupt their work at any time so as not to interfere with the normal functioning of the medical facility, including utility services, fire protection systems, and passage of facility Veterans, personnel, equipment and emergency and/or service carts. These interruptions should only be occasional. Any interruptions considered to be excessive should be brought to the attention of the Contracting Officer.

2.11 Contractor's Quality Control Program (QCP)

2.11.1The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. A copy of this QCP will be forwarded to the CO in the complete RFQ package submitted by the contractor. The QCP is separate from the required Management/Technical Capabilities that will be provided by the contractor. The CO will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. The Contractor's QCP shall include the following or have incorporated into during performance of contract, at a minimum:

2.11.2 An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis and how often inspections will be accomplished and documented, and the title of the individual(s) who will perform the inspections.

2.11.3 On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

2.11.4 For methods used for identifying the quality of service performed please reference the Quality Assurance Surveillance Plan (QASP) located in Section D.2 QASP

2.18.5 On-site records of all vehicle maintenance and repairs performed on vehicles used in the performance of this contract. Institute methods to identify and prevent vehicle breakdowns, and detailed procedure for alternative transportation of Veterans in the event of mechanical breakdown of vehicle.

2.11.6 On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

2.11.7 The methods of identifying and preventing radio communication breakdowns. Provide a detailed procedure for alternative communications in the event of electronic and mechanical breakdown of vehicle two-way radios.

2.11.9 On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused

SECTION 3 - Government Furnished Property: N/A SECTION 4 - Contractor Furnished Equipment and Supplies.

The Contractor shall furnish all equipment and supplies not identified in Section 3 of the SOW as Government-Furnished supplies and equipment or specifically identified in this section.

4.1 Contractor Vehicles

4.1.1 Vehicles shall contain at a minimum, the following:

4.1.2 Side and rear loading doors shall be operational from both inside and outside vehicle.

4.1.3 Steps shall be treated with non-skid material.

4.1.4 Vehicle shall have safety belts for all occupants.

4.1.5 Vehicle shall have heating, air conditioning and adjustable temperature controls.

4.1.6 Vehicle shall contain four (4) emergency flares and warning lights, and one (1) five (5) pound ABC rated fire extinguished with fire extinguisher tag showing record of inspections.

4.1.7 Vehicle shall contain a First Aid Kit with a minimum of the following: band-aids, gauze, elastic bandages, sterile gauze pads, triangular bandages, cleansing wipes, tape, scissors, eye pads, and ammonia inhalants. All items shall be packed in sterile containers.

4.1.8 Vehicle shall have two (2) clean blankets. Each time a blanket is used during the performance of this contract, the contractor is required to replace the used blanket with a clean blanket

4.1.9 Vehicle shall have on board supplies to provide infections control precaution procedures; such as Hand Sanitizer.

4.1.10 A two-way radio or cellular phones that shall be fully operational at all times during contract performance.

B.3 SCHEDULE

The Contractor is to provide all personnel, vehicles, equipment, supervision, etc. to provide SHUTTLE SERVICE to VISN 5 in accordance with the Statement of Work, terms, conditions, provisions, specifications, and schedules of this solicitation. The contract period will consist of a base period of 7 months, plus one options if funding is authorized.

NOTES: In accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts), option year pricing shall not include any allowance for any contingency to cover increased labor rates resulting from incorporation of a new Department of Labor wage determination at the beginning of each option year period. This clause provides for an adjustment to contract price to cover increased wage and fringe benefit costs if necessary, to comply with a new wage determination; and an adjustment to contract price shall be requested by the Contractor within thirty (30) days after receiving a new wage determination, if required by the Contractor to comply with the new wage determination.

END.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234. The contract period will consist of a base period of 7 months, plus one (1) option based upon funding. Date may be extended due to adverse weather conditions.

Contract Period: Base POP Begin: 03-13-2020 POP End: 02-28-2021 PRINCIPAL NAICS CODE: 485999 - All Other Transit and Ground Passenger Transportation PRODUCT/SERVICE CODE: V999 - Transportation/Travel/Relocation- Other: Other

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234. The contract period will consist of a base period of 7 months, plus one (1) option based upon funding. Date may be extended due to adverse weather conditions.

POP Begin: 03-13-2020 POP End: 02-28-2021

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234. The contract period will consist of a base period of 7 months, plus one (1) option based upon funding. Date may be extended due to adverse weather conditions.

POP Begin: 03-13-2020 POP End: 02-28-2021

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234. The contract period will consist of a base period of 7 months, plus one (1) option based upon funding. Date may be extended due to adverse weather conditions.

POP Begin: 03-13-2020 POP End: 02-28-2021

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234. The contract period will consist of a base period of 7 months, plus one (1) option based upon funding. Date may be extended due to adverse weather conditions.

POP Begin: 03-13-2020 POP End: 02-28-2021

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234. The contract period will consist of a base period of 7 months, plus one (1) option based upon funding. Date may be extended due to adverse weather conditions.

POP Begin: 03-13-2020 POP End: 02-28-2021

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234. The contract period will consist of a base period of 7 months, plus one (1) option based upon funding. Date may be extended due to adverse weather conditions.

POP Begin: 03-13-2020 POP End: 02-28-2021

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234.

Contract Period: Option 1 POP Begin: 03-01-2021 POP End: 02-28-2022

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234.

POP Begin: 03-01-2021 POP End: 02-28-2022

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234.

POP Begin: 03-01-2021 POP End: 02-28-2022

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234.

POP Begin: 03-01-2021 POP End: 02-28-2022

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234.

POP Begin: 03-01-2021 POP End: 02-28-2022

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234.

POP Begin: 03-01-2021 POP End: 02-28-2022

Transportation for Veterans participating in VA FARMS Horticultural Training at TALMAR Gardens & Horticultural Therapy Center 1994 Cromwell Bridge Road Baltimore, MD 21234.

POP Begin: 03-01-2021 POP End: 02-28-2022

B.3 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

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

(End of Clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

(End of Clause)

C.4 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

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

(End of Clause)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

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

(End of Clause) C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

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

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

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

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

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

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation.