36C24523Q1089.docx

36C24523Q1089

RFQ 36C24523Q1089

Valet Services Hershel Woody Williams VA Medical Center 1540 Spring Valley Drive Huntington, WV 25704

This solicitation is intended to procure valet services in accordance with the statement of work.

NAICS: 485999

TYPE OF CONTRACT: This will be a Firm-Fixed-Price Contract

This is a SDVOSB set-aside. Please see section E for Instructions to Offerors.

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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

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17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

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24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

581-24-1-410-0002 36C24523Q1089 08-18-2023 Tracy Dotson 304-263-0811 x7627 09-01-2023 15:00

EDT

Department of Veterans Affairs Network Contracting Office 5 (NCO 5) 90C

NCO 5

1540 Spring Valley Dr.

Huntington WV 25704 X X 485999 $19 Million N/A X Hershel Woody Williams VA Medical Center 624 9th Street Huntington WV 25701 Department of Veterans Affairs Network Contracting Office 5 (NCO 5) Satelite Office 1540 Spring Valley Drive Huntington WV 25704

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 Contractor shall provide valet services in accordance with the statement of work.

See Section E for instructions to offerors.

POC: tracy.dotson@va.gov See CONTINUATION Page 581-3640152-410-840700-2580 0100407V1 X X X Craig Armagost Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C245 Department of Veterans Affairs Network Contracting Office 5 (NCO 5) 90C

NCO 5

1540 Spring Valley Dr.

Huntington WV 25704

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.

B.2 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Hershel “Woody” Williams VA Medical Center Valet Parking Services

2. Scope of Work: The Hershel “Woody” Williams VA Medical Center (HWWVAMC) is seeking the services of a Contractor to provide valet operations at the facility located at 1540 Spring Valley Drive, Huntington, West Virginia, 25704. HWWVAMC recognizes the need to continue to assist and accommodate Veterans, family members, and visitors in providing valet operations while they are receiving care, picking up prescriptions and medical supplies or visiting a patient. The Contractor shall furnish and provide appropriate labor, supervision, materials, equipment, and supplies to provide professional valet operations. The Contractor will provide:

a. Adequate experienced, fully trained, and professional valet employees to park vehicles for the hours of operation specified along with on-site management to handle customer concerns and parking incidents. The Contractor is responsible for all recruiting, hiring, training, and management of valet employees.

b. Operations for parking approximately 100-120 vehicles per day.

c. Locking key cabinet(s), safety cones, signs, roadblocks, and other supplies and materials and/or miscellaneous items necessary to operate and manage valet operations. All signs shall be at least 30” X 30”. Hand-written signs shall not be allowed.

d. A minimum of two “NO TIPPING” signs (minimum of 30” X 30”). The “No Tipping” policy shall be strictly enforced. Valet employees shall be restricted form accepting tips of any kind.

e. A minimum of two “Insurance Liability” signs (minimum of 30” X 30”) for vehicle damage claims.

f. Booths/shelters, if desired, will be provided at the expense of the Contractor, to include connecting to a power source with the approval of the COR. The contractor shall provide a description, pictures, and site proposal to the COR of any proposed temporary buildings.

3. Acronyms. The following acronyms are used throughout the statement of work:

a. CO- Contracting Officer

b. COR- Contracting Officer’s Representative

c. HWWVAMC- Hershel “Woody” Williams Veterans Affairs Medical Center

d. VAPD- Hershel “Woody” Williams VAMC Police Service

B. PERIOD OF PERFORMANCE

1. The contract term will be a base + 4 option periods.

C. SITE INSPECTION.

1. A site inspection/walk-through for all interested Contractors can be scheduled by the Contracting Officer for any interested contractors. All interested Contractors are encouraged to attend the site inspection and walk-through of the HWWVAMC campus and facilities. ONLY one walk-through for this solicitation shall be conducted.

2. Contractors shall be responsible for all costs and travel expenses associated with the site inspection visit. While not mandatory, failure to attend the site inspection walk-through shall not release the Contractor from complying with the terms, conditions, specifications, and requirements of the resulting contract.

D. POST AWARD PERFORMANCE CONFERENCE

1. CO may schedule a post award performance conference with the Contractor, if deemed necessary, for contract orientation purposes.

2. Contractor shall have 45 calendar days, after notification of contract award, to implement their proposed valet operations plan and perform day-to-day operations.

E. DESIGNATED VALET PARKING LOT(S).

1. HWWVAMC has designated a sequestered section of Parking Lot #3, consisting of approximately 50 spaces to be used for valet parking. The valet parking lot is approximately 750 feet northeast of the drop off point.

2. Contractor shall not make any alterations to parking lots. If parking lot alterations are desired, the Contractor shall notify the CO and/or COR in writing with the recommended changes. If the recommended changes are approved, the Contractor shall be notified in writing by the CO.

3. Contractor shall have control of vehicles parked in the designated parking area(s) in the context of maximizing the space available and facilitating a smooth operation. The Contractor shall be responsible for parking control and monitoring the designated parking lot(s) assigned for valet operations. The VAPD will always maintain overall authority over all vehicles and parking.

4. Valet parking personnel are permitted to park their own vehicles in the approved valet parking lot(s).

F. ORDERING ACTIVITY AND CHANGES TO CONTRACT

1. CO will forward the Delegation of Authority letter(s) to the using service and Contractor after agreement has been signed, identifying the individual(s) as the COR(s). No service shall be provided without approval of the COR acting within the limits of their authority.

2. Contractor shall not accept any instructions issued by any other person(s) other than the CO and/or their delegated representative(s) acting within the limits of their authority.

3. Contractor shall perform only services specified herein. Before performing any service of a non-contractual nature, the Contractor shall advise the COR of the reason(s) for the additional work and/or service. Changes to the resulting contract shall not be authorized and reimbursement shall not be made for any work or service performed outside the scope of this contract unless prior authorization is obtained in writing from the CO.

G. CONTRACTOR RESPONSIBILITIES

1. Valet Operations:

a. Contractor shall provide professional, consistent, responsive, secure, and efficient valet employees for valet services.

b. Valet employees shall be responsible for greeting and receiving customers, providing valet claim tickets, securing keys, parking, delivering, and directing valet vehicles to and from the valet drop off and pick up area. Valet claim tickets shall contain the Contractor’s liability disclaimer.

c. Valet employees shall ensure only authorized persons utilize valet services. HWWVAMC will inform the Contractor of who is authorized to use valet services and the method of identifying such individuals. Such identification may include asking persons for an appointment letter, VA patient identification card, clinic, healthcare service or patient to be visited and estimated time of departure.

d. Valet employees shall be responsible for screening out vendors and employees from inappropriately using valet services. All vehicles parked by valet employees shall be locked and secured. Customers’ keys shall be secured by valet employees.

e. Valet employees shall be responsible for directing vehicles not wishing to participant in valet operations to other designated parking locations.

f. Valet employees shall direct patients driving buses or large motor vehicles to self-park their vehicles in parking areas designated by VAPD. The Contractor shall not be required to park these vehicles. If necessary, the Contractor shall immediately notify VAPD for enforcement.

g. Contractor shall employ on-site management to supervise employees at all times during valet operations. On-site management shall be fully trained and equipped to handle customers’ concerns and any parking incidents. Duties of the on-site management shall also include, but not limited to, customer relations, training, improving all valet operations, and coordinating all work and additional services with the COR.

h. Contractor shall coordinate with the COR to designate drop off and pick up area(s) near the main entrance for loading and unloading of handicapped patients so as not to interfere with normal valet operations. Patients with handicap placards or license plates on their vehicles shall be given the option of self-parking or using valet services.

i. Contractor shall not install any signs, buildings, or equipment without the prior approval or written consent from the COR.

j. Valet employees shall not use cell phones while parking vehicles.

k. Valet employees shall not block roadways, parking lots, or re-route traffic without prior approval by the COR.

l. Valet employees shall respond to alerts or emergencies, by aiding injured or stranded persons in emergency situations, and/or notifying VAPD. During emergency situations, it may be required to move any vehicles from the valet operations area.

2. Patient Assistance

a. Valet employees shall assist customers with getting in and out of their vehicles as well as assist with removal of wheelchairs, walkers, carts, and/or personal medical equipment from vehicles if requested. The Contractor shall provide minimal assistance but SHALL NOT be required to lift or move patients in/out of their vehicles.

b. Valet employees shall deliver Government-provided wheelchairs as needed and coordinate with HWWVAMC staff to facilitate patient transport from the valet drop off area to medical appointments and back to the valet pick up area. Valet customers shall always be treated courteously and with respect.

c. Valet employees shall drive slowly and cautiously, obeying federal speed regulations on HWWVAMC property, and paying attention to pedestrian traffic.

3. Training, Licensure, Qualifications

a. Contractor shall provide bonded, fully trained, experienced valet employees who are a U.S. citizen, possess a valid U.S. driver’s license, and be fluent in the English language. Valet employees shall be at least 18 years of age, have no significant or pending criminal charges, and be able to perform all general duties, functions, and activities as required. Valet employees shall also excel in the proper operation of all types of vehicles and demonstrate a commitment to the highest level of respect, courtesy, compassion, and safety.

b. Contractor shall conduct at their own expense, background screening of all valet employees providing services under this contract, in accordance with VHA Directive 0710. Any employee whose background investigation yields unfavorable results shall be removed immediately from performance under this contract.

c. Contractor shall furnish, at its own expense, to the COR, evidence of qualifications and competency assessment of all employees. Such evidence shall include but not limited to copies of drivers’ licenses, DMV printouts, and copies of security background checks.

d. Contractor shall provide valet employees with a training program to include:

(1) Safe driver training

(2) Facility orientation to include giving basic directions for destinations in the hospital

(3) Patient privacy

(4) Safety and security

(5) Emergency procedures

(6) Accidents/injuries

(7) Use of any personal protective equipment necessary for valet operations in a health care environment

(8) Effective communication with Veterans, Staff, and Visitors

(9) Customer service skills, to include, but not limited to, importance of a positive attitude, verbal communication methods that are courteous and informative, non-verbal communication, personal appearance, face-to-face contact, voice volume and tone, self-evaluation, prevention of violence in the workplace

e. Contractor shall maintain documentation certifying that all valet employees have completed the training program. If deemed necessary by the Government, additional training shall be coordinated through the COR.

4. Uniforms and Appearance:

a. Contractor shall provide professional looking uniforms for valet employees performing under this contract. Uniforms must be consistent in style and color and shall be worn at all times. Uniforms shall include the identification of the Contractor by company name and employee name. Any changes in the preapproved uniform must be coordinated with the COR.

b. Valet employees shall keep their work area clean and professional, and always appear ready to render service, even when no customers are present.

5. Contractor Submittals and Insurance Requirements

a. Contractor shall provide to the CO, proof of compliance with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5 Insurance and Subpart 28.307.2 Liability.

b. Contractor shall furnish certification from the insurance company indicating adequate coverage and may not be changed or cancelled without guaranteed 30-day notice, prior to contract award. New certifications shall be furnished at least 30 days prior to the expiration date of the current insurance policy.

c. Contractor shall maintain liability insurance for bodily injury and property damage on all vehicles used in the performance of this contract, in accordance with FAR 28.307.2(c). Proof of compliance will be provided to the CO. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

6. Tuberculosis PPD Skin Test

a. Contractor shall follow the HWWVAMC policy on purified protein derivative (PPD) skin tests. The current policy states that all Contractor personnel must provide proof of a PPD Skin Test before working on VA grounds and yearly thereafter. Results from the last 3 months shall be accepted. If PPD is positive, the individual MUST provide documentation of the absence of active TB.

b. Contractor shall be responsible to provide documentation of the PPD skin test prior to assignment. On an annual basis or upon request, the Contractor shall be expected to provide evidence or copy of the results of each valet employee performing under this contract.

c. Contractor shall notify the COR of any changes in individual status with appropriate documentation. In the event of an exposure, it is required the Contractor has a plan to be followed to protect the individual and others. Records shall be maintained as required by CFR 1910.1030

7. Personnel Policy, Overtime and Holiday Pay

a. Contractor shall assume full responsibility for the protection of valet employees furnishing services under this contract, such as providing Worker’s Compensation, professional liability insurance, health examinations and social security payments.

b. Contractor shall assume responsibility of payment for any leave, including sick leave or vacation time.

c. Contractor shall be responsible for any overtime and/or holiday pay entitled to valet employees performing under this contract and shall not be reimbursed by the Government.

d. Contractor shall follow all existing local, state, federal employment laws and/or union regulations relevant to fringe benefits and premium pay for their employees. Costs quoted in the solicitation is all-inclusive of all incidental costs including housing, transportation, and premium payments for applicable insurance coverage.

e. Contractor and valet employees performing under this contract are not considered VA employees for any purpose.

8. Performance Standards and Quality Assurance

a. Contractor shall ensure a customer waits no more than five minutes to be received and issued a valet claim ticket, and no more than ten minutes to have their vehicle returned upon rendering of their valet claim ticket. The Contractor shall develop a system to monitor and report timelines of service and shall be made available to the COR upon request.

b. Contractor shall be responsible for complying with all appropriate regulations and guidelines of The Joint Commission (TJC), Occupational Safety and Health Administration (OSHA), Department of Transportation, and/or any other pertinent federal, state, and/or local policies relating to the herein mentioned work or valet operations.

c. Contractor shall always provide adequate on-site management to achieve quality assurance and to handle all customer concerns and parking incidents.

9. Reports

a. Contractor shall establish a method to validate the number of vehicles parked per day and submit a monthly report to the CO and COR within seven calendar days after each month. The report shall summarize the number of vehicles parked based on date and time (sorted by morning or afternoon). The report shall identify the peak hours during the day and how many vehicles were parked during those peak hours. The report shall also include any incidents, accidents or special situations with patients, visitors, VA staff, or VA volunteers.

b. Contractor shall ensure reports are legible and easy to understand. Reports shall be signed by the Contractor.

10. Claims/Damage

a. Contractor shall perform all tasks safely to preclude injury, damage or defacement to persons and/or property. The Contractor shall be responsible for the replacement of items or repair damage to vehicles or facilities to previous conditions if the Contractor is determined to be at fault for the damage.

b. Contractor shall be liable for any claim of damage or missing/stolen property involving customers’ vehicles while in possession of such.

c. Contractor shall be liable for all damages incurred to all persons and/or property as a result of negligent operation of customers’ vehicles while in possession of such.

d. Contractor shall ensure all claims are directed to and handled by on-site management who shall immediately notify the COR and VAPD. Corrective actions to resolve all claims shall commence immediately. All claims shall be settled within fourteen (14) working days unless extenuating circumstances warrant additional time and is authorized by the CO.

e. Contractor shall ensure all vehicle accidents or theft claims are immediately reported to VAPD for investigation.

f. The VA assumes no responsibility for above claims.

11. Complaints and Disruptive Behavior

a. Contractor shall promptly and courteously respond to all complaints within 10 working days, including complaints brought to the Contractor’s attention by the CO or COR.

b. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and the Contractor’s response.

c. Contractor shall permit the COR to inspect such records upon request.

d. Contractor shall provide adequate on-site management to handle disruptive behavior of any valet employee performing valet operations. The Contractor agrees to permanently remove any valet employee from performing work associated with this contract, if at the sole discretion of the VA, the employee poses a health and safety risk to any patient or individual requiring services, or if the COR disapproves of the conduct due to interferences with the business or operation of HWWVAMC.

12. Contractor Point of Contact (POC)

a. Contractor shall designate one employee as the POC responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the CO and COR in writing those times when the alternate shall act as the POC.

b. Contractor shall provide the names and telephone numbers of the designated POC and alternate POC for the contract as well as on-site management who will work at HWWVAMC.

c. Contractor shall ensure POC(s) are available by telephone Monday through Friday, between 08:00 and 16:30 EST, excluding National holidays.

H. NORMAL HOURS OF OPERATION

1. Hours of Operation are from 07:00 to 16:30 hours, Monday through Friday, excluding Federal Holidays and any other day specifically declared by the President of the United States to be a Federal Holiday. The Contractor shall adjust the level of valet employees as necessary to ensure efficient operations. If deemed necessary by the COR, the hours of operation may be periodically adjusted based upon volume and demand.

2. At the conclusion of valet operating hours, the Contractor shall turn over all unclaimed vehicle keys, an inventory log of remaining vehicles with location of each, and associated valet claim tickets to the Administrative Officer of the Day (AOD). Owners of vehicles will pick up their keys at the AOD Desk. The Contractor shall post a minimum of two signs explaining this procedure.

I. NATIONAL HOLIDAYS

1. Listed below are the 11 National holidays:

a. New Year’s Day

b. Martin Luther King, Jr.’s Birthday

c. President’s Day

d. Memorial Day

e. Juneteenth

f. Independence Day

g. Labor Day

h. Columbus Day

i. Veterans Day

j. Thanksgiving Day

k. Christmas Day

2. When the holiday falls on a weekend, it will be recognized on either the preceding Friday or following Monday. Coordination will be made with the COR to determine the appropriate date of observance of Federal Holidays, or any other day specifically declared by the President of the United States.

J. SPECIFIC EVENTS AND REDUCTION OF SERVICE

1. COR will notify the Contractor in advance of any special events which might cause parking issues because of additional patients, patrons, or visitors to HWWVAMC.

2. Contractor shall adjust the number of valet employees to accommodate the workload of extra vehicle volume.

3. In the event of severe weather or other emergencies limiting the operations of HWWVAMC, coordination with the COR shall occur prior to reduction of valet operations.

4. Any other event or situation requiring limiting valet operations, shall be coordinated with the COR first.

5. A notice to the Contractor to discontinue or reduce the level of service at the Government convenience shall not result in any service charge or assessment fee for the disconnection or reduced service.

K. DRUG/ALCOHOL AND SMOKING POLICY

1. Contractor shall ensure that all valet employees performing under this contract comply with HWWVAMC drug and alcohol-free workplace policy.

2. Contractor shall conduct, at their own expense, random drug and alcohol tests on valet employees. Random drug and alcohol tests shall be conducted at least once a year on each valet employee performing under this contract.

3. Contractor shall conduct, at their own expense, directed drug and alcohol tests of valet employees when reasons exist to suspect the use of illegal drugs and/or alcohol while performing services under this contract. Reasons for testing include, but are not limited to, impaired judgement, abnormal performance, erratic operation of vehicles and endangering the safety of patients, VA employees, and visitors. The COR in conjunction with VAPD will identify any valet employees needing testing. If a valet employee refuses testing, the Contractor agrees to permanently remove them from performing work associated with this contract.

4. Contractor shall provide evidence or copy of the results of valet employee drug and alcohol testing when requested by the COR.

5. HWWVAMC is a smoke free facility and campus. No smoking is permitted on HWWVAMC property.

L. PERFORMANCE MONITORING PROCEDURES AND CUSTOMER SATISFACTION SURVEYS

1. COR may audit the turnaround time or conduct periodic unannounced inspections to assure waiting periods do not exceed the performance requirements. Additionally, the Contractor’s ability to manage the traffic flow shall be periodically audited to ensure valet operations are provided in a safe and efficient operational manner.

2. COR will be responsible for monitoring the Contractor’s performance. Performance deficiencies or poor performance identified during the term of the contract will be reported to the Contractor.

3. Contractor shall, upon notification of deficiencies or poor performance, be given a reasonable time to take corrective action. If determined appropriate, the CO or COR will meet with the Contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented and MUST be corrected within the timeframe specified.

4. Contractor shall notify the CO and the COR when corrections have been made. If appropriate corrections are not made within the timeframe specified, the Government shall have the right to terminate the contract in its entirety.

5. HWWVAMC may conduct independent customer satisfaction surveys to evaluate valet operations. Participation by Veterans in all surveys will be voluntary. Results of customer satisfaction surveys may be shared with the Contractor, particularly when service improvement is needed.

M. DENIAL/TERMINATION OF SERVICES

1. Action to limit, suspend or revoke service contract shall be in accordance with the procedures outlined in VA guidelines or Federal Acquisition Regulations. The Contractor shall be notified by the CO when the necessity becomes apparent to exercise such authority.

2. CO will provide the Contractor with copies of documentation initiating the revocation process if such action becomes apparent. The Government reserves the right to refuse acceptance of service provided by the Contractor due to poor performance or failure to comply with the requirements specified herein.

3. Contractor shall coordinate with the COR to resolve complaints concerning unacceptable performance. However, the CO is the final authority on validating complaints. If the Contractor is involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of the Contractor.

4. The CO shall be the final arbitrator on questions of acceptable performance.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

VALET PARKING SERVICE FOR HERSHEL "WOODY" WILLIAMS VAMC

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 485999 - All Other Transit and Ground Passenger Transportation PRODUCT/SERVICE CODE: V129 - Transportation/Travel/Relocation - Transportation: Other

LOCAL STOCK NUMBER: VALET PKG

VALET PARKING SERVICE FOR HERSHEL "WOODY" WILLIAMS VAMC

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 485999 - All Other Transit and Ground Passenger Transportation

VALET PARKING SERVICE FOR HERSHEL "WOODY" WILLIAMS VAMC

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 485999 - All Other Transit and Ground Passenger Transportation

VALET PARKING SERVICE FOR HERSHEL "WOODY" WILLIAMS VAMC

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 485999 - All Other Transit and Ground Passenger Transportation

VALET PARKING SERVICE FOR HERSHEL "WOODY" WILLIAMS VAMC

Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 485999 - All Other Transit and Ground Passenger Transportation

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable…