36C24618Q0047-001.docx

36C24618Q0047

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 SI

GN 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. SIGN

ATURE 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

637-18-2-5089-0003 36C24618Q0047 11-14-2017 Bernie Husted 75721514140 11-22-2017

12:00 PM

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 812930 $38.5 Million X N/A X Department of Veterans Affairs Asheville VA Medical Center 1100 Tunnel Road Asheville NC 28805 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center https://www.fsc.va.gov/einvoice.asp

X See CONTINUATION Page Contractor shall provide all personnel, supervision and equipment necessary to provide Valet Parking Services to Veteran Only Patients arriving and departing for scheduled appointments at the Charles George VA Medical Center in Asheville, NC.

This is a total Service Disabled Veteran Owned Set Aside (SDVOSB) See CONTINUATION Page X X Bernard Husted Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Bernard Husted Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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.

Department of Veterans Affairs Financial Services Center https://www.fsc.va.gov/einvoice.asp

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-14 Limitations on Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICING SCHEDULE

BASE YEAR: January 1, 2018 – December 31, 2018

Total for the Base Year:

OPTION YEAR I: January 1, 2019 – December 31, 2019

Total for Option Year 1

OPTION YEAR II: January 1, 2020 – December 31, 2020

Total for Option Year II

OPTION YEAR III: January 1, 2021 – December 31, 2021

Total for Option Year III

OPTION YEAR IV: January 1, 2022 – December 31, 2022

Total for Option Year IV

TOTAL BASE AND ALL OPTIONS ___________________________________

Page 1 of Page 1 of

B.4 STATEMENT OF WORK

1. General: The Charles George Veterans Affairs Medical Center, 1100 Tunnel Road Asheville NC 28805, has a requirement to provide Valet Parking Services for up to an estimated 200-250 cars per day, five days per week. The requirement for valet parking services is to alleviate the parking problems experienced by our veteran patients at the facility. Approximately 1200-1300 outpatients are seen per day. The amount of available parking spaces any given day is limited. The contractor shall provide all resources necessary to accomplish the services described in the statement of work (SOW), except as may otherwise be specified. A dedicated area for parking shall be provided for valet service use. Additionally, a limited number of waiting vehicles/pickup spaces shall be located near the valet drop off area, all of which shall be regularly tracked by valet supervisor. Contractor to park and/or provide assistance in parking to veteran patients only, five days per week. The contractor shall, upon request of the veteran’s caretaker, deliver a wheelchair to the veterans’ vehicle. Wheelchairs shall be provided by the Government. The wheelchairs are located at the front of the hospital. They are approximately 20 feet from the Valet check-in stand. Volunteers who work in the escort office or the Veterans own caretaker will assist the Veteran to their appointments once they are out of their cars and in the hospital.

1. Requirements: Vehicles requiring valet parking shall be stopped by the contractor’s employee designated as a greeter. The greeter may rotate from greeter to parking attendant at the contractor’s discretion. The contractor shall be completely liable and responsible for providing patients with a valet claim check identifying the veteran and vehicle keys, securing keys, parking, delivering, and directing certain valet vehicles to and from the valet greeting area. The Contractor shall manage traffic during peak traffic times. If a vehicle cannot be properly secured or is deemed unsafe to operate the Valet service can, at their discretion, decline to park the vehicle. All vehicles parked by the contractor’s parking attendants shall be locked and secured. This includes all windows, doors, sunroofs, or other openings. Driver’s keys shall be secured at the valet booth. The booth shall be monitored throughout the workday by contractor staff, and shall never be left unattended. Contractor shall report all missing keys to the security staff and COR. Lost keys shall be found and returned to the veteran patient within four (4) hours of notification of loss. The Contractor shall have a process for identifying veteran when in the event of a lost Claim Ticket. The contractor shall operate from the front entrance where contractor employees shall greet every vehicle excluding buses, VA transportation vehicles dropping off or picking up patients, Vendors or Contractors conducting business at the VA Medical Center, and VA employees, who are not allowed to use valet parking unless they have a valid scheduled medical appointment as a veteran. The Contractor shall have a process for moving disabled vehicles from the valet lane that does not delay other patients for a maximum ten (10) minutes. The contractor is responsible for parking control and monitoring in the designated parking lots assigned to the operation by responding to alerts or emergencies, by assisting injured or stranded persons in emergency situations, and by notifying the VA Police. It is imperative that this area shall be free of any vehicles when a fire alarm is activated. The Contractor shall have management control of vehicles entering the designated valet parking area(s) in order to maximize the space available and facilitate smooth operations. Contractor is expected to continue managing and monitoring traffic if valet lot becomes temporally full. Patients driving vehicles with hand controls or special operating requirements or large vans shall be permitted to park their own vehicles in the designated parking areas. The contractor shall be notified in advance of any special events which might cause parking problems due to many visitors coming to the Medical Center.

3. Hours of Operation: 7:00 am to 5:00 pm – Monday through Friday, excluding Federal holidays, and any other day specifically declared by the President of the United States to be a Federal holiday. No new vehicles shall be valet parked between the hours of 4:00 p.m. and 5:00 p.m. This time frame shall be used for retrieving previously valet parked vehicles only. At 5:00 pm, the valet contractor’s parking attendants Shall move any remaining vehicles in the valet lot to lot # 6 which is adjacent to the Emergency Department and turn over keys and associated tickets to the Administrative Officer on Duty (AOD). Contractor shall provide an inventory log of all remaining vehicles and associated ticket numbers to the AOD located in the Emergency Room daily. Owners of these vehicles Shall be directed to pick up their keys from the Administrative Officer on Duty (AOD) in the Emergency Department Check-In/Out area. The Contractor shall furnish a sign explaining this procedure.

FEDERAL HOLIDAYS ARE AS FOLLOWS:

New Year’s Day – January 1st Martin Luther King’s Birthday – Third Monday in January President’s Day – Third Monday in February Memorial Day – The Last Monday in May Independence Day – July 4th Labor Day – First Monday in September Columbus Day – Second Monday in October Veterans Day – November 11th Thanksgiving Day – Fourth Thursday in November Christmas Day – December 25th

Any other day designated by the President

4. Contractor Provided:

a. The contractor shall provide their own transportation to shuttle their employees to and from the parking areas which may be up to .5 miles from the valet check in area.

b. The Contractor Shall provide a locking key cabinet(s), a ticket dispenser(s), a 3-part claim check, safety cones, operational supplies, and other miscellaneous items necessary to facilitate valet parking, all to be located contractor-provided valet booth. Area for the valet booth is outside of main medical center, without direct access to electricity. Additionally, the contractor Shall provide valet parking signs that the contractor Shall set-up each morning of operation and remove at the end of each day. These signs are to emphasize a policy of NO TIPPING. Handwritten signs are not permitted. The COR Shall approve this sign and its placement before it is displayed. The sign Shall be presented on or near the valet station where the patient keys are kept. The NO TIPPING sign Shall be double-sided (meaning, it Shall be seen from the front and back of the sign).

c. Contractor shall provide uniforms, and their employees shall wear them at all times. The uniform must consist of Polo type shirt and khaki dress pants, khaki shorts are authorized for summer months, the length of which must be no more than 2 inches above the knee. Contract issued Jacket may be worn during inclement weather. The uniforms shall be professional in appearance and standardized amongst employees. They Shall always be cleaned, pressed, and neat. Company identification shall be displayed prominently, including a photo ID and printed name of the employee pinned to the employee’s uniform. The VA ID Card may be used for photo ID, but the contractor is encouraged to distribute and provide their own Photo ID’s. Uniform styles Shall be approved by the COR before performance on this contract begins.

d. Contractor staff shall be able to handle all normal transmission types, read all standard speedometers, and operate all of the aspects of commercially available vehicles. A limited number of spaces for vehicles with hand controls Shall be located near the valet drop off area in lieu of valet staff attempting to operate the vehicle.

e. No food, beverages, cigarettes, or outside debris may be brought into, consumed in, or left in patient vehicles.

f. Request for re-striping or alteration of Government property during contract performance shall be submitted in writing to the COR. Contractor may also need to work with VA staff to work around any deliveries other traffic interruptions that may occur near the chosen entrance.

g. The Contract Supervisor Shall maintain a manual or electronic sign-in/sign-out sheet that employees Shall use to record their attendance and timeliness. Discipline and tracking of shifts and punctuality is the responsibility of the Contractor’s Supervisory employee, but a full contingent of staff to ensure smooth operations is required at all times. The employee tracking sheet shall be primarily used to monitor who is in the facility for security purposes, but the COR may request copies for his/her own purpose.

h. No patient shall wait longer than 10 minutes to have their vehicle valet parked or retrieved at any time during performance of this contract. This shall include periods of inclement weather when the COR has not allowed the Contractor to cease operations. The CO and/or COR reserve the right to excuse delays of 10 minutes or more due to circumstances beyond the contractor’s control. This Shall be a subjective determination which may not be appealed.

i. Cell phone use by Contractor personnel is not permitted inside vehicles or VA buildings, but is permitted outside and in the parking lots when not in vehicles.

j. Smoking is permitted in designated smoking areas only. Other than in designated smoking areas, smoking is not permitted within the VA hospital campus or in customer vehicles.

k. The VA Medical Center is a drug-free workplace. Any contract employee appearing under the influence of a controlled substance shall be asked to leave the VA Medical Center immediately. The Contractor shall be notified immediately of the removal and reason for the removal. The Contractor agrees to terminate immediately an employee who, at the sole discretion of the VA, poses a risk to the health or safety or a patient, family member, volunteer, employee or any individual requiring services. Contractor shall be completely responsible for all actions of their employees.

l. Special Instructions: The contractor shall have a minimum of three (3) years’ experience in the valet industry.

m. Professionalism, Professional Appearance and Courtesy: Courtesy and respect shall be offered to anyone the contract staff comes into contact with during the performance of their duties. Contractor is expected to enforce reasonable standards of employee conduct. A pleasant demeanor and courteousness is required at all times. Contract staff is expected to be clean and well-kept at all times. Good hygiene practice shall be enforced by the Contractor, including a professional appearance in dress and hairstyle. Contractor staff shall possess a thorough understanding of written and spoken English, and shall not be permitted to use slang or non-English within earshot of customers. Contract staff may also not utilized clothing, signs, or any other item that conveys support for a particular political party or figure, union, or other personal statement. Contractor personnel may not display decorations or alter their appearances in conjunction with any holiday. No holiday salutations specific to a certain faith or belief Shall be permitted. No actions, speech, or dress that can be taken as endorsement or support of a specific faith, holiday, religion, or other belief system Shall be permitted. A neat appearance, and courteous mannerisms and attentiveness to patients are required. The Contractor’s regular uniform is acceptable, it shall clearly identify the company and the occupation is easily understood (Contract Valet Parking Services).

n. Security Requirements for Contractor Employees: This contract Shall require mandatory background investigations designated at the Low Risk (SAC) level performed by the government. No employee may begin work on this contract without the successful initiation of a background investigation by the Contracting Officer.

o. Claims/Damages: Claims/Damages: Any claims of damage or missing/stolen property involving customer’s vehicles Shall be the responsibility of the contractor. The VA assumes no responsibility for any damage to patron’s vehicles caused during the performance of the Contractor’s services or for any such claims. The contractor shall notify security and the COR of any damage to vehicles within thirty (30) minutes of identification of damage. The contractor valet attendants and all parking operations must be fully insured with general liability, garage keepers’ liability insurance along with a commercial umbrella liability insurance policy in the amount outlined in paragraph C.3. All employees must be covered by a fidelity bonding.

p. Contractor shall be required to provide and maintain insurance on all services and employees who provide services under this procurement.

q. Contractor shall provide insurance certificate(s) evidencing the above-required minimum coverage prior to commencement of work under this contract to the CO.

r. Contractor shall submit a monthly report to the COR within five workdays of the last month. This report shall include a summary of vehicles parked each day, monthly total of vehicles parked and any reports of accidents.

1. Government –Provided:

0. The Government Shall work with the contractor to establish the designated area for the contractor-provided booth for the valet parking operation at the main entrance of the medical center.

0. The Government Shall provide facility orientation to all contracted employees assigned to this contract, to include health, safety, and emergency procedures at the medical center.

0. The Government shall provide a cabinet for valet supplies. Inside dedicated office space shall not be provided. The Government shall provide a parking area for the contractors use for providing this service. Said parking shall be located on VA property up to .5 miles away from the valet drop off area and may be paved and or graveled surface.

1. Staffing: The Contractor Shall provide adequate staffing of customer service attendant(s) for the hours of operation specified. The greeter who is required to be at the booth at all times during normal operations should not be included in the staffing for parking vehicles. The Contractor Shall provide adequate on site supervision at all times in order to handle customer concerns and parking incidents. The Contractor does all recruiting, hiring, training and supervising.

1. Performance Standard: The Contractor Shall staff the valet and assisted parking operation with an appropriate number of employees as required demonstrating an efficient and safe operation. An efficient operation is defined as: No vehicle waits more than 10 minutes to be valet-parked, nor more than 10 minutes to be retrieved, 95% of the time. The ten-minute period begins for parking as soon as the vehicle queues itself into the valet staging area, and performance is complete when the vehicle has been processed and driven out of the queue area by the contractor. The staging area is defined as the area just beyond the speed hump in the valet staging area. The ten minute retrieval period begins as soon as the patient queues themselves into the retrieval line, and is complete as soon the patient is presented their idling vehicle. The Contracting Officer’s Representative (COR) Shall audit the turnaround time (TAT) to assure contractor compliance. The Contractor’s ability to manage the traffic flow Shall be periodically audited to assure that the contractor is putting the veteran first and is providing a safe and efficient operation.

1. Policy: All parking attendants Shall be trained in providing excellent customer service demonstrating courtesy, kindness, and caring. To repeat, “NO TIPPING” sign Shall be furnished and installed by the contractor. No tipping Shall be strictly enforced. Contractor’s employees are restricted from accepting tips of any kind. Acceptance of tips – monetary or otherwise – by contract staff Shall result in an automatic failure of this standard and disciplinary action. The contractor staff Shall also be required to relinquish the tip.

1. Training/Licenses: The VA Medical Center Shall provide orientation and training on VA policies and procedures. All contracted parking attendants must possess and maintain a valid State issued Driver’s License and be U.S. Citizens. The contractor must provide a written plan identifying the extent the employee training for safety and customer service. In addition to Safe Driver Training the minimum customer service training must be provided and documented for each employee.

0. The importance of a positive attitude

0. Verbal communication methods that are courteous and informative

0. Non-verbal communication

0. Appearance

0. Volume and tone

0. Face to Face contact

0. Self-Evaluation

0. Violence in the workplace

Contractor employees must know basic directions for destinations in the hospital and around the community. The facility shall provide hospital clinic and building maps. The maps are located in the front of the hospital at the information desk. Contractor employees shall be familiar with where to locate these maps, as well as the general building locations, and to the location of the information and wheelchair desk. Overall familiarity with local surrounding highways and roads shall be required. Government will provide familiarization tours of the contractor personnel. Contractor employees Shall keep the work area clean and always appear ready for work even though no customers are present. Arriving customers Shall be greeted courteously and given a brief explanation of the service. Assisted parking Shall be offered by the Valet Parking Attendant. Taking direction from the driver, the attendant Shall assist with a wheelchair if necessary. The vehicle Shall be quickly inspected for existing damage and to determine if any items in the car should be removed by the owner or placed in the trunk. Each customer Shall receive a claim check for retrieval of the vehicle. A parking attendant Shall drive each car to the designated parking area. After parking the car, the attendant Shall write the vehicle description, location and other pertinent information on a card to aid in locating the vehicle when the customer requests it. It is expected that experienced contractor management/supervisory staff shall be assigned and on site to insure all staff meet the VA required standard for service.

Records of assisted parking activity Shall be maintained on daily basis. This information Shall provide documentation into appropriate staffing levels, as well as serve as a mechanism to adjust the service to meet customer demand and to reduce cost if possible.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

JAN 1991

(End of Clause)

C.2 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 of contract end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 One (1) year.

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $200,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) C.5 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(End of Clause) C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

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

(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 802.201 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 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(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 verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.8 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (JAN 2008)

(a) Indemnification. The contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this agreement. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the contractor, and subject to the approval by the contracting officer of the sources, insurance coverage may be employed as guaranty of indemnification.

(b) Insurance. Satisfactory insurance coverage is a condition precedent to award of a contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers' compensation and employer's liability coverage will conform to applicable State law requirements for the service contemplated, whereas general liability and automobile liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs installation, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder. [Contracting Officer's Note: In those instances where airplane service is to be used, substitute the word "aircraft" for "automobile" and "vehicle" and modify coverage to require aircraft public and passenger liability insurance of at least $200,000 per passenger and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.] (End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of NORTH CAROLINA. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) (End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

(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 items:

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

[X] (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN…