36C24618Q0585-001.docx

36C24618Q0585

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

558-19-1-117-0001 36C24618Q0585 06-18-2018

LORI D. MILLER

757-728-7082 07-20-2018

2:00PM

Lori D. Miller Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 721110 $32.5 Million Net 30 X N/A X Department of Veterans Affairs Veterans Affairs Medical Center 508 Fulton Street Durham NC 27705 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 https://www.fsc.va.gov/einvoice.asp Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 X See CONTINUATION Page Patient Lodging for VA Medical Center in Durham, NC See Schedule of Service, Section B.3 See Performance Work Statement, Section B.4

DUNS#

TAX ID#

See CONTINUATION Page X X X

LEAH A. TROSSEN

VA-VHA-SAOE-2017-C35F3286

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 LEAH A. TROSSEN Lori D. Miller 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.

https://www.fsc.va.gov/einvoice.asp

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 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 VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. 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 PRICE/COST SCHEDULE

The lodging facility shall furnish lodging services to eligible beneficiaries of the department of Veterans Affairs Medical Center in accordance with the terms and conditions of the contract. A minimum of 1 room and a maximum of 20 rooms will be required 7 days a week. The actual number of rooms occupied per night will be determined by the VA. The quantities specific in the schedule are estimates only and are not purchased by this contract.

This is a Firm Fixed Unit-Price Indefinite Quantity Contract.

The minimum number of rooms for the life of the contract is 60; while the maximum number of rooms is 36,400.

BASE YEAR: OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019

Hotel Lodging (Total Estimate Price based on:

Qty. x Unit Price)

Base Year Price $ ________________

OPTION YEAR 1: OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020

Hotel Lodging (Total Est. Price based on:

Option Year 1 Price: $_______________

OPTION YEAR 2: OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021

Hotel Lodging

Option Year 2 Price: $ ________________

OPTION YEAR 3: OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022

Hotel Lodging

Option Year 3 Price: $ _______________

OPTION YEAR 4: OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023

Hotel Lodging

Option Year 4 Price: $ ________________

BASE AND ALL OPTIONS TOTAL

B.4 PERFORMANCE WORK SCHEDULE

1. Scope of Work: The lodging facility shall furnish lodging services to eligible beneficiaries of the department of Veteran Affairs Medical Center in accordance with the terms and conditions listed herein:

2. Reservations:

2.1. Contractor will guarantee 20 rooms per night is to be billed to the Durham Veteran Affairs Health Care System, for Sunday through Thursday, and five rooms on Friday and Saturday. VA personnel will call or email hotel by 5:00 p.m. to reserve rooms for that night. After 5:00 p.m., rooms will be available to VA subject to availability. The VA will pay only for rooms used.

2.2. Guest room housing assignments are to be done by the Durham Veteran Administration Medical Center. Lodging assignments will be on a rotation basis. If a veteran has a preference for a particular hotel, the VA will try to accommodate and continue with rotation. A Veteran Lodging List will be emailed over by 5:00 pm the prior business day.

2.3 Contractor guarantees four of the twenty rooms per night as ADA Compliant. This would include items such as raised toilet seat, grab bars, widen doorways, etc.

2.4. The Contractor will utilize the reservation list (order) to reserve rooms and confirm room blocks as soon as possible, but no later than close of business five business days after receipt of the reservation list. Confirmation will be sent to the Durham Veteran Administration Medical Center via e-mail.

2.5. The Contractor shall maintain the reservation list reflecting dates, length of stay, and collect the occupant’s signature during check-in or check out. This will be returned to the COR via email for certification/verification of performance.

2.6. In case of overbooking, the contractor will lodge personnel in another commercial hotel that meets the standards set forth and at no additional expense to the individual or the government.

2.7. All rooms are non-smoking. As these rooms are contracted by the Durham Veteran Administration Medical Center and they are non-smoking rooms, smoking will not be permitted in these rooms. The hotel will provide a “designated smoking area” with proper signage. Hotel will notify the COR of anyone found smoking in a non-smoking area and that person would be barred from the Veterans Lodging Program.

3. Check-In/Check-Out:

3.1. The contractor will retain a credit card or contact information from the member for all extra services (phone charges, additional room occupants etc.) not specified or not normally included in the room rate. These expenses shall be paid for by the individual(s) requesting and receiving the extra service. The government incurs no liability in this instance and it is the contractor’s responsibility to collect these charges form the individual(s).

3.2. Eligible beneficiaries must confirm late arrival by 8:00 p.m. on the date of the arrival. The contractor must annotate this confirmation on the reservation list by writing “confirmed by (name of individual confirming late arrival) and the date confirmed.” Late arrivals not confirmed prior to 8:00 p.m. shall be cancelled by the contractor (entire reservation shall be cancelled for multi-night reservations). The Government incurs no liability when late arrival has not been confirmed by the individual prior to 8:00 p.m. on the date of the arrival.

3.3. Check-in/Check-out. The lodging facility must provide a check in/out service on a 24-hour basis, 7 days a week. Lodging facility agrees to inform all government personnel assigned accommodations under this agreement, who incur another day’s lodging charge because of failure to meet the required check out time, do so at their own expense. The Government incurs no liability in this instance.

4. Quality Assurance: The government will monitor the lodging facility performance using the following procedures.

4.1 Durham Veteran Administration Medical Center Staff will have option of conducting "secret shopper" walk through of the hotel premises, customer service and accommodations.

4.2. Questions and/or concerns related to the invoice submission (room rates), and/or Do Not Lodge List should be settled between the Contractor and the COR or the designated representative. COR will consult CO on fiscal matters that are outside of CORs delegation of authority. Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested.

4.3 Contractor shall refer complaints received directly from the Hotel from the customer to the COR or the designated representative. All complaints received by the COR and forwarded to the Contractor shall be investigated promptly. All findings of incomplete or unsatisfactory performance by the hotel, from the customer, will be recorded, verbal notice given, and confirmed in writing by the COR to the Contractor. The hotel will reply in writing to the Contractor, giving the reasons for the unsatisfactory condition, the corrective action taken, and the procedures developed to prevent recurrence. Contractor will send copy of written reply to COR.

4.4 Satisfaction Surveys will be offered to all Veteran Lodgers to be completed and returned to the COR quarterly. Surveys should be aggregated and the results communicated to the COR.

4.5. All lodging requirements outlined in this Statement of Work will be communicated to all employees and managers that are responsible for lodging reservation operations.

5. Standards:

5.1. Security.

5.1.1 Parking facilities shall be available with adequate lighting.

5.1.2. All exterior doors, with direct access to guest quarters, will be locked and access controlled no later than 10:00 pm.

5.2. Standard lodging facility bedrooms will have a bed for an occupant that contains a pillow, two sheets, firm mattress, mattress pad or cover, blankets, spread, wall to wall carpeting (desired) or other floor covering, a wall switch near the entrance door for a least one lamp, incandescent table or wall mounted lights for each bed, color TV, closet or hangar space, smoke detectors, individual thermostats, telephone, note pad with pen, bathrooms with vanity, mirror, light with grounded electrical outlet, and exhaust fan/privacy outside window.

5.2.1. Rooms shall be constructed and finished to provide good light and sound attenuation. All piping and wiring must be enclosed.

5.2.2. All finishes (walls and ceiling) should be free from damage, scars, marks, dirt, and dust. Vents and surrounding finishes must be free of dirt and dust.

5.2.3. Ceilings and wall shall be finished in paint or wall covering.

5.2.4. All floors in living and sleeping areas shall have a clean, serviceable covering.

5.2.5. All windows shall be provided drapes with blackout lining, shades, or blinds. If only drapes are provided, they must screen out light.

5.2.6. Sufficient electrical outlets shall be available. All electrical cords, bulbs, lights, and switches shall be operational and free from defects.

5.2.7. All entrance doors to rooms shall have interior security locks, either deadbolt or double locking locks. All doors shall be free from holes, dents, or other physical defects.

5.2.8. Smoke and fire protection systems must be installed and meet federal, state, or local fire codes.

5.2.9. Bathrooms must be constructed to provide convenient sanitary facilities. Wash basin and shower tub areas shall have a vanity table, a large lighted mirror, stopper devices, soap dishes, towel bars/hooks, and grounded electrical outlets conveniently located for use of electrical razors, hair dryers etc. Loose, missing, or badly worn/damaged wall tiles, floor tiles, fixtures or accessories are unacceptable. The fixtures controlling the flow of water must not be cracked or leaking and shall operate properly to maintain a constant, adequate flow and temperature without sudden surges of temperature changes. Bathrooms must have a working exhaust fan or an exterior window that can be opened, which must be of frosted glass or curtained to provide privacy. The shower or shower/tub combination shall have shower doors or curtains.

5.2.10. Furnishing and Equipment: Furnishing and equipment must be clean and in good repair. The following minimum furnishings are required:

5.2.10.1. Lamp – 1 per desk or writing table

5.2.10.2. Chair, occasional

5.2.10.3. Clothes storage drawers

5.2.10.4. Mirror

5.2.10.5. Table, night, with lamp and alarm clock

5.2.10.6. Desk or writing table with chair

5.2.10.7. Luggage rack

5.2.10.8. Throw rug (if room is not carpeted)

5.2.10.9. Trash containers – one in living room and one in bathroom

5.2.10.10. Color television and radio

5.2.11 Heating, Air Conditioner, and Ventilation: Living quarters shall be provided with individual room-controlled heating and air conditioning (in season) and otherwise provide the ventilation necessary to maintain comfort for guests. If utilities fail, other than an area-wide failure, for more than eight hours, the contractor shall take action to relocate all occupants to other Commercial Quarters facilities at no expense to the Government or the occupant.

5.3. Standard Lodging Facilities Services: Vending areas, 24-hour check in/out, access to fitness facilities, wake-up and message service, central TV antenna or Cable TV, room identification/directory signs and smoke detectors in hallways, air conditioning, ice machines, adequate parking space for all guests, TV/radio directory, local information packet, passenger/baggage loading zones, and secure luggage storage areas for guests when rooms are not immediately available for storage at check out.

5.4. It will be the responsibility of the hotel to get any additional personal information from the members upon check in. The hotel will be responsible for tracking the billing members for unpaid services left uncollected at time of checkout. (i.e. phone charges, sundries, additional charges for additional guest).

5.5. It will be the responsibility of the contractor to provide timely billing invoices in arrears of the month the services were provided on or about the 10th day of the month.

6. Services: Veteran Lodgers will be provided the same customer considerations, courtesy and respect as all other facility guest:

6.1. Complimentary Breakfast: Hotel shall offer complimentary breakfast beginning at 6:30AM-9:30AM with diabetic dietary consideration.

6.2. Transportation Services: Hotel shall provide complimentary transportation service available not only to the Durham Veteran Administration Medical Center, but to restaurants, grocery, pharmacy and mall within a 5-mile radius of the hotel. This shuttle service is available beginning at 5:30AM-1 1: 00PM Monday thru Friday and Saturday and Sunday from 7:00AM-1 1:00PM at the top and half of each hour daily.

6.3. Telephone: A telephone shall be provided in each room at no charge to the occupant. Each room occupant shall pay for all toll calls placed by him or her. Service provided shall be available 24 hours a day, seven days a week.

6.4. Custodial/Sanitation Services: Daily services include, but are not limited to, room cleaning, bed making, linen change (as required), adequate quantities of soap (minimum of 1 ¼ oz. deodorant bar), bath towels, hand towels, wash cloths, sanitized drinking glasses, facial tissues, and cloth bath mat.

6.5. Linen Service: Linen service shall be provided at least once per week or occupant change (whichever occurs first), and whenever necessary. Additional blankets shall be made available if requested by the occupant. All linen and blankets shall be clean, freshly laundered, without any objectionable odors, and in good repair, free from tears, rips, holes, stains, and extensive wear. Pillows shall be of adequate quality to provide proper support.

6.6. Common use areas: The Hotel shall keep all hallways, corridors, grounds, and other adjacent areas under their control in clean, neat, and safe condition.

6.7. Do not disturb signs: All rooms shall have signs available. Lodging facility employees shall respect them when displayed.

6.8. Information: Desk clerks shall be able to explain to occupants, miscellaneous charges not covered by this statement of work, for example, telephone charges. The lodging facility shall provide information on bus schedules, taxis, and other local transportation, dining facilities and locations, and commercial telephone directory service.

6.9 Hotel to notify Contractor of any Veteran participating in disruptive behavior. This behavior will not be tolerated in contracted by the Durham Veteran Administration Medical Center. Anyone found doing so will be asked to leave and will be barred from the Veterans Lodging Program.

7.0. Privacy and Confidentiality: The Contractor agrees to comply with the Privacy Act of 1974 and the agency rules and regulations issued under the Act and the design and development, or operation of any system of records on all Veteran Lodger to accomplish an Agency function. The Contractor will complete VA Privacy Training annually and provide copy of the certification to the COR.

8.0. Handling and Storing of VA Data by Contractors and Subcontractors: Offeror to ensure that all contractor and sub-contractor employees read and understand your responsibility in safeguarding sensitive patient information. Lodging List will be returned to COR via email as outlined in 2.2 above.

B.5 SPECIAL CONTRACT REQUIREMENTS

1. QUALITY ASSURANCE SURVEILLANCE PLAN: The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

2. BILLING AND PAYMENT:

Invoices shall be submitted monthly, in arrears, and shall include at a minimum:

Date of Invoice Contract Number Purchase Order Number Vendor Name Invoice Number CLIN & Date of service

3. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS).

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

4. CONTRACT ADMINISTRATION: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF

POINTS OF CONTACT:

Contract Specialist (CS):

Lori D. Miller Department of Veterans Affairs VISN 6 Network Contracting Office 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 757-728-7082 Fax: 757-728-3132 lori.miller@va.gov

Contracting Officer (CO):

Leah Trossen Department of Veterans Affairs VISN 6 Network Contracting Office 100 Emancipation Drive, Building 27 Hampton, VA 23667 757-728-7152 Fax: 757-728-3132 leah.trossen@va.gov

Contracting Officer’s Representative (COR) To Be Determined 36C24618Q0585

Page 1 of Page 1 of

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/

(End of Clause)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2018 through September 30, 2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) room, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of twenty (20) rooms;

(2) Any order for a combination of items in excess of twenty (20) rooms; or

(3) A series of orders from the same ordering office within one (1) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.5 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 thirty (30) days of contract end date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (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 five (5) years, six (6) months.

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond October 1, 2018. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond October 1, 2018, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.8 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.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 2018)

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

[X] (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] [] (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.

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

[] (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)).

[X] (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 (JAN 2018) (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)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(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.

[] (39)(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.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(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.