36C24622Q0054_1.docx

36C24622Q0054

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

36C24622Q0054 10-14-2021 harold mcquillia 757-315-3430 10-21-2021 12:00pm

EDT

Harold McQuillia harold.mcquillia@va.gov Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 561612 $22 Million

NET 30

N/A X Department of Veterans Affairs Charles George VAMC 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

PO BOX 149971

Austin

TX

78714-9971 X See CONTINUATION Page

COVID 19 UNARMED SECURITY MEDICAL SCREENERS

Period of Performance: 6 months from date of award.

This RFQ is setaside 100% for Service-Disabled Veteran Owned Small Business (SDVOSB).

See Section B2 for the Schedule of Services.

See Section B3 for the Performance Work Statement.

See Section E1 for the Instructions to Offerors.

See CONTINUATION Page X X X Leah Trossen Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246 Leah Trossen Harold McQuillia harold.mcquillia@va.gov 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

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 PRICE/COST SCHEDULE

ITEM INFORMATION

UNIFORMED UNARMED SECURITY GUARD/SCREENERS FOR PRE-SCREENING PATIENTS, VISITORS, AND FEDERAL EMPLOYEES Contract Period: Base POP Begin: 11-01-2021 POP End: 06-01-2022 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services PRODUCT/SERVICE CODE: S206 - Housekeeping - Guard

B.3 PERFORMANCE WORK STATEMENT

Charles George VA Medical Center Security Services

1.0 Background

Amid the COVID-19 Pandemic, the Charles George VA Medical Center (CGVAMC) has a need to augment its Service Lines in performing COVID-19 pre-screening operations for a period of six (6) months. This will allow medical center staff detailed to perform these duties to return to their primary responsibilities.

1.1 Scope

The purpose of this requirement is to provide professional, courteous, uniformed, and unarmed security guard services for the Charles George VA Medical Center (CGVAMC) in Asheville, NC and it’s three (3) Community-Based Outpatient Clinics (CBOC)s located in Hickory, NC (HCBOC), Rutherfordton, NC (RCBOC), and Franklin, NC (FCBOC). The service provided shall be performed in such a manner as to provide the utmost customer service to patients, visitors, and staff and to ensure the safety and welfare of patients, visitors, and staff entering the main and employee entrances to the buildings listed below. All individuals shall be screened using an agency approved Screening Process.

1.2 Work associated with this contract will have daily oversight by the CGVAMC Police Service and will require a contract supervisor to work closely with the Police Service liaison to ensure safe and effective operations. The Contract Employee supervisor will be provided with a two-way Government radio for communication purposes to report any emergent circumstances requiring police response. The contract Supervisor shall attend the daily Police Service debriefing at 7:00am Monday – Friday. The location will be provided during the contract kickoff meeting. Guards and screeners may be tasked to perform other typical security guard duties such as traffic control, etc. if necessary.

1.3 Contract personnel may experience encounters with patients, visitors, and government employees that could escalate very quickly. The Department of Veteran Affairs does not authorize and prohibits the Contractor Employee from engaging in physical combat under any circumstance and must retreat when possible. As such, contract employees shall make every effort to verbally de-escalate any potentially volatile situation and evade any aggressive physical confrontations. Contract employees shall immediately notify the Police Service of any potentially escalating and/or disruptive behavioral incident. In the case where contract personnel find themselves in a situation where an emergent and unprovoked act of violence results in the battery upon themselves, and/or another person, where the physical force displayed would cause any reasonable person to believe that serious bodily injury may result without immediate intervention, it is expected that the contact personnel will adhere to Company policy concerning these matters. However, in recognizing the inherent need of necessity and right for a person to protect themselves defensively by using only the minimal force necessary to escape and evade any further continued assault/battery upon their person must be in accordance with North Carolina Statutes governing the conditions by which the use of force is permitted. The Contractor shall bear all liability and actions of the contract employee under these circumstances as it will be considered outside the scope of this contract’s conditions.

1.4 This contract is all-inclusive. Prospective offerors should read the requirements carefully to ensure a complete understanding of the contract requirements to ensure their proposal includes all expenses and costs associated with performance related to the contract. This includes but is not limited to safety gear (reflective vests and masks, latex gloves, etc.), rain gear, cold weather gear, and communications devices. The Government will not reimburse offerors due to the failure on the offeror’s part to consider all costs associated with performance of this requirement.

1.5 Period of Performance

The Government seeks a contract with the period of performance of Date of Award plus six (6) months.

2.0 Requirements

The contractor shall provide COVID-19 screeners to pre-screen patients, visitors, and staff using agency approved questions (Attachment 1) prior to entering any building listed in the schedule of Coverage below. Note the Emergency Department shall be covered 7 days/week, 24 hours/day. Screeners shall be masked while performing this function. The pre-screening questions are subject to change as necessary to meet Center for Disease Control, Department of Veteran Affairs, Veterans Health Administration mandates and suggested precautions, and/or as determined by the CGVAMC Director to be in the best interest and welfare of patients, visitors, and staff.

2.1 Coverage

The Contractor shall provide Security Guard services to ensure full coverage for the periods stated in the tables below. In addition to the basic hours of coverage, the Contractor shall provide on-call security coverage as needed including after hours, weekends, and Federal Holidays to ensure adequate screening coverage. The contractor shall maintain the coverage depicted below during break and lunch periods and for those times scheduled contract employees are absent. The Federal Holidays for remainder of calendar year 2021 and calendar year 2022 are listed in Section B.4 Special Contract Requirements.

Note: If the established (observed) date falls on a Sunday, then the succeeding Monday is observed; if the date falls on a Saturday, the preceding Friday is observed.

Note: Holiday coverage is only required as depicted in the table below.

2.2 Schedules shall be developed on a monthly basis. Shift rotations and durations shall be at the Contractor’s discretion. A copy shall be provided to the Contracting Officer’s Representative (COR) one (1) week prior to the beginning of the month.

2.3 Where required, shift change briefings shall occur between the on-coming and off-going guards. Where feasible, shift change briefings shall include a VA Police Service Liaison. Topics of discussion should include significant events, policy change, or any other information the off-going guard feels is pertinent.

2.3 Scheduling discrepancies shall be addressed directly with the Contractor. The Government will not resolve scheduling issues between the Contractor and their employees.

CGVAMC Building 9 / 14 / 15 / 47 / 70 Main and Employee Entrances

CGVAMC Emergency Entrance (Building 47)

Temporary Shelters, Tents, etc.

CBOCs Main and Employee Entrances

2.4 Circumstances that arise during the period of performance which require additional services shall be coordinated with the CO prior to those services being performed under this contract. Any additional services performed by the Contractor without prior authorization from the CO will be performed at no additional expense to the Government. The cost for any additional services shall be at the same rate as pre-negotiated costs during each respective period of performance. The CO can provide verbal authorization for emergent requirements that arise. However, the Contractor must submit a written proposal for such additional work to the CO within 24 hours of the verbal authorization. Once the proposal is accepted by the Government, a modification to this contract shall be issued to reflect those changes.

2.5 The contractor shall pre-screen all individuals entering the CGVAMC and CBOCs. See Attachment 1 for more information regarding individuals are experiencing symptoms. To avoid screening the same individual multiple times per day, the contractor shall issue each individual a wrist band. Wrist bands shall be a different color each day to ensure individuals are screened each day. Individuals under the age of 16 shall be accompanied by a parent or guardian at all times they are on CGVAMC and/or CBOC property.

3.0 Management and Supervision of Contract Personnel

The Contractor shall be responsible for supervising the daily services provided under this contract. The Contractor shall provide the name and contact information for a person designated to manage and supervise contract employees under this contract to the CO upon award of the contract. The contract supervisor tour of duty shall be from 6:30am – 3:00pm Monday – Friday. The Contractor may choose to extend the base hours at the Contractor’s expense. The Government will not reimburse the Contractor for expenses incurred by extending the base hours. Contract Supervisor duties shall include but are not limited to:

· Daily management and supervision of contract employees and contract requirements.

· Serve as the liaison between the contractor, contract employees, and the VA Police Service

· Attend the VA Police Service debriefing at 7:00am daily.

· Maintaining a daily log (see paragraph 3.1)

· Fill coverage gaps for breaks, lunch periods, and staffing shortages for various reasons.

3.1 The contract employee supervisor shall maintain a daily log of pertinent information relative to the execution of the daily tasks associated with this contract. Examples of required entries are notes regarding information provided during the daily VA Police Service debrief, radio frequencies and changes to frequencies, staffing issues, VA policy changes, changes to coverage areas, hours, or number of contract personnel, encounters with patients, visitors, or VA staff that in the opinion of the employee involved was hostile or had the potential to become hostile, any situation that caused the VA Police Service to dispatch officers to assist, and any other information, in the opinion, of the supervisor should be noted. The log shall be maintained during periods when the supervisor is not on duty. The parties agree that contractor personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

3.2 COVID-19

VA policy is that all VA employees, residents, students, and contract personnel be vaccinated against the COVID-19 virus. The Contractor shall submit proof of vaccination for contract employees that will perform work on this contract to the CO within three (3) days of contract award. Contract employees who do not have proof of vaccination shall not perform work until proof of vaccination has been provided.

3.2.1 The Contractor shall practice COVID-19 Pandemic precautions in accordance with (IAW) Department of Veteran Affairs (DVA), Veteran’s Health Administration (VHA) Directives, and the CGVAMC Director’s policies while on CGVAMC property. This includes but is not limited to:

· Wearing protective face coverings at all times while inside the CGVAMC facility to include all outbuildings.

· Maintaining social distancing of at least six (6) feet from other individuals.

· Maintaining proper handwashing practices.

3.2.2 Contract employees found in violation of COVID-19 Pandemic safety precautions and practices will be asked to leave the CGVAMC property immediately, not to return. In the event contractor employees are removed from the facility, the Contractor may replace that employee(s) or continue the task.

3.3 Personnel Policy

The Contractor shall be responsible for protecting the personnel furnishing products and/or services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

· Workers compensation

· Professional liability insurance

· Health examinations

· Income tax withholding, and

· Social security payments.

3.4 The Contractor shall use reasonable care to avoid damaging to the facility and the grounds. If the Contractor’s failure to use reasonable care causes damage to any Government, private or personal property, the Contractor shall replace or repair the damage at no expense to the Government or other private parties as directed by the CO. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

3.4.1 Contract employees performing services under this contract shall be subject to fingerprint adjudication and a National Agency Check with Inquiries (NACI) background investigation (BI) as further defined in this Statement of Work (SOW). Contract employees who have a criminal record may not work under this contract. The Contractor shall bear any and all expenses associated with BIs and fingerprint adjudications. Fingerprint adjudications within the last 120 days and BIs within the past five (5) years are valid.

3.4.2 Contract employees shall not perform work under this contract until the (CO) receives notification that the investigation has been initiated. A favorable adjudication must be received in order for a contractor employee to continue performance.

3.4.3 The Contractor shall furnish to the CO proof that he/she is licensed and bonded as required by the State of North Carolina for doing business as a contract security company to the CO prior to award of a contract.

3.4.4 The Contractor shall have proof of liability insurance. The Contractor shall be responsible for determining the physical and psychological capabilities of their employees in performing the tasks associated with this contract. The Contractor shall not hold the CGVAMC and of the Department of Veterans Affairs responsible for pre-existing medical and/or psychological conditions contractor employees experience while performing work under this contract.

3.4.5 The Contractor shall assign a Point of Contact (POC) for contract administration purposes and provide the name and contact information to the CO and a list of employees who will or will potentially perform work on this contract prior to performing any work. The POC may be the same individual as appointed to manage and supervise contract employees.

3.4.6 Uniforms

It is imperative contract employees be uniformed for visibility, as well as to present a professional, disciplined, and authoritative stature. Contract employee uniforms shall closely resemble uniformed police officer uniforms: trousers or uniform cargo pants, button down uniform or polo shirt with either a pin on or embroidered badge, nametag, and company logo, and appropriate footwear. If sneakers are worn, they shall be black in color.

3.4.7 Qualifications

Contract employees must be a United States citizen or hold a work visa, be 18 years of age or older, possess a high school diploma or equivalency, speak and read the English language fluently.

3.4.8 Training

Contract employees shall complete the following training in The VA Talent Management System (TMS):

The link to TMS is https://www.tms.va.gov/SecureAuth35/

3.4.9 The Contractor shall assure that contract employees:

· are in uniform and present a neat, professional appearance.

· are adequately trained to include knowledge of verbal de-escalation techniques.

· maintain appropriate licenses, certifications, permits, training, etc.

· are properly equipped.

3.5 Smoking Policy

Smoking is strictly prohibited while on the CGVAMC campus. Violations can result in a fine of $50.00 or more.

3.6 Contract Employee Vehicle Registration / Parking

Contract employees shall register their vehicles with the VA Police Service. Contract employees shall park in the employee parking areas behind the medical center or in the vicinity of the area of responsibility during their designated shift (building 9, 15, etc.). Contract employees shall not park in reserved medical center or other reserved parking slots. Handicap designated parking slots require the appropriate credentials. Towing is strictly enforced. Violators will be towed at the contractor’s / owner’s expense.

4.0 Identification Requirements

Contract employees will be issued a VA Personal Identification Verification (PIV) contract employee identification badge for limited access to the CGVAMC IT network. Contract employees do not require access to patient data, VistA, Computerized Patient Record System, (CPRS), etc.

5.0 Government furnished Equipment

The Government will furnish the following equipment:

· Masks

· Wrist Bands

· Office space adequate for one person

· Desk/workstation

· Desk Chair

· Laptop computer

· Two-way radios. Quantity and frequency(s) will be provided at the contract kickoff meeting.

· Dorm size refrigerator

· Microwave

6.0 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

1. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

36C24622Q0054

1. Contractor must immediately notify their POC/COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.”

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B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS or HOURS OF OPERATION

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours are Monday through Friday, 8:00am – 4:30pm, excluding federal holidays which are as follows:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day specifically declared by the President of the United States to be a federal holiday.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

2.0 BACKGROUND INVESTIGATIONS

A full background check is not required for this position, however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the requirement in the performance work statement is Special Agency Check (SAC). This requirement is applicable to all subcontractor personnel requiring the same access. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3.0 BILLING AND PAYMENT: The contractor shall submit invoices electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests, via VA’s Electronic Invoice Presentment and Payment System. (See Web site http://www.tungsten-network.com/us/en/veterans-affairs-us/ )

All contractors shall be registered as a vendor to submit invoices in accordance with the Department of Veterans affairs e-Invoicing System at time of award.

4.0 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:

Contracting Officer’s (CO) Contracting Officer (CO)/Administrator

Leah Trossen, Branch Chief, Services II Harold L. McQuillia, CO Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office (NCO) 6 Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Hampton, Virginia 23667

Point of Contact (POC)

TBD

Department of Veterans Affairs Charles George Veterans Affairs Medical Center 1100 Tunnel Road Asheville, North Carolina 28805 Tel: TBD

5.0 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.

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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 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS. (OCT 2021) (DEVIATION)

FAR Clause 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors. (OCT 2021) (DEVIATION) is hereby incorporated into this contract. The complete text is as follows

[52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

C.1 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 $20,000.00 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.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.4 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)

(End of Addendum to 52.212-4)

C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (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. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal…