36C24720Q0530 Hoptel.pdf

PAGE 1 OF 68 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

36C24720Q0530 06-12-2020

Alexandria Garza 843-789-6379 07-15-2020

1300 EST

Department of Veterans Affairs Ralph H. Johnson VA Medical Center 109 Bee Street Charleston SC 29403-5799

X 100

X

721110

$35 Million

N/A

See Delivery Schedule

109 Bee Street Charleston SC 29403-5799

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The Department of Veterans Affairs is seeking to establish a Temporary Lodging contract known as the Hoptel Program.

Reference Performance Work Statement (PWS) dated 28 April.

All submissions are due by 1300 EST, 15 July 2020 via email to Contract Specialist Alexandria Garza; alexandria.garza@va.gov.

See CONTINUATION Page

LaToyer N. Furbush

SCA WD#1996-0411 Rev #42 last rev 23 Dec 19

36C24720Q0530

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS .. 1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION ............................................... Error! Bookmark not defined.

B.3 DELIVERY SCHEDULE ........................................... Error! Bookmark not defined.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(OCT 2018)

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

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

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING

AND COMPLIANCE (JUL 2018)

C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(MAR 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT

2018)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEC 2019)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (MAR 2020)

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 36C247

109 Bee Street

Charleston SC 29403-5799

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

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:

AMENDMENT NO DATE

Hoptel

Performance Work Statement (PWS)

1. GENERAL: The Hoptel Program has been designed to reduce Government spending and duplication of efforts in administrative support services. The Ralph H. Johnson Hoptel Program realizes significant savings through partnering, standardization, streamlining, prudent acquisition strategies, reorganization, economies of scale, or consolidation, and an overall sound business approach to the delivery of products and services. As of today, the Ralph H. Johnson Hoptel Program provides more than 290 hotel rooms per month to Veterans that meet the criteria standards in Medical Center’s CPM 136-14-04

2. BACKGROUND: The Department of Veterans Affairs (VA) is mandated to establish a program for providing temporary lodging under section 221(a) of the Veterans benefits and health Care Improvement Act of 2000 (Public Law 106-419). These statutory provisions regarding temporary lodging have been codified as Title 38 United States Code (U.S.C.) 1708 and are administered by VHA. Statutory provisions allow VA to use appropriated funds for temporary lodging or Hoptel services, including non-VA facilities (i.e. motels, hotels, etc.).

NOTE: Federal Regulations on temporary lodging were published on February 21, 2014.

3. PERIOD OF PERFORMANCE:

Base Year 11/01/2020 to 10/31/2021 Option Year 1 11/01/2021 to 10/31/2022 Option Year 2 11/01/2022 to 10/31/2023 Option Year 3 11/01/2023 to 10/31/2024 Option Year 4 11/01/2024 to 10/31/2025

4. PLACE OF PERFORMANCE: Ralph H. Johnson VA Medical Center, 109 Bee Street, Charleston, SC 29401

5. DAYS AND HOURS OF OPERATION: Seven days a week, check in time will be between 1500 and 1900 daily. Veterans arriving after 1900 will be required to call AOD in advance to keep their room open. Shuttle services are required between the hours of 0500 to 1700 from Monday thru Friday.

6. PERFORMANCE REQUIREMENTS:

a. Documentation

1. The Contractor shall provide documentation that confirms that the company is a registered small business in the System for Award Management (SAM) located https:// www.sam.gov.

2. The Contractor shall provide documentation that confirms that the company has the required business licenses/permits/registration, insurance coverage and surety bonds to operate a hotel in the County of Charleston, State of South Carolina.

b. Hotel Specifications

1. The Contractor shall furnish rooms to the VA beneficiaries authorized by the Ralph H.

Johnson VAMC. The Contractor shall furnish all standard supplies/services included as the minimum room requirements. These rooms will be used on a short-term basis for the VA Hoptel Program. Availability is as follows:

Item # Description/Part Number*

Qty Per

Night

Days in

Year 1 Sunday Night Rooms 15 53 2 Mon, Tues, Wed Night Rooms 30 156 3 Thurs Rooms 25 52 4 Fri & Sat Rooms 4 104

2. Hotel cleanliness will be required to meet specific minimum standards to include washing all bedding including comforters daily, room will be free of mildew/mold and non-smoking rooms will be smoke free. Standard items in the room will be maintained and in good repair. Carpet will be visibly clean and free of stains. The facilities outside of the rooms, including hallways, entry ways and grounds should also be clean and in good repair. The interior facilities should be free of pests. Additionally, the hotel will provide a safe and secure environment for the Veterans, including door locks that function properly and video surveillance of the common areas.

3. HVAC units should be clean and well maintained.

4. Repairs need to be made to items owned by the Hotel/Motel in a timely manner. Items that can be repaired/replaced on site (i.e. furniture) should be repaired/replaced immediately. Items that need parts ordered or specialty service should be removed from the room as practical (example: it is not practical to remove damaged countertops) and repaired as soon as parts/services are available.

5. Visible signage in rooms specifying costs for certain incidents such as the removal of hotel/motel property (i.e. pillows and towels) and charges for smoking in non-smoking rooms.

http://www.sam.gov/

6. It is preferred that the hotel has one of the following quality ratings:

• Approved Diamond rating or higher per AAA

• Two stars or higher for hotel rating

7. The hotel shall be compliant with the Hotel and Motel Fire Safety Act of 1990 15 U.S.C.

2201 et seq, (Public Law 101-391), and must hold a FEMA certification number. The hotel shall be compliant with Americans w/Disabilities Act, 42 U.S.C. Section 12101 et seq. (ADA). Additionally, the hotel shall abide by all state and federal regulations that govern the proper operation of such an establishment.

8. Rooms will include at a minimum a microwave or kitchenette, miniature refrigerator, coffee pot, television and telephone.

9. The Contractor shall provide documentation that confirms that the company maintains environmental reports from annual inspections with incidental inspections occurring upon discrepancy. The Contractor shall provide current year Pest control inspection reports showing that there are no issues with pests on the premises. Pest control shall include bed bugs, cockroaches, termites, ants, rodents, flies, mosquitoes, fleas, spiders, wildfire, ticks, beetles, gnats, silverfish, earwigs, stinging pests, stink bugs, millipedes, weevils, fruit flies, and mites. Additionally, the hotel must maintain all other inspection reports as required by state and federal laws and regulations for such an establishment.

10. Provide complimentary standard personal care items in all rooms, additional items (i.e.

toothbrush, toothpaste, razors, deodorant, body soap and shampoo) available upon request free of charge. ALL extra amenities will be the responsibility of the patient (i.e.

room service, pay-per view movies, etc.) local calls available at no cost.

11. Provide a hot breakfast/continental breakfast free of charge.

12. Provide concierge service to assist older or handicapped patients.

13. Provide free Wi-Fi and Wi-Fi access free of charge.

14. The hotel/motel must not be above complaint thresholds stated in the Quality Assurance

Surveillance Plan for more than three (3) consecutive months.

15. Daily stay reports for all Veterans that stayed the prior night should be submitted to the COTR by 1000 hours on the next business day via email.

16. The C&A requirements do not apply, and a Security Accreditation Package is not required

c. Shuttle Transportation

1. The Contractor shall provide shuttle transportation for Veterans from the hotel to the VAMC and return transportation. The Contractor shall pick-up and drop-off the Veteran at 109 Bee Street Charleston, SC 29401.

2. Contractor shall immediately notify the COR of any conditions that occur, which are not reasonable and/or controllable by the Contractor (i.e. inclement weather, road hazards, etc.) and could result in a delay of shuttle or bus service. The COR shall decide as to whether such delays in service are excusable.

3. Contractor will immediately report all medical incidents and accidents, including those where there is no apparent injury to shuttle riders. A written report from the driver documenting the facts of the incident/accident must be provided to the VA Medical Center within 24 hours of the occurrence. The written report will include the names, addresses, and telephone numbers of any witnesses as well as any applicable Police Reports. Any accident involving major damage, serious personal injury or loss of life shall be reported to the COR immediately. Records shall be kept for three (3) years for each accident a shuttle is involved in, including the repair work required to return the shuttle to service.

4. At the end of each drop off at the medical center, the driver will inspect the vehicle for any leftover materials and turn them in immediately to lost and found (Voluntary Service) unless it’s contraband which is turned over to the VA Police Office.

5. The Contractor shall report to the COR all shuttle breakdowns or other problems, which may cause service disruptions immediately. When a breakdown occurs, it is the responsibility of the Contractor to provide back-up shuttles to minimize any delay or inconvenience to the customer(s). Contractor shall provide backup vehicles to minimize any delay in transporting the patients.

d. Vehicle Specification

1. All shuttle vehicles under the terms and conditions of this contract shall be licensed and meet the minimum vehicle requirements as mandated by the Department of Transportation in the State of which the vehicle is operated (SC).

2. All shuttles shall have the following:

3. The shuttle vehicles and their equipment and supplies must be of the quality, model and condition to assure the high-quality transportation and shall meet the minimum standards for maintenance, equipment and staffing of all shuttles operated. Shuttles must have adequate straps and seat belts necessary to secure patients. The Contractor shall maintain a record of preventive maintenance of all shuttles being used for service to the VA.

Shuttles and maintenance records will be made available to the VA for quarterly inspections or whenever the COR feels such inspections are needed.

4. Contractor shall provide a list of all shuttles utilized on this contract to the COR. The list shall include shuttle vehicle identification numbers and insurance certificates prior to providing service.

5. Contractor shall submit vehicle list to the COR by the fourth day of every month.

6. The shuttle vehicles under the terms and conditions of this contract shall be licensed and meet the minimum vehicle requirements as mandated by the Department of Transportation in the State which the vehicle is based (SC).

7. All vehicles shall meet current applicable Federal, State and local specifications and regulations including, but not limited to, licensing, registration, insurance coverage and safety standards. Licensing by the State of South Carolina is required. Vehicles shall also meet any city or county requirements as mandated by these agencies.

8. Vehicles shall always be clean and in good repair during the performance of this contract.

9. Vehicles shall undergo continual preventive maintenance as per manufacturer’s recommendation.

10. All vehicles shall be equipped with a cellular phone that will always be operational during contract performance. Vehicles shall meet or exceed all applicable Federal, State and local regulations regarding chauffeuring paying clients.

11. Vehicles shall have a functioning speedometer which indicates speed in miles per hour

(MPH) and a functioning odometer which indicates distance correctly in tenths of a mile.

12. Vehicles shall be equipped with operational heating and air conditioning systems.

Contractor shall not operate a shuttle for beneficiary pick-up if the AC system is inoperable and the temperature is forecasted to exceed 70 degrees Fahrenheit. Shuttles shall not be used for transportation service until AC system or heating has been repaired.

Shuttle vehicles shall not have grime, oil or other substances, cracks, breaks, dents, and damaged point that noticeably detracts from the overall appearance of the shuttle vehicle.

13. Shuttles shall have all body molding in place, or if removed, holes shall he filled and painted.

14. Shuttles shall have passenger compartments that are clean and empty.

15. Shuttles shall not have torn upholstery or floor coverings, damaged or broken seats, sharp objects or edges that are protruding, or insects and vermin.

16. Shuttles shall have windows and doors, which can be opened and closed in accordance with manufacturer standards.

17. Shuttles or buses shall meet all safety and mechanical standards established Federal, State and local statutes and regulations.

18. Shuttles shall have flares and reflective emergency cones or similar devices in the event of a breakdown.

19. Shuttles shall not have advertising displayed on them except for the company information (i.e., company logo, company license number etc.).

20. Shuttles or buses must have pull out or automatic steps that are attached to the vehicle. If not automatic the driver must pull out and replace before leaving at each drop off station.

Each vehicle is required to have on hand a stepstool in case the automatic steps become inoperative. The driver must place these steps at each stop prior to pick up or discharge of passengers

21. The Government reserves the right to inspect Contractor equipment and vehicles or require documentation of compliance with contract specifications. Such an inspection if conducted does not constitute a warranty by the Government that the Contractor’s vehicles and equipment are properly maintained. The Government reserves the right to restrict the Contractor’s use of equipment and vehicles which are in need of repair, unclean, unsafe, damaged on the interior or exterior body, and are not in compliance with contract specifications. The restriction of such equipment and vehicles shall not relieve the Contractor from providing all required services as defined herein. The Contractor shall transport beneficiaries in vehicles (for the required purpose) that meet the specifications identified herein. Vehicles and equipment used in performance of this contract shall be as follows:

e. Certificate of Insurance

1. Before award of the contract, the Contractor shall furnish to the Contracting Officer a Certificate of Insurance (see FAR Clause 52.228-10) containing an endorsement to the effect that cancellation or any material change in the policies which adversely affect the interest of the Government, shall not be effective unless a thirty (30) day written notice of cancellation or change is furnished to the COR. The term “will endeavor” is not acceptable as issued by the Insurance Carrier.

f. Driver’s Conduct

1. Use of intoxicating alcohol or alcoholic beverages, narcotics or controlled substances of any kind (excluding doctor’s prescriptions which do not impair driver’s driving ability) while on duty or reporting for duty while under the influence of alcohol or alcoholic beverages, narcotics or controlled substance of any kind (excluding doctors’ prescriptions which do not impair driver’s driving ability) will not be tolerated. Any drivers conduct or behavior as described in VA Regulation 1.218(b) Department of Veterans Affairs Schedule of Offenses will not be accepted.

2. The Contractor shall maintain a 95% on-time performance standard daily. Trips will be considered “on-time” if they arrive at the destination on or before the scheduled arrival time.

3. Drivers shall wear appropriate attire with a picture identification badge that clearly identifies the company they work for and the contract employee’s name.

4. Drivers will be required to assist employees or patients on or off the shuttle/bus as necessary.

5. Driver shall ensure that employees or patients are seated prior to transportation beginning from a location.

6. Contractor shall immediately notify the COR of any vehicle breakdowns or other problems that can result in service disruption.

7. Contractor’s performance shall be in conformance with the contract and all applicable Federal, state, and local laws to include Department of Transportation, 49 CFR, Parts 27, 37, 38, 571 and VA Standards. All regulations of the State Public Service Commission (PSC) (of where the Contractor’s facility is located) governing the control, operation of and licensing of the transportation contractor are incorporated herein by reference. All records submitted to and/or compiled by the Contractor regarding vehicle inspections, safety, maintenance records, and manifests, etc. may be reviewed prior to awarding a contract and periodically throughout the life of the contract.

8. Drivers will always display professional manners. Rude or obscene behavior or language will not be accepted.

g. Miscellaneous

1.Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

3. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

4. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook

6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

5. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

6. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

7. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

8. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

9. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

10. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

11. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

12. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with

VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

e. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

f. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

13. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

14. The establishment must be within 5 miles of the Ralph H. Johnson VAMC, 109 Bee

Street, Charleston SC 29401.

7. INVOICES: The Contractor will furnish with invoice signed documented proof that services have been rendered in accordance with this contract. Room charges are only for actual room use only. Invoices shall be submitted monthly in arrears. Invoices shall not exceed the authorized contract rate. Invoices for room rates shall not include tax, as the Federal Government is tax exempt.

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

Financial Services Center PO Box 149971

Austin TX 78714-9971

a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor and submitted through Tungsten Network (formerly known as OB10) http://www.tungsten-network.com/us/en/. A properly prepared invoice shall contain:

Invoice Number and Date Contractor’s Name and Address Accurate Purchase Order Number Supply or Service provided Period Supply or Service Provided Total Amount Due

b. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.

c. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com http://www.tungsten-network.com/us/en/ mailto:VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

d. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

8. Payment: All payments by the Government to the contractor will be made in accordance with FAR 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management. Payment will be made monthly in arrears upon receipt of a properly prepared invoice. Payment shall be rendered for actual room charges only for actual room use only (Contractor may bill for no-shows at a rate of $90.00 if Veteran confirms reservation and does not show for lodging stay after 7:00 p.m.) Payment for actual used room shall not include tax, as the Federal Government is tax exempt.

B.2 PRICE/COST SCHEDULE

Line Item

Description QTY Unit of Measure

Unit Price

Total Price

BASE YEAR

0001 15 rooms every Sunday night at 52 days/yr 15 Daily $ $ 0002 30 rooms every Monday – Wednesday night at 156 days/yr 30 Daily $ $

0003 25 rooms every Thursday night at 52 days/yr

25 Daily $ $

0004 4 rooms every Friday and Saturday night at 104 days/yr

4 Daily $ $

0005 Transportation by shuttle 12 MO $ $ Base Year Total $

OPTION YEAR 1

1001 15 rooms every Sunday night at 52 days/yr 15 Daily $ $ 1002 30 rooms every Monday – Wednesday night at 156 days/yr 30 Daily $ $

1003 25 rooms every Thursday night at 52 days/yr

25 Daily $ $

1004 4 rooms every Friday and Saturday night at 104 days/yr

4 Daily $ $

1005 Transportation by shuttle 12 MO $ $ Option Year 1 Total $

OPTION YEAR 2

2001 15 rooms every Sunday night at 52 days/yr 15 Daily $ $ mailto:vafsccshd@va.gov http://www.fsc.va.gov/EINVOICE.ASP

2002 30 rooms every Monday – Wednesday night at 156 days/yr

30 Daily $ $

2003 25 rooms every Thursday night at 52 days/yr

25 Daily $ $

2004 4 rooms every Friday and Saturday night at 104 days/yr

4 Daily $ $

2005 Transportation by shuttle 12 MO $ $ Option Year 2 Total $

OPTION YEAR 3

3001 15 rooms every Sunday night at 52 days/yr 15 Daily $ $ 3002 30 rooms every Monday – Wednesday night at 156 days/yr 30 Daily $ $

3003 25 rooms every Thursday night at 52 days/yr

25 Daily $ $

3004 4 rooms every Friday and Saturday night at 104 days/yr

4 Daily $ $

3005 Transportation by shuttle 12 MO $ $ Option Year 3 Total $

OPTION YEAR 4

4001 15 rooms every Sunday night at 52 days/yr 15 Daily $ $ 4002 30 rooms every Monday – Wednesday night at 156 days/yr 30 Daily $ $

4003 25 rooms every Thursday night at 52 days/yr

25 Daily $ $

4004 4 rooms every Friday and Saturday night at 104 days/yr

4 Daily $ $

4005 Transportation by shuttle 12 MO $ $ Option Year 4 Total $

GRAND TOTAL $

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(OCT 2018)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause…