36C24720Q1134.docx

36C24720Q1134

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

521-20-4-5137-0099 36C24720Q1134 09-10-2020

MARCUS WATTS

334-725-3166 09-17-2020 1:00 Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery

AL

36109-3798 X X 485999 $16.5 Million N/A X Department of Vetran Affairs Birmingham VA Medical Center 700 19th St. South Birmingham

Al

35233 Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee

AL

36083-5001

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page

CONTRACTOR SHALL PROVIDE TRANSPORTATION SERVICES FOR

BIRMINGHAM VA MEDICAL CENTER.

THIS SOLICITATION IS SET ASIDE FOR SERVICE DISABLED VETERAN

OWNED BUSINESS (SDVOSB) ONLY!!

ALL SVOSB'S NEED TO BE REGISTERED IN WWW.SAMS.GOV AND

HTTPS://WWW.VIP.VETBIZ.VA.GOV/.

SEE STATEMENT OF WORK

***PROCUREMENT IS IN SUPPORT OF COVID-19 NATIONAL EMERGENCY

$0.00 See CONTINUATION Page X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

LEFT BLAN INTENTIONALLY

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 Department of Veterans Affairs Central Alabama Veterans Health Care

215 Perry Hill Road Montgomery AL 36109-3798

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

FMS-VA-2(101)

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:

Statement of Work Shuttle Transportation Service Birmingham VA Medical Center

1. A. GENERAL OBJECTIVES AND REQUIREMENTS:

1.

1. Title of Project: Shuttle Transportation Service for the Birmingham VA Medical Center in Birmingham Alabama.

2. Purpose of the Project: The purpose of this contract is to provide Shuttle Transportation Services for Veterans, staff and visitors between the Birmingham VA Clinic Annex and the Birmingham VA Medical Center. The Contractor shall provide all equipment (including personnel protective equipment), supplies, supervision, personnel, and transportation, except as specified herein as government-furnished, necessary to assure that all services are in accordance with the contract and all applicable Veteran Affairs laws and regulations.

a. Address to pick up and drop off locations:

3. Scope and Methodology: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. The Contractor shall provide all air-conditioned and heated shuttle vehicles capable of carrying, personnel, equipment, and supplies. The Contractor will provide reports to the Contracting Officer’s Representative (COR) as set forth under and in accordance with all terms, conditions, clauses and provisions in the solicitation.

a. The contractor shall provide 10 professional CDL operators with passenger endorsement 5 days per week (Monday – Friday) to drive, assist passengers, and service the contractor assigned vehicles from 6:00 AM – 6:00 PM, excluding federal holidays. Service hours will be divided into two shifts.

b. The contractor shall provide a quantity of 10 buses: 10- 20 passenger capacity vehicles with lifts and two wheelchairs to assist with wheelchair bound passengers.

c. The Contractor is required to provide shuttle services at the designated time period referenced above. If the Service Provider is aware of any delay in meeting a scheduled pick-up time, the COR shall be notified of the delay the reason for the delay and the estimated time of arrival.

d. Contractor will provide written documentation with explanation when contract services are unavailable with signature of responsible parties. VA will issue Bill of Collections for any costs obtained from another source. Failure to pay as charged within timeframes specified in the Bill of Collections may result in deduction of costs from the next month’s invoice.

4. Waiting Time: Contractor shall be on time for its scheduled pick-ups. Patients, Staff and visitors shall be picked up every 5 to 15 minutes (depending on time of day) between 2415 7th Ave South Birmingham, AL 35233 and 700 19th St. South Birmingham, AL 35233.

a. In no instance is an employee to wait beyond (15) minutes after scheduled pick-up time.

5. Request for Service: The Contractor shall pick-up and drop-off the employees between 2415 7th Ave South Birmingham, AL 35233 and 700 19th St. South Birmingham, AL 35233.

a. Contractor shall not make any deviations in the route or time and beyond safety is not responsible for providing direction to the staff during transport to specified locations. No additional pickups outside of designated areas will be permitted.

b. 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 make a determination as to whether such delays in service are excusable. Drivers will display professional manners at all times. Rude or obscene behavior or language will not be accepted.

6. Driver’s Conduct: The following acts are not permissible by drivers that provide services under this contract or while on VA Premises:

a. Use of 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.) Any drivers conduct or behavior as described in VA Regulation 1.218(b) Department of Veterans Affairs Schedule of Offenses will not be accepted.

b. Gambling in any form.

c. Smoking and other uses of tobacco while on duty. VA Employees and or Contractor staff are prohibited from smoking on shuttles.

d. Carrying of pistols, firearms or concealed weapons.

e. Resorting to physical violence to settle a dispute with a VAMC employee or patient in general public while on duty.

f. Spitting in prohibited places or any other unsanitary, offensive or insensitive practices or behavior.

g. Use of loud, indecent or profane language and/or making threatening or obscene gestures toward customers or other employees.

h. Stopping for personal business, including excessive use of restroom facilities, while shuttle is occupied by a passenger. The driver shall not leave the shuttle with the key in the ignition at any time.

i. Engaging customers in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver is to contact his dispatcher/supervisor via the radio system.

j. Soliciting or accepting tips from customers, companions or others at any time.

k. Contractor shall ensure that the shuttle is smoke free when transporting employees or patients.

l. Driver is prohibited from texting while driving.

m. All driver records will be checked periodically (quarterly, bimonthly, etc.) to ensure they have not accumulated additional points, after the onset of the contract.

7. Communication System: The Contractor’s Communication System shall consist of:

a. Telephone System

b. The Contractor must have telephone coverage to accept calls from Birmingham VA Medical Center during the hours of 6:00 AM to 6:00 PM.

c. The Contractor shall ensure the availability of mobile radio and/or cellular telephone communication with all shuttles providing transportation service at all times.

8. Special Requirements: Motor vehicle operators shall immediately report safety hazards, incidents, and accidents to their immediate supervisors and to VA dispatch officials.

a. 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.

b. 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.

c. The exterior of the vehicle shall be cleaned, washed, and rinsed with regular soap and water, as necessary.

d. The contractor shall clean, disinfect, and sanitize interior spaces, using Wexcide-1 disinfectant, of each vehicle during drivers breaks and lunches, after transporting passengers. Contractor needs to ensure vehicle is mopped at end of each shift before the next business day.

9. Service Disruptions: 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 employees or patients.

10. Provisions of Services: 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.

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

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

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

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

e. 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.

11. Drivers List: The Contractor shall provide the COR a list of all drivers, utilized for this contract by the fourth day of each month. The Contractor shall ensure that all drivers providing services under this contract will have less than five (5) current points on their driver’s license, none of which were assessed for “Reckless Driving.” VA Medical Center Birmingham reserves the right to order the removal from service under this contract, any driver who violates the provisions of this section. Contractor shall provide a copy of the state driver’s license as supporting documentation.

12. Certification of Insurance Coverage: 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.

13. Contractor Equipment and Vehicles: 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:

a. 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.

b. Vehicles shall be clean and in good repair at all times during the performance of this contract.

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

d. All vehicles shall be equipped with a cellular phone that will be operational at all times during contract performance. Vehicles shall meet or exceed all applicable Federal, State and local regulations in regard to chauffeuring paying clients.

e. This shall include all Department of Transportation requirements.

f. 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 employees or 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 deems necessary.

14. Vehicle Specification: 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 (AL).

a. All shuttles shall have the following:

1. The contractor shall provide a quantity of 10 buses:

2. 10- 20/2 passenger vehicles with lifts to assist with wheelchair bound passengers

3. 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.

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

5. 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 (AL).

6. 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.

7. 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.

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

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

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

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

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

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

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

15. 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 step-stool in case the automatic steps become inoperative. The driver must place these steps at each stop prior to pick up or discharge of passengers.

16. Two Wheelchair Capacity

17. 800 lbs. or better Side rear lift

18. Mid back Vinyl seats (For cleaning No cloth)

19. Air conditioning & Heat

20. Seat Belts

21. One-piece roof

22. Center Aisle Walkway

23. Height & length of Vehicle (10’6 Height / Length 27’)

15. Vehicle Inspection: The COR shall inspect all vehicles that are to be utilized in the performance of this contract. These inspections shall be conducted as follows:

a. Prior to contract start.

b. At the beginning of each contract period.

c. Before each initial use of a vehicle that is added to the monthly list

d. Quarterly throughout the life of the contract.

e. Whenever the COR determines an inspection is warranted.

f. Contractor shall not use any vehicles for this contract that do not pass inspection.

g. COR shall contact the Contractor to coordinate the date, time, and location for inspections.

16. Complaints Handling: The COR will monitor the service provided. The Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. The Contractor shall refer complaints received directly from the customer(s) to the COR. All complaints received by the COR and forwarded to the Contractor shall be investigated promptly. After investigation and disposition, the Contractor shall respond to the COR within five (5) working days after receipt by the Contractor.

17. Payment: Payment will be made monthly in arrears 30 days after receipt of the proper invoice.

18. Complaint Against Drivers: Complaints against driver behavior or professionalism will be submitted to VA Medical Center Charleston (COR) and may result in VA Medical Center Charleston requiring Contractor to remove offending driver(s) from service. Drivers who accumulate five (5) unrelated, substantiated complaints in a 12-month period shall be prohibited from providing any further services under this contract.

19. Contractors Qualifications: Offers will be considered only from Offerors who are financially responsible and have the necessary equipment and personnel to furnish service in the volume required for all services under this contract. Successful Offerors shall meet all requirements of federal, state and/or city codes regarding operations of this type of service. Prior to contract performance, Contractor shall submit to the COR the following:

a. List of all vehicles and identification number(s) (new vehicles must he reported before using) (Required at the pre-work conference).

b. Vehicle type and model.

c. Proof of insurance.

d. Inspection report of all vehicles

e. All required business licenses.

f. Copy of individual valid operator or chauffeur license for drivers. (Required at the pre-work conference)

g. A recent (within sixty days) copy of each driver’s state driving record obtained from the AL State Department of Motor Vehicles. (Required at the pre-work conference)

h. A personnel roster identifying all Contractor personnel who will be performing contract services. In this document, the Contractor shall identify the name, position title, and work assignment area of each employee. (Required at the pre-work conference) Thereafter, all changes shall be submitted within two (2) business days after changes occur.

i. Provide evidence of required training, certifications, licensing and any other qualifications for any personnel performing contract services. (Required at the pre-work conference)

20. Reporting Requirements: Reporting (Pick-Up, Delivery, Departure).

a. All drivers will be required to report to the COR any time a pick-up, delivery, or departure is delayed.

b. All records submitted to and/or complied by the Contractor regarding vehicle inspections, safety, maintenance records, or other reports may be reviewed prior to contract award and shall be made available for the COR and the CO periodically throughout the term of the contract.

c. Drivers will maintain a daily log of all stops to include the following information:

1. Location

2. Time of departure and arrival at the next stop.

3. Number of passengers picked up.

4. Number of passengers, if any, which were not able to be picked up due to vehicle capacity.

d. Logs are to be submitted to the COR on a daily basis during the first 60 days of the contract and weekly thereafter.

e. 1st shift 6:00 AM-2:30 PM - 2nd shift 9:30 AM-6:00 PM “***PROCUREMENT IS IN SUPPORT OF COVID-19 NATIONAL EMERGENCY*** Bilateral modifications may be negotiated to allow for additional quantities of goods or a surge of services for this contract in support of COVID-19 NATIONAL EMERGENCY

Effective May 7, 2020 all individuals entering TVAMC (employees, patients, or visitors) will be required to wear a face covering. The face covering must cover the mouth and nose, fit snugly, and allow for breathing without restriction.

Drivers are expected to wear PPE as required by COVID-19 standards.

Information on face coverings from the CDC may be found here:

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Shuttle service contract to provide transportation for patient and employees coming and going from Birmingham VAMC Clinic 2415 7th Ave South Birmingham Al 35233 to the Birmingham VA Medical Center 700 19th St. South Birmingham Al 35233

10 Shuttle buses with a twenty passenger capacity plus two wheelchairs, with a wheelchair lift.

““***PROCUREMENT IS IN SUPPORT OF COVID-19 NATIONAL EMERGENCY***”

B.3 DELIVERY SCHEDULE

12.00

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SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause) C.2 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.

[] 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.

[X] 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 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.4 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.5 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

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

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

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

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

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

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

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

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

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

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SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/);

(ii) Quick Search (http://quicksearch.dla.mil/);

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $10,000, and offers of $10,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the…