36C24724Q0222 Workload Service Contract.docx

36C24724Q0222

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

508-24-3-536-0125

03-22-2024 Gail Bargaineer (404)3216111 05-10-2024

11AM

EDT

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

X

561210561210 $47 Million

N/A

See Delivery Address

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center https://www.fsc.va.gov/einvoice.asp Austin TX 78714-9971 (877)489-6135

See CONTINUATION Page The Contractor shall provide workload services for furniture equipment and other property of the Atlanta VAMC, CBOC leased space and Outpatient Clinics in accordance with the scope of work (SOW) and Price/Cost schedule sheet.

See CONTINUATION Page x x

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

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.

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

B.2 Scope of Work – Workload Service Contract

GENERAL DESCRIPTION OF SERVICES

The Contractor shall provide workload services to include receiving, delivery, and install services for furniture, equipment, and other property of the Atlanta VA Health Care System (AVAHCS) and (CBOC and Leased space, (See list of locations at the end of this document) furnishings from multiple campuses to off campus and back and at other off campus locations. This service shall include service to outlying Outpatient Clinics on a less frequent, but periodic basis. The selected contractor must provide a clean receiving facility with some usable area that is temperature and humidity controlled.

The Contractor shall be responsible for using the proper equipment to ensure efficient and careful transportation of furniture, equipment, and any other received items. Proper equipment shall include, but shall not be limited to, closed moving vans, closed security carriers for transporting equipment, rubber-wheeled dollies (in good condition and free of grease and dirt), aluminum or magnesium ramps of various sizes, cartons and bins, motorized pallet jacks, and a safe jack. The cost for this service shall be included within each Contractor’s profit calculations with respect to its quote.

We require a Contractor/vendor to provide a full range of services to disassemble/reassemble, repair and remove existing furnishings and related parts from a location, then transport the items to a new location and install/place them according to the direction of the Facility POC or COR and or capable of reading floor plans and drawings in AutoCAD and create and manage a professional inventory with photographs and to occasionally remove and replace flooring and base.

This contract is for a single award Indefinite delivery, indefinite quantity contract (IDIQ), period of performance shall be for sixty (60) months a base-plus (4) four option year’s beginning at time of award.

The Atlanta VA Health Care System will provide a set of furniture plans and facility blueprints for areas involved in this contract will be provided after contract award. A single staff point of contact will be provided to ensure efficient and seamless communication of each workload service requests. The number of moves will vary from month to month and facility to facility and there can be no guarantee of the number of moves required. Once we have a contract and complete some moves, we will have historical data to track and manage to predict moves. The Contractor/vendor office and/or locations, Project Manager, administrative staff, interior designer and move staff that will perform the work must operate in the Decatur, Georgia area within a 50-mile radius of the main hospital located at 1670 Clairmont Road, Decatur, GA. The Contractor/vendor must be familiar with moving, assembling, disassembling, and reinstalling Commercial Healthcare Furnishings and Cubicle workstations of various manufacturers such as Herman Miller, Haworth, National Office Furniture and Teknion etc.

SUBMISSION OF QUOTATION

Quote Submission: The contractors shall submit complete emailed electronic copy portable document format (.pdf) or Microsoft Excel (.xls) format of:

a. Certified Manufacture Letter confirming ability to be certify installer for Teknion, Global Furniture Group, Versteel, Krug, and Amcase

b. Price quote with separate line for each service workload, receiving, local trips, non-local trips, cable management setup, cable management disconnect, and dumpster and disposal.

Submissions can be sent in multiple emails to avoid computer system email size limitation, to CO Name: Gail Bargaineer, (gail.bargaineer2@va.gov). Quotes submitted by any other method will not be considered. All proprietary information shall be clearly marked. The use of hyperlinks in quotes is prohibited. The contractor is responsible for confirming the Government’s receipt of the contractor’s quote.

FACILITIES PROTECTION

1. The Contractor will be required to provide protection for loading dock, storage areas, and any other facility environment where movement is focused to ensure safety and minimize risk of damage to any VAMC property.

2. The Contractor will be required to take all measures necessary to safely move VAMC property (furniture) to and from received locations to final delivery destination. Upholstered items must be protected from dust & environmental elements while being received, delivered, or installed.

3. The Contractor must remove any debris, i.e., specifically, all cardboard, plastic, and packaging, after movement of furniture and equipment.

TRANSPORTATION SERVICES

The Selected Contractor shall:

1. Provide manpower, adequate crew sizes for the scope of work.

2. Respond promptly, (deliver within 24-72 hours), to requests for transportation and delivery of requested furniture, equipment, or other stored items.

3. Supply all necessary tools, dollies, lifters, labels, cartons, bins, and other materials that may be required to perform specified delivery and storage tasks efficiently, at no extra charge.

4. The Contractor must provide manpower to effect transportation of equipment and furniture as necessary.

5. Provide full palletizing and shrink wrapping of all office case good/systems furniture that is being relocated. Additionally, Contractor will need to label each pallet of wrapped office furniture with Building #, Room #, and detail of size and type of desking (every office will be palletized separately).

6. Detailed instruction for labeling method will be directed by the VAMC Interior Design Department.

7. Provide personnel and supplies for minor wood and metal furniture repairs – all such repairs which are necessary due to damage caused in the move are to be at the Selected Contractor’s expense and no charge for workload or materials will be allowed; Additionally, in the interest of safety and prevention of damage, the Selected Contractor shall ensure that no dollies are loaded in excess of three (3) cartons high, either prior to loading or on the truck.

8. Movement and/or de-installation with potential for re-installation of furnishings that VAMC has slated for relocation including systems furniture, and other assorted furniture, to a location (or locations) designated by VAMC Interior Design Department. There is potential for older furniture to be slated for “Excess” in which VAMC staff will direct Selected Contractor to relocate pieces or to be disposed.

9. Provide a comprehensive, up-to-date Inventory detailing each furnishing deemed as excess for the VAMC Interior Design staff. This should be in an Excel Spreadsheet format.

10. Provide at least one supervisor and/or lead foreman, meeting the qualifications for the respective job title listed in Staffing section below, at each site for the duration of each shift’s work.

11. Contractor shall insure that all staff and crew wear clean, labeled shirts/coats to identify themselves as Contractors as well as meet all requirements for badging and security clearances for the VAMC.

PROJECT STAFFING

The Contractor(s) is expected to furnish a sufficient staff of supervisory and workload personnel to perform all phases of any work resulting from this document in an orderly, timely, and efficient manner. There will be no excuse for failure of the Contractor to perform in a timely manner on specified dates with adequate crew sizes.

The Contractor shall assure that the same supervisory and workload crew will be in attendance throughout the duration of the Work and shall be responsible from the beginning of the project to its completion. This supervisory team must be specifically named individuals. Members of this team can have no other assignments during the work, without the permission of Atlanta VAHCS and no replacement shall be made without the written approval of Atlanta VAHCS.

MINIMUM QUALIFICATIONS OF SELECTED CONTRACTOR’S STAFF

Staff proposed by the Selected Contractor for this contract must meet the following mandatory requirements: Submit documentation with Contracting proposal package.

1. Worker- General Minimum six (6) months of commercial and/or biomedical moving experience Full understanding of conduct policy specified below Basic understanding of labeling procedures and implementation Full understanding of Privacy Training policy specified within this document Full understanding of VAMC badge policy specified within this document Ability to work as directed Ability to use levels, screw guns and other tools required to secure filing cabinets, metal shelving and bookcases, systems and/or other contract furniture de-installation, reinstallation and basic wall mounting of equipment.

2. Driver Minimum two (2) year of commercial and/or biomedical moving experience Minimum four (2) years of commercial driving experience Full understanding of conduct policy specified below Full understanding of Privacy Training policy specified within this document Full understanding of VAMC badge policy specified within this document Basic understanding of labeling procedures and implementation Ability to work as directed Complete knowledge of vehicle and equipment operation Current valid licensing, as required by law

3. Supervisor or Lead Foreman Minimum two (2) years’ experience as a foreman or supervisor for a commercial moving company Full understanding of conduct policy specified below Full understanding of and ability to perform records packing and unpacking Full understanding of facility protection requirements specified within this document and ability to direct crews in their implementation Ability to read, understand, color-code and number floor plans Ability to implement labeling procedures Full understanding of each shift’s assignments and goals Full understanding of overall project goals and schedule Demonstrated ability to direct and manage crews Full understanding of VA Privacy Awareness training specified within this document Full understanding of VAMC badge requirements specified within this document

ERGONOMIC WORKSTATION SERVICES NEEDS

The Selected Contractor(s) will be expected to provide the following basic requirements for ergonomic workstations services:

1. Workstation Setup Installation of all ergonomic equipment, wire management and hook up of all IT equipment to include monitors on monitors arms and all power cords plug into provide surge protector.

2. Disconnect Service Disconnect and Relocate of IT equipment to include inventory and storage as needed. Items to be stored on site and installed as space become available.

CODE OF CONDUCT

The following rules of conduct represent a minimum requirement for all employees, sub-contractors, agents, representative and management of the Selected Contractor(s). It is the responsibility of the Contractor(s) to ensure that each member of its workforce understands and complies with these rules.

1. Courteous and respectful behavior is expected at all times. Use of foul or derogatory language will not be allowed.

2. Meals and breaks will be taken at the same time by all movers in a designated break area. At no time will any mover eat or drink except within the designated break area. Use designated trash receptacles for cups and other garbage. Do not leave meal/break containers behind. throw them away.

3. The use of MEDAVAHCS’s telephones is forbidden. Exceptions will be made for medical emergencies with the approval of your supervisor and/or a representative of MEDVAMC.

4. Use of electronic devices belonging to MEDVAMC, such as radios or computers, is forbidden.

5. Security personnel are present in each of the buildings. Security has the authority to examine any item being removed from any building at any time.

6. Selected Contractor staff will wear company uniforms with ID at all times while on site. ID must be worn in a clearly visible and appropriate manner. All vendor staff will be required to adhere to AVAHCS’s sign-in and ID protocols.

7. Keep personal belongings together in the area designated by your supervisor. The AVAHCS’s representatives have the right to inspect at will all bags and/or packages brought on or off any VAMC grounds.

AVAMC CONTRACTOR BADGES

The Contractor(s) staff is required to have a VA Contractor identification badge issued to each member of the Moving Crew. A VA Contractor Badge Application will be provided to Selected Contractor after contract awarded. This will need to be completed before Contractor staff arrives on site to Security Office. Badges are to be worn at all times while on the premises of the Atlanta VAHCS and Outpatient Clinics. Badges will be placed in a visible location, above the waist, clipped to the front of apparel with photo and name clearly visible. Contractor ID badges will be turned in to the assigned VAMC representative (COR) on duty when the contract has expired. The COR will then forward the badges to the VA Police Service within (5) working days.

Contractor must ensure that the following Identification Requirements are followed by each staff member applying for a VA Contractor Badge at the Security Station on campus:

1. Must provide (1) photography ID consisting of either a current Driver’s License, Military ID, U.S. Passport, Student ID which includes a Social Security number (will not except any expired IDs)

2. Must provide either an original Social Security card or Birth Certificate (a copy will not be accepted) If both valid ID requirements are not present at time of badge processing, the incompliant Contractor staff will not be able to work on Atlanta VAHCS premises.

The Selected Contractor(s) will be required to complete the VA Identification and Privacy Awareness Training (outlined below) a day prior to scheduled work at the Atlanta VAMC.

VA PRIVACY AWARENESS TRAINING

The following procedure for obtaining the required VA Privacy Awareness Training is a mandatory requirement for all employees, sub-contractors, agents, representative and management of the Contractor(s). It is the responsibility of the Contractor(s) to ensure that each member of the Moving Crew understands and complies with the training during the VA Contractor Badge issue process. As all Moving Crew staff process in with Security staff (obtain contractor badges), the facility Privacy Officer will provide VA Privacy Awareness Training Literature and a concise education presentation to certify all Contractor staff is compliant with require Privacy Training. All Moving Crew staff working at the Atlanta VAHCS must provide signatures with facility Privacy Officer confirming their completion of Privacy Training at time of presentation. Any non-compliant Contractor staff will be escorted from job site.

DELIVERY AND PICKUP LOCATIONS FOR ATLANTA VA HEALTH CARE SYSTEM:

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

Invoicing

1. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10 (https://portal.tungsten-network.com/).

2. A properly prepared invoice will contain:

a) Invoice Number and Date

b) Contractor’s Name and Address

c) Accurate Purchase Order Number

d) Supply or Service provided

e) Total Amount Due

Security

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY CHECKLIST:

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

• Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

• There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services.

Minimum Statutory Requirements

Prohibition on unauthorized disclosure: 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). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification

Upon discovery 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, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a

Requirement to pay liquidated damages in the event of a data breach.

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.

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.

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.

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:

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 (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d).

VA INFORMATION SYSTEM SECURITY/PRIVACY CLAUSE

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND PRIVACY CHECKLIST:

“The C&A requirements do not apply, and a Security Accreditation Package is not required. “Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor. There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services.

Minimum Statutory Requirements

Prohibition on unauthorized disclosure: 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). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification: Upon discovery 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, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a Requirement to pay liquidated damages in the event of a data breach: 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.

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.

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.

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 (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d).

INVOICES

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10.

A properly prepared invoice will contain:

Invoice Number and Date Contractor’s Name and Address Accurate Purchase Order Number Supply or Service provided Total amount due

Non-personal Services Contract

No employer-employee relationship is created by an agency’s use of private sector contractor-employees under these regulations. Services furnished by contractor-employees shall be performed by their employees who shall not be considered or treated as Federal employees for any purpose, shall not be regarded as performing a personal service, and shall not be eligible for civil service employee benefits, including retirement. Further, to avoid creating any appearance of such a relationship, agencies shall observe the following requirements:

48 CFR 28.307-2 Liability

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

(End of Clause)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

WORKLOAD [SERVICE]

Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025

TRIP CHARGE (LOCAL) [SERVICE]

TRIP CHARGE (NON-LOCAL) [SERVICE]

ERGONOMIC WORKSTATION SETUP (EWS) [SERVICE]

ERGONOMIC WORKSTATION DISCONNECTION (EWD) [SERVICE]

WORKLOAD [SERVICE]

Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026

TRIP CHARGE (LOCAL) [SERVICE]

TRIP CHARGE (NON-LOCAL) [SERVICE]

ERGONOMIC WORKSTATION SETUP (EWS) [SERVICE]

ERGONOMIC WORKSTATION DISCONNECTION (EWD) [SERVICE]

POP Begin: 04-1-2025 POP End: 03-31-2026

WORKLOAD [SERVICE]

Contract Period: Option 2

TRIP CHARGE (LOCAL) [SERVICE]

TRIP CHARGE (NON-LOCAL) [SERVICE]

ERGONOMIC WORKSTATION SETUP (EWS) [SERVICE]

ERGONOMIC WORKSTATION DISCONNECTION (EWD) [SERVICE]

WORKLOAD [SERVICE]

Contract Period: Option 3 POP Begin: 05-01-2026 POP End: 04-30-2027

TRIP CHARGE (LOCAL) [SERVICE]

TRIP CHARGE (NON-LOCAL) [SERVICE]

POP Begin: 05-01-2027

ERGONOMIC WORKSTATION SETUP (EWS) [SERVICE]

ERGONOMIC WORKSTATION DISCONNECTION (EWD) [SERVICE]

WORKLOAD [SERVICE]

Contract Period: Option 4

POP End: 04-30-2028

TRIP CHARGE (LOCAL) [SERVICE]

TRIP CHARGE (NON-LOCAL) [SERVICE]

ERGONOMIC WORKSTATION SETUP (EWS) [SERVICE]

ERGONOMIC WORKSTATION DISCONNECTION (EWD) [SERVICE]

B.4 DELIVERY SCHEDULE

Kenneth A. Scott Interior Designer Atlanta VA Healthcare System 1670 Clairmont Road Decatur, GA 30033 404.321.6111x203142

404.539.3891 cell

3,840.00

172.00

86.00

150.00

150.00

3,840.00

172.00

86.00

150.00

150.00

3,840.00

172.00

86.00

150.00

150.00

3,840.00

172.00

86.00

150.00

150.00

3,840.00

172.00

86.00

150.00

150.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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…