36C24725Q0098_1.pdf

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

36C24725Q0098 12-19-2024

Matthew Durden Matthew.durden@va.gov 01-03-2024

23:00 EST

36C247

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

X 100

X

624229

$19 Million

Net 30

N/A

36C619

Department of Veterans Affairs

Central Alabama VA Healthcare System

Mental Health Service

215 Perry Hill Road

Montgomery AL 36083-5001

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

TRANSITIONAL HOUSING

Five Year ID/IQ Contract: 07/01/2025 - 06/30/2030

See Price/Cost Schedule.

The guaranteed minimum under this contract is $5,000.00 for the initial fiscal year in which this contract was awarded.

The contract's stated maximum or ceiling is $2,000,000.00.

Individual Task Orders will be issued each year of performance. The current wage determination will be at the

Task Order level.

*Auburn, Tuskegee Alabama Area*

See CONTINUATION Page

X X

X ONE

Matthew K. Durden

Contracting Officer

36C24725Q0098

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

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

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 Matthew K. Durden

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:

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

Addendum to VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

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

✓ Invoice Number and Date

✓ Contractor’s Name and Address

✓ Accurate Purchase Order Number

✓ Supply or Service provided

✓ Period Supply or Service Provided

✓ Total Amount Due

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

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

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

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

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

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

DESCRIPTION

OF SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12 MO __________________ __________________

Residential housing. The veterans accepted for this program will be provided a home like environment.

See PWS.

Property One, All Male Pricing Period One POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services PRODUCT/SERVICE CODE: G004 - Social - Social Rehabilitation will be provided a home like environment.

See PWS.

Property Two, All Male Pricing Period One POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property Three, All Female Pricing Period One POP Begin: 07-01-2025

POP End: 06-30-2026 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property One, All Male Pricing Period Two POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property Two, All Male Pricing Period Two POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property Three, All Female Pricing Period Two POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property One, All Male Pricing Period Three POP Begin: 07-01-2027 POP End: 06-30-2028

PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property Two, All Male Pricing Period Three POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property Three, All Female Pricing Period Three POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property One, All Male Pricing Period Four POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services

12 MO _________________ __________________

will be provided a home like environment.

See PWS.

Property Two, All Male Pricing Period Four POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 624229 - Other Community

Housing Services will be provided a home like environment.

See PWS.

Property Three, All Female Pricing Period Four POP Begin: 07-01-2028 POP End: 06-30-2029 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property One, All Male Pricing Period Five POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

See PWS.

Property Two, All Male Pricing Period Five POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services will be provided a home like environment.

Property Three, All Female Pricing Period Five POP Begin: 07-01-2029 POP End: 06-30-2030 PRINCIPAL NAICS CODE: 624229 - Other Community Housing Services

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM SHIPPING INFORMATION QUANTITY DELIVERY DATE

1001-

SHIP TO: Department of Veterans Affairs Central Alabama VA Healthcare System 215 Perry Hill Rd Montgomery, AL 36109 United States

As Needed.

See Above

MARK FOR: Timothy Holloway

(334) 725-3164 timothy.holloway@va.gov

B.4 PERFORMANCE WORK STATEMENT

TRANSITIONAL RESIDENTIAL HOUSING

Department of Veteran Affairs

Central Alabama Veterans Health Care System (CAVHCS)

1. General Responsibilities:

The contractor service will be furnished to the Department of Veterans Affairs (VA), Central Alabama Veterans Health Care System (CAVHCS) and will be utilized for Veterans who are homeless with a substance abuse and/or other mental health diagnosis.

2. Place of Performance:

Performance will be located within one (1) mile of shopping and bus stop. The homes must be in a 30 miles radius of Auburn, Tuskegee, or Montgomery. All three units must be located within one of these three cities. Housing must be located in an area to include two secured parking next to the unit and not off-site. Housing must be deemed safe and secure and not be located in a high crime area, as determined by the Central Alabama Veteran Health Care System VA Security Office. Prior to award, the Central Alabama Veteran Health Care System Security Office will inspect the housing facility proposed in the lowest priced quote, utilize information obtained from the local County Sheriff’s Office in that area, and provide a detailed report. Additionally, the VA reserves the right to conduct a site visit of the proposed housing to verify the facility meets the requirements of this performance work statement, prior to any award being made.

3. Background:

The objective of this project is to provide affordable and safe housing for Veterans participating in the Transitional Residential Program at the Central Alabama Veterans Health Care System located in Tuskegee, Alabama.

4. General Requirements:

a. Housing - The contractor shall provide unfurnished housing of at least 1200 square feet with a common area and kitchen. The homes will include three bedrooms that are a minimum of 9’ft by 9’ft and two bathrooms one of which that is compliant with the Americans with Disabilities Act (ADA). Amenities will include washer/dryer in the unit. Cleaning services that include carpet and appliance cleaning will be provided by the contractor twice a year.

b. Quality and Location of Offered Space - The Space shall be located in a modern quality building of sound and substantial construction with a facade of stone, marble, brick, stainless steel, aluminum or other permanent materials in good condition and acceptable to the Contracting Officer (CO). If not a new building, the space offered shall be in a building that has undergone, or will complete by occupancy, modernization or adaptive reuse for the space with modern conveniences. Streets and public sidewalks shall be well maintained. A circuitous route through an unsightly neighborhood is undesirable.

c. Local Amenities - A variety of inexpensive or moderately priced fast-food and/or eat-in restaurants, retail shops, cleaners, and banks, shall be located within the immediate vicinity of the building, but generally not exceeding a one-mile radius.

(Amenities must be existing, or the offeror must demonstrate to the Government’s reasonable satisfaction that such amenities will exist by the Government’s required occupancy date.)

5. Housing Unit Requirements:

a. Housing shall comply with all city, county and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located.

b. At least one house should comply with the American with Disabilities Act (ADA).

c. Housing shall be unfurnished and include a living room, dining area, kitchen, bedrooms, and bathrooms. The bathrooms will include bathtub, working shower, and sink with vanity. Additionally, each unit shall be designated for same gender occupants, include a separate bedroom and separate bathroom for each occupant.

The bedrooms shall have enough space to fit a twin bed and other furnishings to include a dresser, desk, chair, end table, etc. The kitchen will be fully equipped with a sink, full-sized refrigerator/freezer, microwave oven, and stove top oven.

d. The unfurnished unit shall include contractor provided utilities to include electricity, gas, water, sewer, garbage removal, telephone service, to include high speed Wi-Fi, and cable to include sports channels plus a cable box for one TV. Cable television service must have the ability to remove or block ‘pay per view’ shows.

e. All units shall be non-smoking. As these units are contracted by the CAVHCS and are non-smoking units, smoking will not be permitted in these units. Anyone found doing so would be barred from the VA’s Transitional Residential Program. The Offeror will provide a ‘designated smoking area’ with proper signage. No illegal use of liquor, drugs, or disrupted behavior will be tolerated in these units at any time, as they are contracted by the CAVHCS; anyone found doing so will be asked to leave and will be barred from the Transitional Residential Program a designated CAVHCS employee.

f. Cleaning Services will be provided by the contractor at least twice a year.

g. Telephone Service Requirements: The contractor shall provide local area, touch-tone telephone service (no deposit required) for each unit. The telephone service must be capable of long- distance phone calls. One telephone will be provided for the common area.

h. The unit will have working air conditioner and heating with a working thermostat which can be adjusted by the occupant.

i. Any windows in the apartment will have curtains or blinds that can be open and shut.

j. No pets will be on allowed on this contract.

k. The apartment will be free of bugs, roaches and files and any other insects. If present, the offeror will provide pest control for a pest free unit.

l. All carpet must be clean and free of damage from ground in stains, tears, animal stains, fleas, excessive dirt or subfloor damage

6. Housing Reservations:

a. Housing reservations, occupancy, and monthly invoicing will be on the following basis:

(1) The Contractor shall allow contracted housing to be occupied only by specific individuals referred by Transitional Residential Program Coordinator or designee of the CAVHCS. The contractor should advise the Transitional Residential Program Coordinator and/or COR if it appears unauthorized individuals are living in the unit.

(2) Emergency Repair Services shall be provided twenty-four (24) hours per day, seven (7) days a week, 365 days a year. The contractor shall provide an emergency contact number for required repairs.

(3) Apartment shall be equipped with operational air conditioning /heating systems. In the event these systems are not operational for any reason, it is expected the contractor have the system repaired and operational within 24 hours. In addition, during extreme weather conditions if air conditioning or heating system cannot be repaired in 24 hours alternate accommodations must be arranged.

(4) Routine Repairs services shall be responded to within 48 hours. If the repairs cannot be made the same day, the occupant will be advised what is needed to complete the repair and a proposed timeline. Repairs should be completed within 30 days of notification.

(5) The contractor should coordinate access to the unit with the occupants of the unit, unless an emergency exists.

7. Occupant Emergencies:

In the event a VA referred occupant is in an emergency situation they shall contact Transitional Residential Program Coordinator or designee at the VA of the situation.

8. General Building Requirements and Specifications:

a. Fire Safety:

(1) Buildings in which space is offered shall be evaluated in accordance with latest editions of the:

a. The standards of the Life Safety Code (National Fire Protection Association (NFPA) #101);

b. The fire and safety code imposed by the State Law; and

c. City, State, and Federal requirements concerning licensing and health codes

(2) Equipment, services, or utilities furnished, and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the contractor shall promptly correct hazards.

(3) Maintenance of VA-owned fire extinguishers shall be provided by the VA.

a. As required by code, smoke detectors/alarms shall be installed in each room, office, storage area, hallways and other common areas.

(4) Miscellaneous: No activity to the building and/or grounds that would cause an increase in dust, dirt or spores to be airborne (i.e., renovation to the building, movement of earth on the grounds) shall take place without the contractor’s written notification to the VA at least seven (7) calendar days in advance of the event.

(5) Inspection: The Government reserves the right, at any time before and after contract award and during the term of the contract, to inspect the housing and all other areas of the complex access to which is necessary to ensure a safe and healthy environment for the VA referred occupants.

9. Reports:

(1) Contractor shall provide to the Contracting Officer’s Representative (COR) monthly reports on any specific issues/problems for that month along with their solutions to correct these issues.

(2) Contractor shall provide to the COR quarterly activity reports, with the following information:

• Number of complaints regarding non-working appliances and/or utilities in the housing units.

10. Customer Service:

The Contractor shall provide all complaints noted by the Transitional Residential Program Coordinator or designated VA employee.

11. Performance and Quality Standards:

ID

Performance Standard

Quality Standard

Method of Surveillance

Incentives

1 The Contractor shall meet the General Requirement of the Performance Work Statement

(PWS)

Contractor must meet the requirements as outlined in the PWS 98% of the time

Transitional Residential Program Coordinator or designated VA employee and Direct Observation by COR

• Incentives: Payment equal to correctly provided services in accordance with the

PWS

• Disincentive:

Unfavorable contractor performance evaluation

• Repeated violation may result in termination of services

2 Personnel The contractor shall employ sufficient personnel to carry out the policies, responsibilities, and the program for the facility as

Transitional Residential Program Coordinator or designated VA employee and Direct Observation by COR

• Incentives: Payment equal to correctly provided services in accordance with the

PWS

• Disincentive:

Unfavorable Contractor Performance Evaluation outlined in the PWS 98% of the time

• Continued insufficient staffing may result in contract termination

3 Incident Reporting

Contractor shall provide incident reporting as outlined in Paragraphs 8, 10, and 11 of the PWS 95% of the time

Transitional Residential Program Coordinator or designated VA employee and Direct Observation by COR

• Incentives: Payment equal to correctly provided services in accordance with the

PWS

• Disincentive:

Unfavorable Contractor Performance Evaluation

• Results reported during quarterly QA meetings

4 Contractor Facility

Contractor shall provide facilities as outlined in Paragraphs 4, 6, and 9 of the PWS 98% of the time

Transitional Residential Program Coordinator or designated VA employee and Direct Observation by COR

• Incentives: Payment equal to correctly provided services in accordance with the

PWS

• Disincentive:

Unfavorable Contractor Performance Evaluation

• Repeated violation may result in termination of services

5 Inspection/ Acceptance

Contractor shall perform services as outlined in Paragraph 6 of the PWS 98% of the time

Transitional Residential Program Coordinator or designated VA employee and Direct Observation by COR

• Incentives: Payment equal to correctly provided services in accordance with the

PWS

• Disincentive:

Unfavorable Contractor Performance Evaluation

• Results reported during quarterly QA meetings

• Repeated violation may result in termination of services

6 Non-availability of Housing units on date of veteran check-in

All Housing units will be available for occupancy on date of check-in as outlined in Paragraph 6 of the PWS 100% of the time

Transitional Residential Program Coordinator or designated VA employee and Direct Observation by COR

• Incentives: Payment equal to correctly provided services in accordance with the

PWS

• Disincentive:

- Contractor pays for individual(s) to stay at a fully furnished hotel with kitchenette

- Unfavorable Contractor Performance Evaluation

• Results reported during quarterly QA meetings

• Repeated violation may result in termination of services

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 Government at the destination specified in the contract, if transportation is f.o.b. destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 07/01/2025 through 06/30/2030.

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

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

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

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $1.5 Million;

(2) Any order for a combination of items in excess of $2 Million; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 06/30/2030.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

Evaluations of Options: For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-

8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise.

This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.”

(End of Clause)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business

Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

https://veterans.certify.sba.gov/

(b) General. In order for a concern to submit an offer and be eligible for the award of an

SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR

128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the

SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified

SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the

SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or

852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB…