36C24923R0157.RRR.Rev.pdf

Patient Transplant Medical Lodging Services – See attached.

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

626-24-2-2520-0004

36C24923R0157 11-13-2023

Michael Edwards 615-873-8503 12-12-2023

09:00AM CST

Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400

Murfreesboro TN 37129

X 100

X

721110

$40 Million

N/A

X

Department of Veterans Affairs

Tennessee Valley Healthcare System

1310 24th Ave S, Nashville TN 37212

90C

Network Contracting Office 9

Department of Veterans Affairs

Network Contracting Office (90C)

1639 Medical Center Parkway Suite 400

Murfreesboro TN 37129

90C

FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

Setup 1-877-489-6135

See CONTINUATION Page

The contractor shall provide 450 fully furnished hotel or motel suites/kitchenettes per week. The following is the daily room estimate: Sunday 90 rooms, Monday 85 rooms, Tuesday 75 rooms, Wednesday 65 rooms, Thursday 45 rooms, Friday 45 rooms, Saturday 45 rooms. The Transplant Patient stay could be one to three months or greater, at the

Tennessee Valley Healthcare System Medical Center (TVHS).

Base : 02/01/2024 - 01/31/2025

Option 1: 02/01/2025 - 01/31/2026

Option 2: 02/01/2026 - 01/31/2027

Option 3: 02/01/2027 - 01/31/2028

Option 4: 02/01/2028 - 01/31/2029

Wage Determinations 1996-0321 Rev. 52 dated 09/07/2023.

are attached.

This requirement is a small business set-aside.

See CONTINUATION Page x X

X 1

36C24923R0157

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT (PWS)

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (AUG 2020)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 28

C.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.13 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 35

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 PAST PERFORMANCE QUESTIONNAIRE

D.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

SERVICES (NOV 2021)

Factor 1: Technical Capability

Factor 2: Past Performance

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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 36C249

Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400

Murfreesboro TN 37129

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 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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4,680.00 EA __________________ __________________

Contractor to provide Hotel Suites Kitchenettes for Sunday 90 Rooms x 52 2eeks = 4,680 Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment:

Lodging, Hotel/Motel

4,420.00 EA __________________ __________________

Contractor to provide hotel suites kitchenettes for Monday 85 rooms x 52 weeks = 4,420 Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

3,900.00 EA __________________ __________________

for Tuesday 75 rooms x 52 weeks = 3,900 Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025

3,380.00 EA __________________ __________________

for Wednesday 85 rooms x 52 weeks = 3,380 Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

2,340.00 EA __________________ __________________

for Thursday 45 rooms x 52 weeks = 2,340 Contract Period: Base POP Begin: 02-01-2024

POP End: 01-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Friday 45 rooms x 52 weeks = 2,340.00 Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

Contractor to pride hotel suites kitchenettes for Saturday 45 rooms x 52 weeks = 2,340 Contract Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Sunday 90 Rooms x 52 2eeks = 4,680 Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Monday 85 rooms x 52 weeks = 4,420 Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Tuesday 75 rooms x 52 weeks = 3,900 Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 for Wednesday 85 rooms x 52 weeks = 3,380 Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Thursday 45 rooms x 52 weeks = 2,340 Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Friday 45 rooms x 52 weeks = 2,340.00 Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Saturday 45 rooms x 52 weeks = 2,340 Contract Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Sunday 90 Rooms x 52 2eeks = 4,680 Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Monday 85 rooms x 52 weeks = 4,420 Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Tuesday 75 rooms x 52 weeks = 3,900 Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 for Wednesday 85 rooms x 52 weeks = 3,380 Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Thursday 45 rooms x 52 weeks = 2,340 Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027

PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Friday 45 rooms x 52 weeks = 2,340.00 Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Saturday 45 rooms x 52 weeks = 2,340 Contract Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Sunday 90 Rooms x 52 2eeks = 4,680 Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Monday 85 rooms x 52 weeks = 4,420 Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Tuesday 75 rooms x 52 weeks = 3,900 Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 for Wednesday 85 rooms x 52 weeks = 3,380 Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Thursday 45 rooms x 52 weeks = 2,340 Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Friday 45 rooms x 52 weeks = 2,340.00 Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Saturday 45 rooms x 52 weeks = 2,340 Contract Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Sunday 90 Rooms x 52 2eeks = 4,680 Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Monday 85 rooms x 52 weeks = 4,420 Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Tuesday 75 rooms x 52 weeks = 3,900 Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029 for Wednesday 85 rooms x 52 weeks = 3,380 Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Thursday 45 rooms x 52 weeks = 2,340 Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029

PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Friday 45 rooms x 52 weeks = 2,340.00 Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

for Saturday 45 rooms x 52 weeks = 2,340 Contract Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 721110 - Hotels (except Casino Hotels) and Motels

PRODUCT/SERVICE CODE: V231 -

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT (PWS)

B.1 DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

The U.S. Department of Veterans Affairs requires the use of 450 furnished hotel or motel suites/kitchenettes per week. Due to the complexities of the Transplant veteran and the seriousness of their illnesses, the rooms offered shall be within a 15-minute driving time (in traffic) of the VA Medical Center, 1310 24th Ave. S, Nashville, TN 37212. A kitchenette is defined as being a furnished room or motel room that (at a minimum) includes a microwave/convection oven duo, refrigerator, cookware, dishes, utensils, and a two-burner stovetop.

2.0 SCOPE

2.1 Contractor shall provide 450 fully furnished hotel or motel suites/kitchenettes per week. The following is the daily room estimate: Sunday 90 rooms, Monday 85 rooms, Tuesday 75 rooms, Wednesday 65 rooms, Thursday 45 rooms, Friday 45 rooms, Saturday 45 rooms. The lodging facility must block off this number of rooms per day per week. The fully furnished hotel/motel suites/kitchenettes will include Contractor provided utilities and other specified services. The hotel/motel suites/kitchenettes 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.

Rooms shall comply with the applicable NFPA 101, 2000, Chapter 29.

https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Codes-and-Standards

2.2 The Contractor shall hold the rooms until 4:00 pm Central Standard Time (CST) each day.

Contractor will hold two (2) emergency rooms for Transplant Service for the emergent occupants that are called in. Contractor will not bill VA for the Emergency Rooms when hotel is not fully occupied. All other rooms not reserved by the VA by 4:00 pm (CST) will be available for the

Contractor to place back in their inventory for sale and the VA will not be billed for the rooms not used.

2.3 Contractor shall provide a point of contact with name, phone number, and email address for submission of reservations and for invoice reconciliation. This person will serve as liaison between the VA hospital and the facility and have the authority to secure and provide confirmation numbers for each reserved room.

3.0 HOTEL REQUIREMENTS

3.1 Each unit shall have a minimum of 380 square feet of net usable space.

3.2 Each unit shall be single and double occupancy and handicap accessible per ADA standards for accessible design (standard), 28 C.F.R. pt. 36, Appendix A. Electronic

Code of Federal Regulations (eCFR) https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Codes-and-Standards https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=d34c1ddf246848d8f9285b682544a18f&ty=HTML&h=L&mc=true&n=pt28.1.36&r=PART#ap28.1.36.0000_0nbspnbspnbsp.a https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=d34c1ddf246848d8f9285b682544a18f&ty=HTML&h=L&mc=true&n=pt28.1.36&r=PART#ap28.1.36.0000_0nbspnbspnbsp.a

3.3 The motel/hotel shall have a coin operated clothes washer and dryer available for use by the room occupants.

3.4 Each room shall be on the ground floor or be elevator serviced. Access to rooms shall be from interior hallways that are accessed directly from the front desk/elevator lobby area.

There shall be no more than 4 steps up or down from parking areas to elevator lobby. The interior of the room shall not have any stairs. There shall be no physical barriers. Rooms shall be in a reasonably quiet or tranquil part of the hotel.

3.5 The rooms shall be smoke free. Contractor personnel shall not smoke in the rooms at any time whether VA referred occupants are present.

3.6 Contractor shall supply all utilities including heat, air conditioning, electricity, water and sewer, local telephone service, and basic television cable service.

3.7 Contractor shall provide under the authority of Public law 100-355 on-call transportation for the VA referred occupants from the Contractor's hotel/motel to the VA Medical Center and from the VA Medical Center to the hotel/motel.

Contractor shall also provide on-call transportation for the VA Transplant occupant, donor, and caregiver from Nashville International Airport (BNA) to the Contractor’s hotel/motel and from the Contractor’s hotel/motel to BNA. Contractor shall provide the on-call or published scheduled transportation service from 6:00 a.m. to 11:00 p.m. seven days per week. Contractor shall respond within thirty minutes if on-call transportation provided after being contacted by either the VA referred occupant or VA official to provide the described on-call transportation service to include all federal holidays. Federal holidays are identified as the following days:

New Year’s Day

Martin Luther King’s Birthday

President’s Day

Memorial Day

Juneteenth Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Contractor shall provide each morning between the hours of 6:00 am (CST) and 9:00 am (CST), a continental breakfast to the VA referred occupants. The breakfast meal may be self-served buffet service located in a common area of the hotel that will seat at least twenty (20) patrons. The contractor shall provide the necessary eating utensils, dishware, and serving ware for the breakfast meal. Contractor shall provide the following beverages and food for the breakfast meal.

Artisan-style breakfast sandwiches; pancakes/waffles; Coffee; tea; milk; fresh juice;

fresh fruit; bakery products; cold cereals; yogurt; eggs; hard boiled eggs; oatmeal;

bread varieties with assorted spreads; bakery products

3.7 In the event a VA referred occupant is in an emergency of any kind, the Contractor shall contact

911. In addition, the Contractor shall immediately contact the Contracting Officer’s

Representative (COR) or the VA Medical Center, Administrative Officer of the Day, 615-873-

7172 if the emergency occurs in other than normal business hours. The normal business hours are 8:00am – 4:30pm (CST).

3.8 Occupancy: The VA must be able to take occupancy of the rooms on the start of the period of performance. The rooms must be in full compliance with all requirements of the contract before the submission of offers.

3.9 Inspection: The VA will select to inspect rooms and indoor common areas such as hallways, elevators, etc. The VA will inspect air quality test every six months. Testing to be at expense of Contractor. The government reserves the right, at any time after the contract is signed and during the term of the contract, to inspect the premises and all other areas of the building access to which is necessary to ensure a safe and healthy environment for the Government tenants and the Contractor’s performance under this contract. A bi-annual unannounced inspection will be conducted by the government as a minimum.

3.10.0 Base line results of air quality testing must meet the following criteria or better:

Acceptable air sample test results are listed below:

• There shall be no visible signs of mold or moisture.

• There should be no evidence of Aspergillus Fumigatus or Stachbortrys in

150 liters per air sample x minimum of 12-15 random air samples.

3.11 Room Reservations will be on the following basis:

3.11.0 The Contractor shall allow the occupancy of the room covered by this contract only upon the specific individual referral by the Lodging Clerk or Program Support Clerk.

The VA will inform the Contractor of everyone’s name and the expected arrival time at the Contractor's motel/hotel.

3.11.1 The Contractor shall use its existing check in and check out times.

3.11.2 The COR will notify the Contractor when specific individuals will be checking out of the hotel/motel. If a VA referred occupant refuses to leave the room, the Contractor shall immediately notify the COR. Also, if a VA referred occupant checks out of the hotel/motel-without prior notice from the VA. Contractor shall immediately notify the COR or the VA Medical Center Administrator Officer of the day if the check-out occurs in other than normal business hours.

3.11 The Contractor shall submit an invoice for all Hotel Suites covered by this contract monthly in arrears. Invoices will be submitted on-line for payment. The COR will review the invoice within three days of receipt of the invoice to approval and accept. and respond to the

Contractor with a determination of acceptability.

3.12 Contract is not tax exempt; contractor is responsible for all taxes.

3.13 DAILY ROOM SERVICE: Daily room service shall be provided for each room on the following basis:

3.13.0 If a specific room was previously occupied the night before by the same VA referred occupant, the following daily room service shall be performed.

(1) Make up bed(s). Bed linens shall be changed every three (3) calendar days if the room is continuously occupied by the same VA referred occupant.

(2) Vacuum all carpeting daily.

(3) Clean the bathroom floor, vanity sink and mirror, commode, and bath/shower unit.

(4) Change all used bath linens with laundered bath linens.

(5) Empty wastepaper baskets.

(6) Replace toilet paper roll when three quarters consumed.

(7) Dust furniture

3.13.1 If the previous night's occupant is different from the VA referred occupant for the next night, the bed linens to include bedspread will be changed daily as the room occupants change.

4.0 GENERAL BUILDING REQUIREMENTS & SPECIFICATIONS

4.1 Heating and Cooling Requirements:

4.1.0 Each room shall have permanently installed, functioning cooling and heating system with thermostatic control. The heating system is required to maintain a temperature of 80 degrees F. The air conditioning system is required to maintain a temperature of 65 degrees F.

4.1.1 All cooling and heating devices and appliances, including but not limited to furnaces, fireplaces, electrical baseboard heaters and water heaters, shall be an approved type in good and safe working order and shall meet all installation and safety codes.

4.1.2 Contractor shall maintain all appliances and utility systems. This shall include the cleaning or replacement of air filters for both the heating system (providing the heating system is a forced hot air heating system) and for the cooling system every 30 calendar days.

4.2 Electrical and Lighting Requirements:

4.2.0 Every room shall be provided with not less than two electrical receptacle outlets and electric light fixtures in accordance with the Furniture and Accessories section of this solicitation.

4.2.1 Every toilet room, bathroom, laundry room, furnace room, public hallway, porch, and flight of stairs between stories shall contain at least one (1) supplied electric light fixture. Where an interior stairway or public hallway changes in direction, more than one (1) supplied electric light fixture is required.

4.2.2 All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order and shall meet all installation and safety codes.

4.3 Sanitation Requirements: All plumbing and sanitation fixtures facilities, equipment, must be in safe and sanitary condition, in good working order and meet all federal, state and local building codes.

4.4 Telephone Service Requirements:

4.4.0 Contractor shall provide local area, touch tone, telephone service for each room.

The telephone service shall be capable of long-distance telephone service when long distance calls are placed using a telephone calling card or other telephone charge method.

4.4.1 Contractor shall provide one telephone in each room.

4.4.2 Telephone service shall be equipped with voice messaging system or front desk message service.

4.5 Interior Space Requirements:

4.5.0 Ceilings shall be at least 8 feet and no more than 11 feet clear from floor to the lowest obstruction. Each room shall have acoustical treatment with a flame spread of "5" or less and smoke development rating of 50 of less.

4.5.1 Floor load shall be a minimum live load capacity of 60 pounds per square foot.

Storage areas shall have a minimum live load capacity of 150 pounds per square foot.

4.5.2 Floor shall be covered with vinyl floor covering or carpeting (vinyl asbestos floor tile shall not be used for new installations).

4.5.3 After an extended period of stay of thirty-day occupancy or more. The floor coverings shall be thoroughly cleaned prior to another VA occupancy. Existing floor and/or window covering, or carpet may be accepted providing the floor coverings are in good condition.

4.5.4 Exterior doors to rooms shall open into a climate-controlled hallway.

4.6 Fire Safety:

4.6.0 The contractor will submit its current written fire safety plan and will be submitted as part of the proposal.

4.6.1 Buildings in which space is offered shall be evaluated in accordance with latest editions of the National Fire Codes and Uniform Building Code.

List of NFPA Codes and Standards

4.6.2 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.

4.6.3 Maintenance of Contractor-owned fire extinguishers shall be provided by the

Contractor in, accordance with NFPA Standard No: 101.

NFPA 101®: Life Safety Code®

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

4.6.5 Facility must meet NFPA Life Safety regulations on egress, fire, and smoke protective systems applicable to the Occupancy type.

NFPA 101®: Life Safety Code®

4.7 Asbestos- No asbestos containing fireproofing or insulation on building structures, acoustical treatment, molded or wet-applied ceiling or wall finishes/decorations, will be permitted.

4.8 Wheelchair Accessibility: Common areas such as hallways and laundry room shall provide for accessible path of travel for wheelchairs.

4.9 Elevators: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard A171 and Al71a Safety Code for Elevators, (ASME A17.1-2019: Safety Code for Elevators and Escalators -https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=101 https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=101 https://blog.ansi.org/2020/02/asme-a17-1-2019-safety-code-elevator-csa-b44/

ANSI Blog) except for elevator emergency recall and shall be inspected and maintained in accordance with American National Standard A17.1, Inspector's Manual for Elevators, or equivalent local code. The elevators shall also comply with local codes and ordinances.

4.10 The hotel is to have a written interior moisture prevention and water intrusion event management program that includes aggressive drying using mold remediation industry standard type dehumidifiers, fans, and drying methods. This plan and process must be provided to the VA as part of the proposal and put in place within 24 hours of awareness of a water intrusion event occurring. The VA COR will be notified immediately if more than 50 square feet of building surface or carpet in impacted by a water intrusion/leak event. Once notification of water intrusion event, TVHS Inspection team will perform visual inspection with 24 hours. 96 hours later the same TVHS

Inspection team will reevaluate, ensuring that the clean-up process was completed and that no additional testing is required.

KEY Components of a written preventative maintenance Water-Mold Management

Plan to prevent mold from colonizing the interior of a building by eliminating or limit the conditions that foster mold establishment and growth should include but not be limited to the following:

a. Immediately visual inspection of occurring water issues. Rapid drying using commercial grade moisture meters, dehumidifiers, and water extraction and drying equipment.

b. Quick and effective response to water intrusion to prevent or greatly reduce fungal growth and occupant exposure to mold and other bioaerosols. Must be dry ~15% moisture within 48 hours of the leak event to satisfactorily prevent colonizing mold growth.

c. Recognize, examine, and dry the “hidden places” (below carpet pad, wall interiors etc.) where moisture and mold can occur.

d. Fix leaks to plumbing or building envelope as soon as possible taking emergency steps to temporarily slow or stop water intrusion.

e. Prevent moisture condensation by lowering the relative humidity in the inside air or by increasing surface temperatures where condensation is occurring.

f. Avoid as much as possible covering walls with vinyl wall covering especially on cold temperature impacted walls.

g. Vent moisture generating equipment such as in laundry or kitchen areas outside.

h. Maintain indoor humidity below 60% (30%-50% is ideal).

https://blog.ansi.org/2020/02/asme-a17-1-2019-safety-code-elevator-csa-b44/

i. Steps to prevent foundations/basements or crawl spaces remaining wet.

4.10.1 The VA reserves to right at its expense to periodically sample for elevated levels of airborne hydrophilic mold looking especially for molds associated with known or suspected water intrusion events.

4.10.2 The VA reserves the right to do a visual assessment of environmental and safety conditions at the hotel on a quarterly basis or at the time of a reported water intrusion event or other safety event impacting VA occupants.

4.10.3 Elevated numbers of indoor hydrophilic mold associated with water intrusion events (equal to or greater than what is found outside from the water intrusion event area and/or in chosen non-water intrusion event rooms would be grounds for further occupant protective action.

4.10.4 Once awarded the contractor is to perform a baseline testing to demonstrate that the facility does not have a history of water intrusion events. The hotel should contract with a Certified Industrial Hygienist with mold sampling experience, to assess the levels and species of mold contamination present. Elevated numbers of hydrophilic mold (equal to or greater than what is found outside) from a minimum of 10 randomly chosen rooms would indicate that IAQ levels may not be satisfactory to properly protect occupants and that a history of water intrusion may have occurred. In the event of a catastrophic water event, facility or COR will coordinate with Contractor to move patients to clinically acceptable areas within the facility. If the entire building is deemed inhabitable, a new location meeting all the requirements must be provided at the expense of the contractor.

4.10.5 The attached inspection form will be used by the VA inspection group to determine if there are any indications of water intrusion events that would necessitate further inspection, air testing and possible occupant protection action. (Attachment A)

4.10.6 The VA inspection team will use the attached Check list (Attachment B) in doing quarterly visual inspections as a documentation process.

Inspection team will Include:

Contracting Officer Representative (COR)

Infectious Control

Environment of Care Staff Member

Industrial Hygienist

Safety Officer

4.11 Miscellaneous:

4.11.0 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.

4.11.1 If the building is partially or totally destroyed or damaged by fire or other casualty so that the space is untenantable as determined by the Government, the government may terminate the contract for convenience as per FAR

52.249-1.

4.11.2 The Contractor shall maintain the premises, including the building and all equipment, fixtures, and appurtenances furnished by the Contractor under this contract, in good repair and tenantable condition.

4.11.3 Contractor will ensure that the facility is free of bugs and pests and provide to the

Government monthly a copy of the pest control inspection conducted.

5.0 DELIVERABLES

5.1 FURNITURE AND ACCESSORIES:

5.1.0 Each room shall comply with the following general room requirements:

(1) Floor covering: All type of floor coverings shall be clean; free of stains; odor-free; and free of cracks or tears. Shag style carpets used as floor covering shall be 1/2" or less in length.

(2) Each room shall have lighting fixtures. All overhead lights shall be controlled by wall switches. All light bulbs shall have either a shade or globe except for decorator type bulbs.

(3) All windows shall be able to be secured in a closed position. The windows shall be effectively weather-stripped, and the window lights shall be free of cracks and shall be tightly fitted in the window frame.

(4) All windows shall have window treatments consisting of shades, blinds, or drapes.

The window treatments shall be substantial enough to prevent viewing into the room from outside of the room. In addition, the window treatments shall be capable of substantially darkening the room during daylight hours.

Each room’s exterior door shall be secured with snap lock and dead bolt lock. In addition, exterior doors shall have an exterior light, peep hole fitted with 175 degree viewing lens.

5.1.1 Each room's bathroom shall have the following: combination tub/shower with support rails; commode; vanity; mirror above vanity; overhead light; exhaust fan which exhausts to outside air; GFI protected electrical outlets; solid floor covering, ceramic tile, composition vinyl tile, or solid vinyl sheet.

5.1.2 Each room shall have a coffee maker and a supply of coffee/tea and associated condiments shall be provided daily.

5.1.3 General Furniture Package

(1) All furniture shall be in good general condition; shall be clean; free of stains and odors; and have no tears or rips in the fabric coverings and shall not be covered by pull on slip covers. Non-upholstered furniture surfaces shall be free of scratches, broken surfaces, splinters, free of stains, and clean. Each room shall have the following furnishings:

Table and two chairs

1 each upholstered chair

2 each bedside lamps (1 between 2 beds if industry standard)

1 each color television with remote control

1 each dresser and mirror

2 each double sized or larger beds with headboard

2 each nightstand (1 between 2 beds if industry standard) 1 each clock radio with alarm

Pullout couch

1 each double size or larger mattress and box springs per bed

(2) Each double size or larger bed shall be supplied with the following bed linens which will be freshly cleaned, free of stains, odors, tears, and in good condition.

2 each standard fiberfill pillows

2 each pillowcase

1 each flat sheet

1 each fitted sheet

2 each thermal blankets

1 each bedspread

1 quilted mattress pad

5.1.4 Bath

1 each skid resistant mat or equivalent for tub

4 each bath towels (25" X 48")

4 each hand towels (18" X 30")

4 each washcloth (12" X 12")

1 each shower liner

1 set of shower hooks

1 each plastic waste basket 7 qt. Capacity)

1 each bathroom mat (20" X 30")

1 each-shower curtain Safety handlebars in shower/tub for gripping

6.0 TRANSPORTATION: .

6.1.1 Transportation- Offeror shall provide on-call transportation for the referred Veteran from the contractor's hotel rooms to the

VA Medical Center and/or from the VA Medical Center to the hotel from 6:00 a.m. to 11:00 p.m.(CST) seven days per week.

Contractor shall respond within thirty minutes of being contacted by either the referred Veteran, after-hours Administrative Officer of the Day, or the VA COR to provide on-call transportation service to include all federal holidays.

ATTACHMENT A

VA Tennessee Valley Healthcare System

Hotel Inspection Environmental Health and Water Intrusion Check List *

Inspection Performed By: Yes No NA

Potential Water Intrusion Evidence

1 Leaks and/or cracks around windows and doors (check corners of the frames both interior and exterior)

2 Evident of Peeling paint on windows and door frames

3 Discoloration in paint around doors and windows due to rust, water stains etc.?

4 Are there Cracked or deteriorated caulking around the windows or door frames?

5 Cracks or holes in the external walls and foundation that could allow outside water into or under the building?

6 Does outside surface drain away from or toward the building?

7 Are there water Stained ceilings or missing tiles or walls or ceiling with cracks?

8 Is Vinyl wallpaper on exterior walls or where air conditions units would blow chill air on the vinyl?

19 Any evidence of water staining on carpet around the impression of furniture

10 Are there Penetrations (holes) on the walls, floors, or ceilings?

11 Any evidence of wet carpet, walls, floors, ceiling > 15% moisture?

VA Tennessee Valley Healthcare System

Hotel Inspection Environmental Health and Water Intrusion Check List *

Inspection Performed By: Yes No NA

12 Does facility Low sloping or flat roof without proper drainage

13 Is there any missing shingles or other evidence of damage to roof?

14 Check for termite- damaged materials such as wood materials that could expose the exterior and can lead to moisture intrusion

15 Check air conditioning units within or next to exterior walls for evidence of moisture intrusion issue

16 Is there water on the exhaust and supply vents or evidence of past elevated moisture issues such as rust?

17 Is there any evidence of leaking pipes or faucets in rooms/ common areas?

18 Is there evidence of plumbing drainage or overflow issues?

19 Is there obvious sanitation or insect issues?

20 Were and musty or mold related odors detected?

21 Were any public safety issues noted?

*To be completed Quarterly

SECTION C - CONTRACT CLAUSES

C.1 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 February 1, 2023 through January 31, 2028.

(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.2 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 $348, 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 $870;

(2) Any order for a combination of items in excess of $3,723 600.00; or

(3) A series of orders from the same ordering office within 365 calendar 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 365 calendar 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.3 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 January 31, 2028.

(End of Clause)

C.4 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 before the contract expires.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of Clause)

C.6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV

2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of Clause)

C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification

System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in

19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts

19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in

8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the

Contractor agrees that in performance of a contract assigned a North American Industry

Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials,…