36C24924Q0001.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

36C24924Q0001 08-07-2023

Angela Freel 615-225-4512 08-14-2023 4pm CDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

X

Y

541930

N/A

Department of Veterans Affairs

NCO - 9

3400 Lebanon Pike

Murfreesboro TN 37129

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

To provide certified interpreters for deaf employees, patients and family members at Lt. Col Luke Weathers, Jr.

VA Medical Center in Memphis TN and Community-Based Outpatient Clinics (CBOCs).

See CONTINUATION Page

Funding will be completed at the time of the award.

X 1

Angela Freel Contracting Officer

36C24924Q0001

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE SCHEDULE

B.2 PERFORMANCE WORK STATEMENT

B.3 PERFORMANCE AND QUALITY STANDARDS

B.4 TERMS AND CONDITIONS

B.5 ADMINISTRATIVE DATA

B.6 NONPERSONAL SERVICES

B.7 AUTHORIZED LIMITS

B.8 OBLIGATION OF FUNDS

B.9 PERIOD OF PERFORMANCE

B.10 FEDERAL HOLIDAYS

B.11 PROHIBIT ACTIVITIES

B.12 PRECEDENCE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.4 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.5 52.216-18 ORDERING (AUG 2020)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...25

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

200.00 HR ___________ ________________

Sign Language Interpretation Services

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R608 - Support - Administrative: Translation and Interpreting

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services

Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services

GRAND

TOTAL

B.2 PERFORMANCE WORK STATEMENT

1. General: Lt, Col. Luke Weathers, Jr. VA Medical Center (VAMC) uses on-site American Sign Language (ASL) interpreting services to facilitate communication at events and meetings such as work-related meetings, training sessions, safety talks, discussions on work related procedures, policies and assignments, human resources actions, conferences, team building events and any other event attended by deaf or hard of hearing persons. Additionally, ASL interpreting services shall be provided to patients, their families, and visitors for the offices and agencies associated with the Lt. Col. Luke Weathers, Jr.

VAMC. The assignments are primarily performed at the various Community-Based Outpatient Clinics (CBOCs) locations outlined below in this Performance Work Statement (PWS).

1.1 Description of Assignments: This is a non-personal service to provide ASL Interpreters for our deaf and hard of hearing employees, patients and their families, along with visitors for the offices and agencies associated with the Lt. Col Luke Weathers, Jr. VAMC. The Government shall not exercise any supervision or control over the contract assignment providers performing the assignments described herein. As employees of the Contractor, such contract assignment providers shall be accountable solely to the Contractor who, in turn shall be responsible to the Government. These services shall be available upon request 365 days a year, 24 hours per day, 7 days per week for the Lt. Col Luke Weathers, Jr., VAMC.

1.2 Locations:

Lt. Col Luke Weathers, Jr., Medical Center (Main Hospital) 1030 Jefferson Avenue Memphis, TN 38104

Covington (North) VA Clinic Holly Springs VA Clinic 3461 Austin Peay Highway 1700 Crescent Meadow Drive Memphis, TN 38127 Holly Springs, MS 38635

Nonconnah Boulevard VA Clinic West Helena VA Clinic 1689 Nonconnah Boulevard 131 Quarles Lane Memphis, TN 38132 West Helena, AR 72390

Jackson VA Clinic Tupelo VA Clinic 180 Old Hickory Blvd 1114 Commonwealth Blvd.

Jackson, TN 38305 Tupelo, MS 38804

Dyersburg VA Clinic 1067 Vendall Road Dyersburg, TN 38024

Savannah VA Clinic 1170 Shawnee Street Savannah, GA 31419

**Additional facilities may be added based on the Lt. Col Luke Weathers, Jr. VAMC requirements.

2. Objectives: The contractor shall provide on-site coverage for Deaf and Hard of Hearing employees and visitors at various locations on an “as needed” basis during normal working hours, which shall be defined as between 7:00 AM to 7:00 PM CST Monday through Friday, except for Federal holidays as well as occasional after-hours work.

3. Scope:

3.1. Interpreter Assignment Scheduling

3.1.1. The appointed Contracting Officer Representative (COR) is the main point of contact and deciding authority for all sign language assignments. If the COR, or appointed Alternate COR is out of the office or otherwise not available, then the manager of the EEO office shall be contacted.

Additionally, the assigned Contract Specialist and/or the Contracting Officer will be the succession of personnel that the Contractor may contact for actions concerning the scheduled assignments for the contract.

3.1.2. For all non-urgent business: If the COR and Alternate COR are unavailable, the Contractor shall contact and inform the EEO Manager or the Medical Center POCs of anything pertaining to sign language interpreting assignments. For urgent business, the Contractor may contact the other personnel designated. All points of contact will be provided at time of award.

3.1.3. Primary means for assignment arrangements is an email generated by the Lt. Col Luke Weathers, Jr. VAMC; however, telephone coordination is also acceptable. All telephone arrangements will be followed up by an email within 2 hours.

3.1.4. When possible, all interpreter assignments will be coordinated a minimum of three (3) business days in advance of assignment request date and time. In order to allow the Contractor maximum opportunity to fill the assignments, all requested assignments known well in advance will be submitted to the Contractor as soon as the COR has determined that contract support will be required.

3.1.5. Prior to 5:00 PM CST the Contractor will provide at least one email acknowledging the receipt of all proposed assignment(s) from the COR that were issued prior to 4:00 PM CST of that same day. Any proposed assignment(s) that were issued after 4:00 PM shall be acknowledged via an e-mail from the Contractor to the COR no later than 10:00 AM the following business day. For clarity, a Contractor may “roll up” multiple requests in one confirmation e-mail at the end of the day. This roll up shall include the number of requests received by the Contractor. It is not necessary to reply to each individual request separately.

3.1.6. If the Contractor does not respond with acknowledgement of receipt of the proposed assignment within allotted time expressed in para 3.1.5, the Government reserves the right to direct the proposed assignment to another Contractor. Note that the Contractor shall use fully qualified/pre-approved staff interpreters and/or subcontractors when needed to ensure all assignments are filled. COR shall approve sub-contractors prior to performance of services.

3.1.7. If the Government should submit a request for interpreters with less than two (2) business days advanced notice, the Contractor shall attempt to provide an interpreter from their staff, but the Government understands that the Contractor may not always be able to comply with such requests.

The Contractor must notify the Government of its inability to provide a staff interpreter via email as soon as possible but shall offer fully qualified/pre-approved subcontractors when needed to ensure all assignments are filled. If acceptance of these types of assignments is not made by mutual agreement, the Government reserves the right to pursue alternate means to fulfill the assignment.

3.1.8. If an interpreter assignment is for a one (1) hour assignment or less in duration, one (1) interpreter for such assignments shall be provided. Interpreters shall receive a 15-minute break after every 45 minutes of interpreting.

3.1.9. Unless it is specifically requested by the COR, all assignments scheduled for longer than a one

(1) hour, shall have two (2) interpreters assigned to ensure quality and effective communication over the entire duration of the assignment.

3.1.10. If the Contractor believes due to the circumstances surrounding the assignment that more than the number of interpreters authorized above are required to provide adequate interpreter assignment, additional interpreters may be assigned, but only after the Contractor has consulted with and obtained prior approval by email from the COR. Additionally, if both the Contractor and COR believed that only one interpreter is required for an assignment or back to back assignments exceeding an hour in duration, then the requirement for two interpreters shall be waived. The number of additional interpreters provided for any assignment or event shall be kept to the minimum necessary to provide a quality and effective assignment.

3.1.11. Contractor shall have a working knowledge of and daily access to email and telephones and shall be staffed sufficiency during business hours identified in paragraph 3.1.12 below to assign interpreters, and handle scheduling issues as they arise by telephone or email during the day.

3.1.12. Contractor shall be staffed adequately enough between the hours of 8:00 AM thru 5:00 PM of each business working day to receive and answer calls and e-mails for future and short notice interpreter assignments. To facilitate short notice assignment requests within two business days, the Contractor shall provide the COR with one or more of the following: a 24-hour on-call pager(s), cell number(s), e-mail(s), and/or phone number(s) that the Contractor shall either answer immediately or respond to within two hours. Because it is for short notice request(s), if the Contractor chooses to not respond within the two-hour requirement, then the COR may contact another Contractor to attempt to fill the assignment.

3.1.13. Each Wednesday, by 3:00 PM CST, the Contractor shall provide to the COR, via email, verification of assigned interpreters for the upcoming week’s scheduled assignments (The following Monday thru Friday). All requests that were submitted within the last two business days (current week’s Monday and Tuesday) would not have to be included if Contractor is still working those open assignments. However, the Contractor must notify the COR immediately upon knowledge of inability to fill an assignment request; the Contractor shall not wait until 3:00 PM on Wednesdays to inform the COR of such instances so as to allow the COR to attempt to fill the assignment via other options. If any additional assignment requests are added for the following week after the initial report on Wednesday, the Contractor shall provide an updated schedule not later than 1:00 PM on Friday of the current week.

If Contractor scheduling of assignments is not confirmed within the listed time constraints, the Government reserves the right to pursue alternate means to fulfill the assignment.

3.1.14. If more than two weeks advanced notice is provided to the Contractor for request for assignments, the Contractor shall include the confirmation of all scheduled interpreters for future assignments in the weekly Wednesday report, not just the following week’s assignments.

Example: If the Contractor is given a request six (6) weeks in advance, the Contractor shall include the “assigned” interpreter for that future assignment in every Wednesday report as a confirmed scheduled interpreter. As stated above, the COR will make a determination for required contract support and provide as much advanced notice to the Contractor as is feasible. Note that session pricing accounts for the time in which notice has been provided to the contractor.

3.2. Business Protocol

3.2.1. The Contractor shall provide their professional portfolio of their services to the COR. The portfolio shall include the names of interpreters that meet the Government’s requirements, a copy of their Registry of Interpreters for the Deaf (RID) card. Before any interpreter works at a Lt. Col Luke Weathers, Jr VAMC event their professional folio must be sent and reviewed by the COR.

3.2.2. The sign language interpreter(s) certification information shall be kept up to date and current copies of all applicable documents including, but not limited to updated/renewed credentials shall be on file with the Contractor and if needed made available upon request to the Government COR to become part of the official file.

3.2.3. The Contractor and the sign language interpreter(s) shall not act as agents or employees of the Federal Government.

3.2.4. The Contractor and the sign language interpreter(s) shall not discuss personal business;

distribute personal business cards or promote themselves or the Contractor while on assignment in order to develop clientele from assignment(s) originating from the Federal Government. This is a conflict of interest and is cause for termination of the agreement.

3.3. Interpreter Qualifications and Requirements

3.3.1. Interpreters provided by the Contractor shall have a minimum of 5 years’ experience proficiently interpreting for Deaf and/or Hard of Hearing employees, customers, or applicants. Contractor shall have interpreters on staff that can use American Sign Language (ASL), Signed English (SE), and Manually Coded English (MCE) to perform interpreting for Deaf and/or Hard of Hearing employees and applicants.

3.3.2. Certifications for all Contractor supplied interpreters must be obtained from a recognized certifying organization. Contractor will insure all Interpreters are certified and must hold at least one or more of the certifications issued by the National Registry of Interpreters for the Deaf (RID) and/or the National Association of the Deaf (NAD).

The Contractor’s employees and sub-contractors shall abide by all state and local laws, current and future, in regard to certification of all interpreters. From time-to-time Lt. Col Luke Weathers, Jr VAMC will require interpreters that are qualified to interpret in a legal setting. Upon request, the contractor shall provide a legally qualified ASL interpreter with a minimum of 5 years’ legal interpretation experience.

3.3.3. The Contractor shall provide quality assignments of Nationally Certified sign language interpreter(s) that practice the knowledge of and adherence to the tenets of the National Association of the Deaf’s (NAD) NAD-RID Code of Professional Conduct. The complete version of the NAD-RID Code of Professional Conduct may be found at the following web address: http://www.rid.org/ethics/code-of-professional-conduct/

3.3.4. All parties involved agree that all information obtained while on assignment(s) shall be kept strictly confidential and shall not be used or disclosed to others after completed assignment(s). All interpreters shall be required to sign non-disclosure agreements and turn it in to the COR prior to performing any assignment under this contract at any location.

3.3.5. Sign language interpreters must possess fluency of sign language on the entire sign language continuum to effectively facilitate communication between Deaf and Hard of Hearing employees and hearing employees.

3.3.6. Many of the services in the Lt. Col Luke Weathers, Jr. VAMC deal with language and acronyms that are technical in nature, relate to complex medical issues, or are unique to the Government. If requested by the Contractor, the COR will provide a written list of standard acronyms or language specifically used by the department or program office that is the subject of a request for an interpreter.

The Contractor must take this unique environment into consideration when providing interpreters.

When possible, the Contractor should supply interpreters with professional backgrounds through education or life experience (such as military assignment, or technical degrees) that enhance their capacity to communicate technical information in a Government or medical setting.

3.3.7. Sign language interpreter(s) supplied under this contract shall have the ability to accurately interpret in a variety of settings, have the ability to keep pace with communications in conferences, meetings, seminars, training classes, etc., and have the ability to abstract, select and highlight information within context when dealing with complicated concepts, idioms, etc.

3.3.8. The sign language interpreter(s) supplied under this contract shall have the ability to negotiate with speakers as “colleagues” to mediate pace of communication as necessary and appropriate; or voice interpret when a Deaf or Hard of Hearing person’s speech is not easily understood.

3.3.9. Sign language interpreter(s) supplied under this contract shall have the knowledge and diversity of culture and skill required to prepare for each interpreting assignment, including knowledge needed to assist in setting up an environment that is conducive to meeting the communication needs of both the hearing and Deaf or Hard of Hearing participants in an assigned event or assignment.

3.3.10. Sign language interpreters supplied under this contract shall have the ability to assess and adapt to the language needs of the Deaf or Hard of Hearing consumer and to apply analytical skills necessary to determine which communication modes the Deaf or Hard of Hearing consumer is using.

3.3.11. Sign language interpreter(s) supplied under this contract shall be professionally dressed. They shall be well groomed and dressed in an acceptable manner that is appropriate to the situation which usually involves business meetings or platform interpreting.

3.3.12. In certain circumstances color appropriate attire may be necessary. The COR will inform the Contractor on a case-by-case basis if this occurs. The Contractor shall be responsible for supplying appropriately attired interpreters with regard to color of clothing.

3.3.13. The Government COR will evaluate and rate the Contractor’s performance in meeting the requirements of this contract in the Contractor Performance Assessment Reporting System (CPARS). If applicable, the ratings may include these areas: Quality, Schedule, Cost Control, Management, Regulatory, etc.

3.3.14. Each sign language interpreter supplied pursuant to this contract will be evaluated periodically and/or randomly by the COR and/or possibly by the Contract Specialist/Officer assigned to the contract to help ensure quality control of the interpreters supplied in accordance the PWS and contract.

Additionally, the Government Deaf and Hard of Hearing employees served by an assigned interpreter may fill out evaluation forms upon completion of the assignment.

3.3.15. The Contractor shall be notified following any evaluation if there is something observed that is deemed not in compliance with the terms and conditions of the contract and given the opportunity to address the matter appropriately with a Corrective Action Plan (CAP) or other measure deemed appropriate by the Contracting Officer or COR, as an agent of the Contracting Officer.

3.4. Assignments

3.4.1. Assignments may be scheduled by the Government under this contract for any time or day in accordance with the contract and the appropriate line-item numbers (LINs).

3.4.2. All assignments shall begin at the scheduled start time.

3.4.3. Unless otherwise instructed by the COR, all sign language interpreter(s) provided under this contract shall stay on the assignment(s) for the indicated time; regardless of the length of an assignment. Prior to each scheduled event, the sign language interpreter(s) provided pursuant to this contract shall make personal contact with the supported employee. This can be done onsite prior to the commencement of the event. At the time of the scheduled event, the sign language interpreter(s) shall report to the Government contact person identified for the assignment to check in.

3.4.4. If the Government contact person for an assignment dismisses the sign language interpreter(s) more than 45 minutes prior to the end time originally contracted for with respect to the assignment, the Contractor and/or sign language interpreter(s) shall contact the COR by telephone for official dismissal or for reassignment to another Deaf employee’s meeting or event.

3.4.5. In the event an interpreter supplied under this contract arrives to an assignment that has been canceled, the interpreter shall contact the EEO Manager or the COR to either be released or reassigned.

3.4.6. If an assignment(s) made under this contract goes over the contracted time, the sign language interpreter(s) shall be paid the rate applicable to assignments with less than 24-hour notice for the additional time (based on 15-minute increments-as per industry standard practice).

The following procedures must be accomplished for extended time:

1. Prior to extending past the original contracted time, the interpreter, if a subcontractor, shall contact the Contractor for permission to the proposed time extension requested by the requiring department.

2. Simultaneously, the requiring department will contact the COR for approval of the proposed time extension.

3. Once the requiring department has obtained approval from the COR, and the interpreter, if a subcontractor, obtains permission from the Contractor; the Contractor shall then contact the COR with an initial verbal agreement to the agreed upon extension as per the Requesting Unit Representative’s proposed time extension.

4. The COR will then write a written approval to reflect said agreement. Without written approval from the COR or EEO Manager, the Contractor assumes all the risk for any unapproved extension.

5. Upon the three parties’ agreement and approvals, then the extension can be executed.

6. After completion of the extension, and prior to leaving the installation, the interpreter shall notify the COR (and if necessary, the Contractor) of the time of completion.

7. The Contractor shall then submit via e-mail the adjusted time that the service was rendered.

8. The COR shall make any adjustments to the Assignment # for record keeping purposes and to validate the billing.

3.4.7. The sign language interpreter(s) provided pursuant to the contract must inform the Government COR by telephone or in person of all additional time required that was required to complete the assignment prior to leaving the site of the assignment. The additional time shall also be sent to the COR by email by COB of that day. The Contractor shall then invoice the Government for the total time worked with respect to the assignment, including the two-hour minimum initial assignment and each 15-minute increment required after the two-hour minimum to complete the assignment. Travel time and associated expenses are not billable.

3.4.8. Should an assignment under this contract extend beyond the contracted time and the interpreter assigned by the Contractor cannot stay, then the supplied interpreter shall be permitted to leave without any penalty imposed on the Contractor or any negative report issued with respect to the Contractor’s performance of this contract. The Contractor must inform the COR that they are unable to stay.

3.4.9. When multiple assignments are scheduled back to back (but still 1 to 2 hours each) under this contract using the same sign language interpreter(s), there shall be no separate billings by the Contractor for those assignment; e.g. if an interpreter is working three (3) separate assignments all 1 to 2 hour each or less (and all within walking distance of each other) and each individual assignment is basically right after the previous one, then the Contractor can just bill for a six (6) hour period. However, if the same interpreter is working multiple assignments that are only 1 hour each back-to-back, then the contractor cannot bill the two-hour minimum for each…only the last assignment could be billed for the two-hour minimum.

3.4.10. For any assignment(s) under this contract for six (6) or more hours in duration, the assigned interpreters shall follow the break schedule of the deaf person(s) they are assigned to work with.

3.4.11. If an interpreter(s) has a morning assignment and then a separate follow-on afternoon assignment and there is a break in time between the assignment, the interpreter(s) may leave and come back to and from the assigned area(s).

3.5. Client Non-Attendance (“No Show”)

3.5.1. In the event a Government client (Deaf or Hard of Hearing employee) is late for a scheduled assignment, the interpreter assigned to the event may consider the client to be a “no show” if the client has not arrived within thirty (30) minutes after the scheduled start time.

3.5.2. In the event the client is a “No Show”, the interpreter(s) assigned shall report to the COR (or EEO Manager in the absence of the COR) for either reassignment or release. The interpreter may not leave the assigned campus until the departure has been approved by the COR or EEO Manager.

3.6. Interpreter Attendance and Non-Attendance (“No Show”)

3.6.1. Sign language interpreter(s) provided by the Contractor shall allow sufficient time to get through security and report to the site of the covered meeting or event on time. Multiple instances of unexcused tardiness shall not be tolerated. The Government reserves the right to rely on such instances of tardiness as the basis for placing interpreters on a “Not to Send” list. Only the Contracting Officer can make the determination to have a particular interpreter on said list and will justify it in writing to the Contractor. If an instance of tardiness/delay by an interpreter is anticipated due to some known or reported circumstances (e.g. call because of an accident that has a road blocked), the Contractor must inform the COR of the anticipated delay so that the customer can be informed and possibly the meeting time adjusted to allow for the delay.

3.6.1.1. “Excusable Delay” is a delay that is beyond the Contractor’s (sub-contractor’s) control. Such as in instances when driving to an assignment, an interpreter gets stuck in traffic due to an accident that has the current route blocked and no alternates are available (such accidents can be verified).

Instances of an interpreter just leaving too late in order to get to the assignment on time are not excusable. All instances will be evaluated on a case-by-case basis by the COR and or Contracting Officer.

3.6.2. If a sign language interpreter provided under this contract is late by more than fifteen (15) minutes for a scheduled meeting or event, the Government may treat the interpreter as a “no show” and be relieved of responsibility for payment if the Government cancels the meeting or event. If the Government elects to proceed with the meeting or event on a delayed basis due to the late arrival of the assigned interpreter, the sign language interpreter shall be required to interpret the meeting or event.

The Contractor shall not bill for an amount payable to the Contractor under this contract for a time increment equal to the duration of the tardiness of the interpreter, regardless of the duration of the assignment to include the 2-hour minimum. The Contractor shall bill for the actual time of service provided for the assignment.

3.6.3. Should the COR reassign a sign language interpreter provided by a Contractor during the originally scheduled time for the use of the interpreter and should the interpreter fail to attend the new assignment, the Contractor may not bill for the original assignment, as it will be treated as a “No Show”.

3.6.4. If there is a no show by a sign language interpreter provided under this contract, the Government will not pay any invoice submitted with respect to that assignment. Repeated offenses could result in termination of this contract for cause. All no shows by the contractor shall be reflected as a negative performance report in the monthly COR reports for this contract and in the annual CPARS for the assigned contractor.

3.6.5. The Contractor may replace a scheduled interpreter for an assignment if they have provided notice to the COR that the originally assigned interpreter will be unacceptably delayed or will not be able to make the assignment at all. As long as an approved (COR must approve in each instance) interpreter is provided in a timely manner for the assignment, the Contractor may bill as to the original assignment.

3.7. Cancellations

3.7.1. The Government will only deal directly with the Contractor and not with interpreters supplied by the Contractor for all cancellations whether Government or Contractor.

3.7.2. If a scheduled sign language interpreter(s) supplied by the Contractor is not available to cover the scheduled meeting or event, and the Contractor is unable to provide an acceptable replacement, the Contractor shall notify the COR of the situation as soon as the Contractor is made aware of the situation. Delivery of this notice does not relieve the Contractor of its obligation to provide the qualified personnel necessary to fulfill the assignment(s), and the scheduled event cancellation will be annotated in the monthly COR performance report for the assigned contractor.

3.7.3. All Contractor cancellations (and any potential cancellations) shall be submitted to the COR via email. Telephone calls are permitted for timely notification, but follow-up emails confirming assignment cancellations are required. Though not considered to be quite as severe as a blatant “No Show”, multiple cancellations will be reflected in a negative contractor performance report in the monthly COR report for the assigned contractor for this contract, and para 3.6.4. will apply.

3.7.4. Assignments to be performed under this contract may be cancelled by the COR or HR representative by email, not less than twenty-four (24) hours in advance of the scheduled start time for the meeting or event, Monday through Friday, with no penalty or charges for the cancelled assignments. If a previously scheduled assignment(s) is/are canceled by the COR, and the COR has given the Contractor the 24-hour notice herein described no invoice for payment shall be submitted by the Contractor and the Government shall have no obligation to make any payment with respect to the cancelled assignment.

3.7.5. If the Government provides less than twenty-four (24) hours advance notice of a cancellation(s) of an assigned meeting or event, then the Contractor may submit an invoice for all labor charges incurred by the Contractor which shall not exceed the cost for the initial day of a meeting or event scheduled for multiple days.

3.7.6. Interpreters provided under this contract shall not report to work or to a scheduled meeting or event if the meeting or event is cancelled due to the closure of the assigned location because of inclement weather or an emergency. In such cases, due to official closure, the Contractor may not bill for any cancelled events.

3.8. Billing

3.8.1. The Contractor shall submit invoices for assignments completed under this contract monthly through the Austin Finance Center.

3.8.2. The monthly invoices submitted by the Contractor shall be submitted in a format that is a Microsoft Office compatible format and agreed to by the COR. The invoice shall contain the following:

1. Invoice Number

2. Date of assignment

3. Assignment start/stop time

4. Interpreter’s name

5. Name of Deaf or Hard of Hearing client

6. Location (Building and Room number when applicable)

7. If the assignment was canceled within 24 hours

8. Total charge

3.8.3 The monthly invoices submitted by the Contractor shall follow the calendar and shall include the time from the first day of the month through the last day of the month, with each monthly invoice being due by the end of the first week of the following month.

3.9. Security Requirements

3.9.1. The interpreter will need to contact the requesting service or requesting person for access to the hospital or clinic.

3.9.2 Contractor personnel shall adhere to all local security policies and regulations while on the Lt. Col Luke Weathers Jr. VAMC property.

3.10 Deliverables

001 – Interpreter Confirmation Email – As required 002 – Verification of Assigned Interpreters – Weekly 003 – Invoice Verification - Monthly

END OF PERFORMANCE WORK STATEMENT

B.3 PERFORMANCE AND QUALITY STANDARDS

Performance

Objective (The required service)

Standard Performance Threshold (This is the maximum error rate)

Method of Surveillance Remedy

PRS #1

Interpreter arrives on time to scheduled events.

The interpreter is ready and seated when the meeting begins.

99% Compliance. Customer, COR and supervisor feedback.

Non-payment commensurate with the services not provided established in the PWS.

PRS #2

Interpreter services are provided.

Additional interpreters are provided on short notice when requested.

Requests received more than 5 days in advance shall be filled, requests less than 5 days shall be filled and requests received less than 24 hours are filled by the Contractor.

98% fill rate for over 5 days 90% fill rate for less than 5 days 85% fill rate for less than 24 hours.

COR

monitoring through 100% inspection

Non-payment commensurate with the services not provided established in the PWS.

PRS #3

Sign language interpreters provide clear interpreting services.

Both the Deaf or Hard of Hearing employees/guests and the hearing employees experience effective communication.

Zero deviation from standard. Customer, COR and supervisor feedback.

Non-payment commensurate with the services not provided established in the PWS.

PRS #4

Contractor shall send only qualified interpreters.

Contractor shall send only Nationally Certified interpreters to Lt.

Col Luke Weathers, Jr.

VAMC.

100% compliance. The COR will check on each interpreter's credentials.

Non-payment commensurate with the services not provided established in the PWS.

PRS #5

Contractor responds to emails in a timely fashion.

All emails are replied to according to PWS unless otherwise specified.

Zero deviation from standard. COR monitoring through 100% inspection

Non-payment commensurate with the services not provided established in the PWS.

B.4 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) with the Department of Veterans Affairs.

B.5 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between (to be filled in at the time of award) and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA.

B.6 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees.

It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.7 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach /per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.9 PERIOD OF PERFORMANCE

This BPA expires on September 30, 2024 or such later ending date as determined by the exercise of any option.

B.10 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans' Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

B.11 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for services, whether to be acquired by future orders under the program, or by any other contract action at Department of Veterans Affairs;

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for services or any other supplies or services;

(c) formulation of "best value" criteria, acquisition plans, solicitations or strategies for the purchase of -like services;

(d) preparation of documentation for future orders for services.

B.12 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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.