36C25021Q0133.docx

36C25021Q0133

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25021Q0133 01-22-2021 Karen Williams 614-257-5220 01-29-2021

2:00 PM

EST

36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 2780 Airport Drive, Suite 340 Columbus

OH

43219-1834 X X 561320 $30 Million N/A X Department of Veterans Affairs Dayton VA Medical Center 4100 W. 3rd Street Dayton

OH

45428 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 2780 Airport Drive, Suite 340 Columbus

OH

43219-1834

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center P.O. Box 149971 Austin, TX 78714-9971

877-353-9791 512-460-5429 See CONTINUATION Page Contractor to provide daily COVID-19 screening and and COVID-19 Testing at designated points across the Dayton VA Medical Center campus and all associated locations.

Reference Schedule of Services on page 5 and Performance Work Statement on page 7.

This acquisition will adhere to the format as defined in FAR Part 12 and will be conducted using the Simplified Acquisition Procedures in FAR Part 13.

See CONTINUATION Page X X Karen Williams Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR’S NAME/ADDRESS/CITY/STATE-ZIP (Please print or type):

Point of Contact/Title: ____________________________ ____________

Telephone: _______________________________

Facsimile #: _______________________________

E-mail: __________________________________

DUNS NO: ________________________________

b. GOVERNMENT:

Karen Williams, Contract Specialist Department of Veterans Affairs Network Contracting Office (NCO) 10

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management.

3. INVOICES: Invoices shall be submitted in arrears: Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Invoicing shall be in accordance with The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

5. SECURE FAX: In accordance with VA Handbook 6500, the following statement is required on all fax cover sheets; if it is determined the ordering process will include a fax: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

6. CHANGES/MODIFICATIONS TO THE CONTRACT: The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this resultant contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, delivery or quality of performance of this resultant contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made to the contract price to cover any increase in cost incurred as a result thereof.

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

8. POST AWARD ORIENTATION: The Contracting Officer will conduct a post-award orientation conference in accordance with VAAM842.5 Postaward Orientation.

9. The Contracting Officer’s Representative (COR) will be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

Page 1 of Page 1 of

B.2 SCHEDULE OF SERVICES AND PRICES

The Contractor shall furnish all personnel to provide services necessary to perform COVID-19 Screening at the various locations as stated in the Performance Work Statement.

Period of Performance is February 1, 2021 (or date of award) through January 31, 2023 (or two years).

The Government has provided their best estimate as to the number of hours that will be required. The need for services may change due to needs of the medical center. There is no guarantee that the exact number hours listed in the price schedule will be needed at all times. The total minimum amount, or guaranteed minimum, for the initial year in which this contract is awarded is 160 hours. The total maximum number of hours, inclusive of all ordering periods shall not exceed 190,000 hours.

Reimbursement will be made to the contractor by issuance of individual task orders during the life of the contract. Only the Contracting Officer is authorized to place task orders against this contract; which will be issued annually for each ordering period.

ITEM INFORMATION

Ordering Period 1: February 1, 2021 (or date of award) – January 31, 2022 (or 364 days)

Estimated Total for Ordering Period 1

Ordering Period 2: February 1, 2022 (or date of award) – January 31, 2023 (or 364 days)

Estimated Total for Ordering Period 2

Aggregate Total to include Ordering Periods 1 and 2 : $_____________________

B.3 PERFORMANCE WORK STATEMENT

Dayton VA Medical Center COVID-19 Screening and Testing

1. Introduction. Dayton VA Medical Center (DVAMC) is developing a manpower contract to provide 24-hour sustainable screening coverage as delineated by the Center for Disease Control (CDC).

2. Description/Scope/Objective.

A. The purpose of this contract is to provide entry screening services in response to COVID-19 at Dayton VAMC main campus and Community Based Outpatient Clinic’s (CBOC’s) which will include greeting Veterans, employees, visitors, contractors and volunteers in a polite, prompt and helpful manner.

B. The Contractor shall be required to furnish all necessary personnel, supervision, training, to provide door screening in accordance with the terms, conditions, specifics and requirements of the contract. The Contractor shall provide Door Screening Services at all the Dayton VAMC locations that has been determined by the Medical Center – Incident Command (IC).

3. Scope.

A. COVID-19 Door Screening and Testing

a. The purpose of this requirement is to provide daily COVID-19 screening and COVID-19 Testing at designated points across the Dayton VA Medical Center campus and all associated locations. This effort will follow current and future VA and CDC guidelines in a manner aligned with DVAMC I CARE values.

b. The contracted screeners and COVID-19 tester will utilize FDA and/or VA approved PPE equipment, that will meet all applicable OSHA and NISOH guidelines and standards to ensure services being provided is in such a manner to assure the safety and welfare of patients, visitors, and staff.

c. To ensue standardization, DVAMC will provide clinical testing swabs and require the following healthcare professional so that clinical guidelines for testing is conducted in a manner aligned with DVAMC I CARE values. These licensed nursing staff must be vetted in alignment with current Dayton VAMC standards with nursing hires.

i. Two (2) Clinical Providers - one Registered Nurse (RN), and one Licensed Practical Nurse (LPN), contract employees with documented clinical competence for COVID-19 testing.

ii. Two (2) Nursing Assistants (NA), contract employee present as COVID-19 door entrance/exit management, escort, and ‘runner.

d. Clinical Staffing Requirement

i. For RNs and LPNs

· U.S. Citizenship

· English Language Proficiency

· Full and unrestricted RN or LPN licensure for the State of Ohio – cannot be any other state

· BLS certification

· Fingerprinting/security investigation

· Credentialing (verification of education, licensure, National Practitioner Date Bank reporting, etc.) – must be completed by our Credentialing Office and the credentialing file then approved by the ADPCS

ii. For NAs

· U.S. Citizenship

· English Language Proficiency

· BLS certification

· Fingerprinting/security investigation

B. Estimated Contract Staff/FTE needed per week 36.

Dayton VAMC Main Campus (Building 330)

Dayton VAMC Main Campus (Building 330)

Community Base Outpatient Clinic (CBOC’S Monday-Friday)

C. Place of Performance. The Contractor shall provide Door Screening in response to COVID -19 for the Department of Veterans Affairs Dayton VAMC main campus and Community Based Outpatient Clinic’s (CBOC) locations listed below:

Screening Locations Addresses

Springfield Ohio

Richmond Indiana

Middletown Ohio

D. Contractor Responsibilities.

a. The Contractor will furnish all necessary and appropriate labor, supervision to provide door screening services in accordance with the terms and conditions of the resulting contract. Contractors will ensure that staff adhere to Current Screening Guidelines and Instructions.

b. Contractors shall comply with VAMC security and access requirements and submit or have their employees provide the required Security Forms, Release of Information Forms, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement prior to start date.

c. Contractor will ensue that all contract staff will undergo a background investigation resulting in a favorable adjudication before being permitted to work on campus.

d. The Contractor shall always provide adequate on-site supervision in order to handle customer concerns and incidents. Duties of the supervisor shall also include but not be limited to customer relations, training, and improving all screening services and coordinating all work and additional services with the Contracting Officer's Representative (COR).

e. In alignment and compliance with CDC and VAMC standards, the contractor shall ensure an effective COVID-19 screening process is in place for the contractor employees prior to start of each shift, to insure negative COVID-19 screening status in order to protect the safety of the contract employees, Veterans, visitors, and employees.

E. Training/Licenses/Qualifications. The Contractor shall provide fully trained, professional door screening staff, legal residents or U.S. citizens and be fluent in the English language. Contractor personnel shall be at least 18 years of age, have no criminal history, and be able to perform all general duties, functions, and activities as required. Contractor’s staff qualifications shall also include expertise in the proper operation of door screening, and a commitment to the highest level of respect, courtesy, compassion, and safety. Contractor personnel shall undergo a background security screening as required by the Dayton VAMC.

F. Contractor Personnel and Management.

a. The Contractor shall be responsible for employing qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

b. The Contractor shall furnish at its cost, evidence of qualifications and competency assessment of all employees. Such evidence shall include but are not limited to copies of resumes, and copies of security background checks as requested.

c. The Government will not pay any travel costs associated with this contract.

d. The Contractor shall be responsible for providing facility orientation to all door screening staff, offer a training program on security, patient privacy, safety, emergency procedures, accidents/injuries and communication with Medical Center staff. The Contractor shall maintain documentation certifying that all employees assigned to the contract have received the aforementioned training. If deemed necessary by the Government, additional training shall be offered at the Dayton VAMC and scheduled at the post award meeting on a mutually agreeable date and/or coordinate with the COR.

e. Contractor employees shall always conduct themselves in a business-like manner while on VA premises. Contractor shall furnish an identifying badge with name, function, and name of Contractor and a photograph of the employee.

f. Contractor shall complete and provide proof of all background checks on staff that meet the requirements of the VA. Contractor shall follow all infection control and safety measures from the facility, including but not limited to mandatory influenza vaccination and use of PPE per facility guidelines.

g. Contractor shall be required to provide customer service training initially and annually to door screeners, as well as attend VA customer service training when appropriate.

h. It is the contractor's responsibility to foster confidence and trust in patients, visitors, volunteers, contractors, and employees through professional behavior and appearance. All customer service complaints should be handled within 24 hours and lead to a resolution. The contractor shall inform the COR action was taken to address the concern. lf the contractor's employee’s behavior becomes an issue in performing customer service or their duties it will be handled by the contractor immediately.

i. Within seven (7) days after receipt of award notification, the contractor shall provide evidence of required training, certifications, licenses and any other qualifications required for this contract. The initial documentation shall be provided to the Contracting Officer’s Representative (COR) and Contracting Officer (CO) prior to the commencement of performing any services under this contract.

j. During the period of performance, if the Contractor proposes to add-on or replace personnel to perform contract services, the Contractor shall submit the required evidence of training, certifications, licensing and any other qualifications to the Contracting Officer. At no time shall the Contractor utilize add-on or replacement personnel to perform contract services who do not meet the personnel qualifications of this contract and who have not been approved by the CO.

k. Contractor employees are required to wear professional uniforms that consist of a collared shirt and long pants (No jeans). The uniforms are required to look professional, neat and clean in appearance and should all match to clearly identify staff. Contractor shall ensure that staff have closed-toe shoes that are clean and neat in appearance. All outerwear that the contractors wear for inclement weather will need to match and will be considered a part of the uniform. Contractor employees shall wear their photo ID badges always.

l. When notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract. Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

m. The Contractors shall provide their own equipment and PPE Supplies for scanning purposes, including Mask, Gloves, Goggles/Face Shields and Touchless Thermometers) that is FDA or VA approved and meet all applicable OSHA and NISOH guidelines and standards

n. Contractors shall provide notice for any delay, which will impact the overall project. The CO or COR will then review the facts and issue a response, in accordance with applicable regulations.

G. Facility Responsibilities.

a. The VA will nominate one (1) COR/Facility Lead and one (1) Nurse Leader (clinical component) during the length of the contract. These members will be available to the contractor at the kick-off meeting.

b. The VA will ensure that the designated VAMC Facility Leads have informed all VAMC employees about the contract staff.

c. The VA will provide a detailed listing of screening locations.

d. The VA will ensure site access to all locations in this contract to prevent unproductive downtime.

e. Facilities will provide workspace needed to perform tasks, and their full cooperation to aid in answering questions, both general and specific related to Screening and Testing Processes.

H. Contractor-Furnished Equipment and Supplies. The Contractor shall furnish and maintain in acceptable condition, at no cost to contract, all items of equipment necessary to perform work required by this contract, and additional items as needed, within reason.

I. Security Requirements. The contractor will not require access to the VA network. All contractor employees will be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access.

a. Designated as Position Sensitivity – The position sensitivity has been Low Risk.

b. Background Investigation – The level of background investigation commensurate with the required level of access is background check.

M. Government Responsibilities

a. The CO will provide the necessary forms to the contractor, or the contractor’s employees, after receiving a list of names and addresses.

b. Upon receipt, the CO will forward the completed background investigation packages to VHA Service Center (VSC). VSC will notify the Contracting Officer and Contractor after adjudicating the results of the background investigations received from Office of Personnel Management (OPM)/ Contracting Officer.

c. Upon being notified about a favorable determination, the contractor will be granted interim access to VA facilities. Interim access means they are cleared to start work on the contract in a limited capacity while the investigation process continues.

d. The Contractor shall bear the expense of obtaining background investigations. If OPM conducts the investigation, the Contractor shall reimburse VA within 30 days. The estimated cost for a Low Risk Level (NACI) Background Investigation is $200.

e. The Contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification.

N. Performance Standard.

a. The COR shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be documented by the Government and reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action.

b. If determined appropriate, the Contracting Officer and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented, and MUST be corrected within the timeframe specified by the Government.

c. The Contractor shall notify the Contracting Officer when correction(s) have been made. If the appropriate correction is not made within the timeframe specified, the Government shall have the right to terminate the contract in it is entirety.

Performance Standards Summary Matrix.

of employees

VA premises.

O. Billing

a. Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 15th workday of the following month in which services were rendered. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include.

i. Name and Address of Contractor

ii. Invoice Date and Invoice Number

iii. Contract Number and Purchase/Task Order Number

iv. Date of Service

v. Hourly Rate

vi. Quantity of hours worked

vii. Total price

P. Vendor Electronic Invoice Submission Methods:

a. Invoices will be electronically submitted to the Tungsten website at https://www.tungsten-network.com/us/support/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support:

Phone: 1-877-489-6135 Website: https://www.tungsten-network.com/us/support/ Department of Veterans Affairs Financial Service Center:

Phone: 1-877-353-9791 Email: vafscched@va.gov

Q. Payment Adjustments: Invoices will be prorated for partial days/hours worked. The contractor shall be paid only for actual work performed onsite. Contract providers shall be responsible for reporting time worked accurately. The Contract shall be paid for actual hours performed.

R. Contractor will be required to follow the VA policy for Current Screening Guidelines/Instructions below.

CURRENT SCREENING GUIDELINES/INSTRUCTIONS

Review at the Beginning of Every Shift Subject to change with CDC and/or VA Guideline changes.

Visitor Guidance sheet

1. PPE must always be worn: Medical Grade mask (not home-made) and face shield are required, gloves are optional.

2. Thermometers are non-touch thermal scanning: Push button and hold thermometer close to forehead. It takes about a second to get a reading.

3. Use Hand Sanitizer often to clean gloves or hands.

4. ALL persons entering must be wearing some sort of face covering. If they do not have one – please give them a mask. If person refuses to put a mask on – Contact the Police via the radio. Per the Chief, Infectious Disease, if a cloth face covering cannot be tolerated, have them hold a tissue against their mouth and nose to contain respiratory secretions.

5. At end of your shift, use Oxivir wipes to clean the thermometer and station and prepare for handoff to next shift.

Screening Employees:

1. Employees should have self-checked for symptoms and can come through with a thumbs up while showing their PIV Badge. Failure to give a thumbs up or show badge will REQUIRE employee to have temperature checked and screening questions answered.

2. Screening is needed ask: Do you have a new or worsening cough, shortness of breath, other flu-like symptoms (chills, body aches, fatigue, headache, diarrhea, loss or smell or taste) or have you been told to self-quarantine because of exposure to someone with COVID-19 or a pending test for COVID-19? Check Temperature with non-touch thermal thermometer.

3. Negative Screening: No to all and temperature <100 F, Employee may report to work.

4. Positive Screening: Yes, to any or high temp. Temperature will be taken a second time and if recheck is >100 F, Employee should return home and contact their supervisor.

Screening Patients and Visitors:

1. Please refer to Visitor Guidance Sheet. ALL persons entering must have legitimate business: appointment, lab, vendor, contractor, etc. All visitors must adhere to the visitor guidance sheet.

2. Ask all: Do you have a new or worsening cough, shortness of breath, other flu like symptoms (chills, body aches, fatigue, headache, diarrhea, loss or smell or taste) or have you been told to self-quarantine because of exposure to someone with COVID-19 or pending test for COVID-19? Take temperature with non-touch thermal thermometer.

a. If the answer to the questions is NO and temperature is less than 100 F – the person may enter and conduct their business

b. Positive Screening: Yes, to any of the questions or high temperature. Temperature will be taken a second time and if recheck is >100 F, the person(s) should be asked to return home and contact their primary care physician. If the person(s) believes they need immediate medical care they should be escorted to the Emergency Department. Please call the them on the radio and let them know.

c. ED Screeners will use Vocera to call the ED charge nurse and let them know of a positive screen. The patient is to be sent to the clerk station with mask on after notifying ED charge nurse. DO NOT USE CHECK IN SHEET

d. *NOTE: Some patients are being asked to come in when they are not feeling well. These patients should call their PACT team upon arrival and enter through the Primary Care Entrance. There an LPN from the PACT team will take them where they need to go.

DRESS CODE POLICY

1. POLICY. Each employee’s personal appearance contributes to the overall image of the Medical Center as a provider of quality health care. It is the policy of this Medical Center that employees wear appropriate clothing suitable to the professional health care environment and employees maintain standards of personal hygiene and grooming that promote safety and enhance infection control.

2. RESPONSIBILITIES.

a. Service Chiefs and Supervisors

b. All Employees

3. PROCEDURES.

a. Employees who are not required to wear uniforms are expected to wear clothing that is suitable for the professional health care environment and to present themselves in a manner that reflects positively on the Medical Center. All employees are expected to present a clean and neat appearance. Individual Services may have policies more specific than the standards outlined below and may include the wearing of a specific uniform. In these instances, AFGE, Local 2209, and Nurses United (NNU), will be notified of the proposed policy and afforded the right to represent and negotiate on behalf of the bargaining unit employees affected by the proposed policy.

b. Employees required to wear uniforms shall wear the complete uniform while in a duty status.

c. The following are the Medical Center’s standards for personal appearance. These standards also apply to any casual days designated by the Service Chiefs. Employees must follow the service guidelines for their work areas, especially where health, sanitation and safety are a consideration. Exceptions to these standards may be made by supervisors and Service Chiefs for special events and assigned tasks, such as moving offices, packing, etc.

4. Clothing – All clothing must be clean, neat, and professional. It is never appropriate to wear stained, wrinkled, frayed, or revealing clothing to the workplace.

5. Skirts/Dresses

a. The length of all skirts, dress shorts/skorts (culottes), whether split or not, cannot be more than 3” above the knee while sitting. Mini-skirts and spaghetti-strap dresses will not be worn while in a duty status.

b. Dresses/blouses with low tops, bare shoulders (spaghetti straps) or bare backs are not appropriate in the healthcare environment, e.g. evening/party or sun dresses, unless worn with a jacket/lab coat. Garments shall not be sheer or see-through. No bare midriff garments will be allowed.

6. Pants

a. Pants and slacks, including Capri pants, should not be too tight fitting (body contouring). Extremely baggy pants are not to be worn while in a duty status.

b. For employees assigned to any area that has direct patient contact or contact with the public excluding areas where uniforms are required, blue jeans are not permitted. Exceptions may be made for special events and duties.

c. Jogging suits, sweat suits, warm-ups, shorts and stretch (lycra®) clothing, leggings/tights, stirrup pants are not appropriate dress in our Medical Center. Exceptions may be made for special events and duties.

7. Shirts

a. No t-shirts, sweatshirts, tank tops or muscle shirts shall be worn in the Medical Center, unless worn under other garments, such as dresses, jumpers, or jackets. Exceptions may be made for special events and duties. Clothing having sexual, political, and/or negative connotations, written or pictured, is not permitted.

8. Shoes

b. Shoes should be clean, safe, and compatible with the hospital environment and assigned duties. Rubber heeled shoes are highly recommended in order to maintain a quiet environment, especially in-patient care areas.

c. Flip-flops, thongs, and house slippers are prohibited.

d. Heels should not be higher than 3” for safety reasons.

e. Hose or socks must be worn.

9. Others

a. Hats, caps, and head covers will not be worn while on duty unless they are part of a VA issued uniform, religious attire, or safety/sanitation gear.

b. Clothing, which is sheer and/or revealing, is not permitted.

c. Buttons or clothing displaying political advertising and/or slogans that may be offensive, insulting, or profane are not permitted.

10. Name Badges

a. Identification badges must be worn above the waist at all times with the employee’s name and photograph clearly visible. In certain circumstances, employees may use first name and the first initial of their last name.

11. Religious Exceptions

b. Reasonable accommodations may be made on an individual basis for employees with properly documented religious needs. Requests with supporting documentation should be submitted to the employee’s Service Chief.

(End of PWS)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3)…