36C25025Q0016.docx

36C25025Q0016

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

583-25-1-039-0001 36C25025Q0016 10-29-2024 Seevers, Courtney 216-791-3800 ext. 11288 11-08-2024

12:00 PM

EST

Department of Veterans Affairs Network Contracting Office 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131 X X 722310 $47 Million N/A X Department of Veterans Affair Domiciliary Residential Rehabilitation Treatment Facility 9045 E. 59th Street, Building 402, Indianapolis IN 46216 Y Department of Veterans Affairs Network Contracting Office 10 6100 Oak Tree Blvd., Suite 490 Independence OH 44131

Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically http://www.tungsten-network.com/ customer-campaigns/veteransaffairs/ See CONTINUATION Page See Price Schedule in Section B.

Indiana Health Care System, Indianapolis VA Domiciliary Residential Rehabilitation Treatment Program, on-site food Service.

All questions will be answered via Solicitation amendment.

All questions must be submitted in writing to the Contract Specialist at the following e-mail: Courtney.Seevers@va.gov no later than 11/01/2024, by 12:00 pm EDT.

The Contractor shall sign the 852.219-75 certification for sub-contracting in order to be considered for award. Quotes that do not contain this certification will not be considered for award or evaluated.

Award will be made via comparative analysis of offers;

see 52.212-2 in Section E for details.

See CONTINUATION Page 583-3650160-039-824300-2660 010024300 X X One( 1) Kristina L. Peart Contracting Officer 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:

Kristina L. Peart Kristina.Peart@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 10 24 Frank Lloyd Wright Drive, Suite M2200, Ann Arbor, MI 48105

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management.

3. INVOICES: Invoices shall be submitted in arrears:

c. Other [X] Monthly to: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

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. Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

5. Late Quote Submission: Late submissions shall not be considered.

6. SUBMISSION OF OFFER:

3.) The Price/Cost Schedule, Section B 4.) 52.209-7, Information Regarding Responsibility Matters 5.) 52.212-3, Representations and Certifications, or valid completion of SAM is acceptable 6.) 852.219-75, VA Notice of Limitations on Sub-Contracting – Certificate of Compliance for Services and Construction (JAN 2023).

7.) Information shall be received by the date and time specified in Block 8 of SF 1449 in order to be considered for award.

b. Contractor shall submit a staffing plan.

c. Contractor shall submit a periodic sustainment plan of the equipment.

d. Contractor shall submit a plan for cleaning and inspections.

e. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror will be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

f. Simplified Acquisition Procedures of FAR Part 12 and 13.5 are being used to conduct this procurement.

g. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

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

AMENDMENT NO DATE

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

E-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – the FSC uses a third-party contractor, Tungsten Network (referred to OB10), to transition vendors from paper to electronic invoice submission. Please go to website: https://www.tungsten-network.com/customer-campaigns/veteransaffairs to enroll in the program and begin submitting the electronic invoices, free of charge.

1. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI website is: http://www.x12.org

1. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

2. Tungsten e-Invoice Setup Information: 1-877-489-6135

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

2. FSC e-Invoice Contact Information: 1-877-353-9791

2. FSC e-Invoice email: vafsccshd@va.gov

BILLING AND INVOICING

1. In accordance with this contract, all services shall be billed in arrears monthly.

2. Contractor shall only bill for services and for line-items delivered.

3. A proper invoice that is submitted for payment; shall be accepted and certified for payment if:

i. Monthly invoice is submitted in arrears, no later than the 15th business day of the following month that services were rendered.

ii. Invoice contains in addition to the information required for submission of a ‘proper’ invoice in accordance with FAR 52.212-4(g) the following information:

a. Name and Address of the Contractor

b. Invoice Date and Invoice Number

c. Contract Number

d. Contract Order Number

e. Purchase Order Number

f. Date Range of Services Provided

g. Description of Services Provided

h. Line/Sub-Line Item number(s) of services provided

i. Quantity of each Line/Sub-Line Item

j. Unit Rate for each Line/Sub-Line Item

k. Total Cost for each Line/Sub-Line Item

l. Total Invoice Cost

4. The Certifying Official will confirm the information in the submitted invoice to the contract and invoice to ensure it is correct and valid.

i. If the invoice submitted is not a proper invoice, the certifying official shall refuse the invoice with a detailed statement as to why the invoice was refused.

ii. Contractor shall make corrections and resubmit using a separate invoice number, notating the invoice number it is replacing.

B.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

1. As prescribed in FAR Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts and contracts that exceed $250,000.00 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS also includes access to Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

2. Each contractor whose contract award is estimated to exceed $250,000.00 requires a CPARs evaluation. A government Focal Point will register your contract within 30 days after award and, at that time, you will receive and email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk at DSN: 684-1690 or COMM: 207-438-1690.

3. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have 60 days to submit any comments and re-assign the report to the CO.

4. Failure for the contractor’s representative to respond to the evaluation within those 60 days will result in the governments evaluation being placed on file in the database with a statement that the contractor failed to respond. The Contractor’s representative will be locked out of the evaluation and may no longer send comments.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Meal preparation, serving, and related services for the Indianapolis Domiciliary in accordance with the Performance Work Statement.

Contract Period: Base POP Begin: 12-01-2024 POP End: 11-30-2025 PRINCIPAL NAICS CODE: 722310 - Food Service Contractors PRODUCT/SERVICE CODE: S203 - Housekeeping - Food

Meal preparation, serving, and related services for the Indianapolis Domiciliary in accordance with the Performance Work Statement.

Contract Period: Option 1 POP Begin: 12-01-2025 POP End: 11-30-2026

Meal preparation, serving, and related services for the Indianapolis Domiciliary in accordance with the Performance Work Statement.

Contract Period: Option 2 POP Begin: 12-01-2026 POP End: 11-30-2027

Meal preparation, serving, and related services for the Indianapolis Domiciliary in accordance with the Performance Work Statement.

Contract Period: Option 3 POP Begin: 12-01-2027 POP End: 11-30-2028

Meal preparation, serving, and related services for the Indianapolis Domiciliary in accordance with the Performance Work Statement.

Contract Period: Option 4 POP Begin: 12-01-2028 POP End: 11-30-2029

Aggregate Total Base Year

Option Year One (1)

Option Year Two (2)

Option Year Three (3)

Option Year Four (4)

Aggregate Total (Base + Options, if exercised)

B.5 PERFORMANCE WORK STATEMENT

1.0. GENERAL DESCRIPTION:

The Contractor shall provide all labor, equipment, food, materials, supplies and supervision to prepare a minimum of three (3) meals per day, plus one evening snack for residents at the Domiciliary Residential Rehabilitation Treatment Facility, located at 9045 E. 59th Street, Building 402, Indianapolis, IN 46216. Each meal service shall be for an estimated minimum of 40 residents, and typically no more than an estimated maximum of 50 residents. The Contractor shall also provide personnel to facilitate the preparation of and approval of all rotating menus, serving, and cleanup of general serving/eating area in accordance with all applicable Federal, State, and local health and sanitation regulations. The Contractor shall have at least one (1) employee on shift while the kitchen is open from 5:30 am to 7 pm that has received ServSafe Manager certification established and maintained by the National Restaurant Association. Information is found here: http://www.servsafe.com/home. All other employees shall have at the minimum ServSafe Food Handler certification as well per national VA standard.

1.1. Contractor shall provide meals cafeteria style where the Contractor provides the servings. Trays, tables, and chairs shall be provided by the VA.

1.2. The VA shall periodically request that a certain number of buffet meals for a particular day/meal be substituted with bagged meals that are equivalent to the buffet style meal (i.e., meat sandwich with lettuce/tomatoes, beverage, and fruit) and act to comply with the regular meal specification. In a typical month, the Contractor shall prepare bagged meals as needed. The VA shall provide the Contractor with one (1) day written notice when bagged meals shall be required for the following day. The Contractor shall provide at least two (2) entrée choices with at least three (3) sides available for each meal. The Contractor shall also provide a salad bar for lunch and dinner, and a yogurt/hot cereal bar for breakfast.

1.3. The VA supplied juice dispenser shall be available 24 hours per day to patients. This shall dispense a variety of one (1) regular 100% fruit juice and one (1) sugar free beverage. Flavors of juice and sugar free beverages shall be changed routinely and no flavor shall be repeated in two (2) consecutive weeks. These shall be labeled to properly identify the regular vs. sugar free versions. The equipment shall be stocked and maintained by the Contractor.

1.4. Contractor shall provide the following beverages, which shall be available 24 hours per day: regular and decaffeinated coffee, regular and sugar-free hot chocolate, regular and sugar-free iced tea, hot tea, and herbal tea. Contractor shall also provide the following condiments, which shall be available 24 hours per day: condiments for beverages to include creamer, sugar, a variety of sugar free sweeteners, honey, and condiments for meals; to include salt, herbal salt substitutes (non-potassium based), pepper, hot sauce, ketchup, mustard, low fat mayonnaise or other low fat sandwich dressing spread, fat free salad dressing, salad dressing, margarine, and lemon juice. Contractor shall furnish manufacturer-sealed, single-serving condiments, when available.

1.5. Contractor shall provide a variety of cold cereals with at least two (2) options, one being sweetened and one being unsweetened. At all meals, Contractor shall provide fresh fruit (other than floor stock), low calorie yogurt (100 calories or less per serving), peanut butter, whole wheat bread (whole wheat flour as the first ingredient with each slice containing at least 2 grams of fiber), white bread, jelly and sugar free jelly. Yogurt, peanut butter and jelly shall be provided in single-serving containers.

1.6. Contractor shall provide the following items which shall be available 24 hours per day: a variety of oranges, apples, bananas, grapes, or other fresh fruit (referred to as floor stock) as seasonably available, whole wheat bread (whole wheat flour as the first ingredient with each slice containing at least 2 grams of fiber), white bread, peanut butter, jelly, sugar free jelly, and crackers. All floor stock fruit shall be washed prior to serving. There shall be at least three (3) different fresh fruits available at all times as floor stock or grab and go areas.

1.7. The Contractor shall provide a variety of regular and diet eight (8) ounce soft drinks to be available at mealtimes.

1.8. Contractor shall provide services on Federal holidays. Federal holidays are established by Federal Law and listed below. Also, the Contractor shall provide services on any other day declared by the President of the United States to be a National Holiday.

1.9 The kitchen shall be staffed from 5:30 am to 7 pm. Contractor shall provide meals during the times specified below. Deviation from this schedule shall only be with the approval of the Contracting Officer Representative (COR). All times listed are local times.

Breakfast Weekdays (Monday through Friday) 7am – 8am Weekends (Saturday & Sunday) 8am – 9am

Lunch Weekdays (Monday through Friday) 11:30am – 12:30pm Weekends (Saturday & Sunday) 12:00pm – 1:00pm

Dinner Every day (Monday through Sunday) 5:00pm – 6:00pm

2.0. MENUS:

2.1. Contractor shall prepare and submit to the COR two (2), 6-week menus (one [1] spring/summer, one [1] fall/winter) for the regular diet and modified diets that are approved and signed by a VA Registered Dietitian. The spring/summer menus shall run or cycle from April to September, the fall/winter menus from October to March. The menus shall include these different diets: Cardiac diet/ Regular (low cholesterol 2 gm sodium), 60-75g Carbohydrate diet, and Renal diet (2 gm sodium 2gm potassium 60 gm protein). The VA shall give the Contractor one (1) day written notice of the type and numbers of modified (not regular) diets needed for the following day. Contractor shall provide the COR at time of menu submission with recipes with portion size and intended products to be used for menus to ensure compliance to the above stated nutritional guidelines.

2.2. The menus shall be evaluated by the Contractor and submitted to COR on at least an annual basis 60 days before the new option year. The COR takes the documents to the registered dietitian for review and shall submit changes to the COR 30 days after receipt so that they may be given to the Contractor. Contractor shall show the changed menus to the COR within 15 days and the COR shall give to registered dietitian on site. The menus shall be signed and dated by the VA Registered Dietitian to show that the menus have been evaluated on an annual basis. The VA Registered Dietitian shall attend the quarterly meeting noted in the “Quality Standards”, section 6.4, below to address menu concerns. Menu changes ordered by the VA shall be implemented within 30 calendar days of the quarterly meeting.

2.3. Menus shall be in a format that shall be easy to read for residents. Menus shall be carefully planned to provide essential nutrients, reasonable variety, and include seasonal variations. Furthermore, food served by the Contractor shall be appetizing, well balanced, palatable and non-repetitive. The Contractor shall provide to the COR a nutritional analysis of each day’s menu for the regular/Cardiac Diet (low g cholesterol, 2g sodium in order to ensure that the diet, as planned, meets nutritional adequacy and is consistent with the dietary guidelines. The Contractor shall post the menu and nutrition analysis for both the regular diet and 60-75g Carbohydrate on a daily basis at the dining room entrance.

2.4. Non-emergency menu changes/substitutions shall be reported to the COR and the VA registered dietitian for approval 48 hours prior to any change. Approved menu changes shall be posted for in the dining room entrance for veterans within 24 hours of knowing the change.

2.5. Special meals shall be provided for all Federal holidays except Columbus Day. Holiday meals shall be observed at the dinner meal while breakfast and lunch meals follow the cycle menu. Holiday meals shall be written and submitted to the COR at least four (4) weeks in advance of the holiday. The COR shall then submit to the dietitian. The holiday menus can be more liberal than regular diet guidelines as approved by the dietitian. The special meals require a starter (soup or salad), 2 entrée options, vegetable, starch, bread and dessert.

3.0. SPECIAL DIETS:

3.1. Special diets shall be in accordance with the diet prescribed by VA healthcare providers. This shall include between meal snacks or nutritional supplements as needed, to optimize a patient’s nutritional needs. Special diets with unique requirements due to religious preference and health reasons shall be prepared as prescribed by VA healthcare providers in cooperation with a VA dietitian. The Contractor shall provide special diet meals, when requested by the VA, at no additional charge to the Government.

3.2. The VA shall provide a VHA Heart Healthy diet model to help with recipe selections. Any other reference needed shall be provided by the VA Dietitian/ COR.

4.0. FOOD SERVICE OPERATION:

The Contractor shall be responsible for set up, serving and clean-up for all meals. The Contractor shall provide overall orientation for residents or contract staff that shall assist with serving, clean-up and/or dishwashing for all meals. The Contractor shall be ultimately responsible for ensuring that high standards of sanitation, cleanliness and safety are maintained during meal service operation.

5.0. SANITATION/SAFETY:

5.1. Contractor shall maintain a clean and sanitary environment and adhere to safe kitchen practices, including all relevant Occupational Safety and Health Administration (OSHA) standards and guidelines, to prevent injuries and accidents. The Contractor shall ensure that all residents and/or staff involved in serving, clean-up and/or dishwashing follow correct procedures to ensure proper sanitation and safety.

5.2. All cleaning and sanitation chemicals, all paper goods, dinnerware, reusable utensils, and glass accessories for a complete table service, and all linens such as aprons, towels, dish cloths shall be provided by the Contractor.

5.3. Contractor personnel shall be free of any contagious, infectious or communicable disease while on the premises, and the Contractor shall educate said personnel on sanitation, infection control and kitchen safety. The Contractor shall provide documentation to the COR evidencing that the aforementioned education was provided to new Contractor personnel prior to them beginning at the facility under this contract. This documentation shall be submitted within five (5) days of contract award for personnel providing services on the first day of the period of performance. For personnel hired after performance has begun, the Contractor shall provide this documentation within five (5) days of the personnel beginning to provide services. Annually the contractor shall submit to the COR documentation of annual review training on these topics.

5.4. Contractor shall ensure that ready to eat foods are prepared with no bare-hand contact, except when foods are being washed.

5.5. Contractor shall provide copies of policies and procedures for sanitation, safety, and employee training. These shall be turned over to the COR within 15 days of the award of this contract. Any changes in policies and procedures by the contractor shall be provided to the COR within 7 days of the change as well as documentation of staff being trained on the new policy and procedure.

5.6 VA holds the right to perform unannounced audits at any time. Contractor shall develop an action plan for any items out of compliance and submit audit report to COR within 2 weeks of the sanitation audit showing that action items have been completed.

5.7. Contractor shall record temperatures for items listed below and submit to the COR by the 15th of each month for the previous month:

a. Dish machine temperatures, or chemical equivalence, shall be monitored and recorded following the three (3) meals.

b. All refrigerator temperatures shall be monitored and recorded three times (3) per day prior to mealtimes.

c. All food temperatures shall be monitored and recorded during the cooking process as well as prior to meal service.

5.8 Contractor shall participate in all emergency drills for the facility.

6.0. QUALITY STANDARDS:

6.1. The foods, supplies, materials, equipment and services provided under this contract shall be in compliance with all Federal, State and Municipal health regulations and standards. Contractor shall provide a site supervisor to be available, as needed, to answer questions and explain meal preparation during planned inspections. The site supervisor shall demonstrate a familiarity with applicable Joint Commission standards, for the service provided, as well as be ServSafe Manager Certified.

6.2. Contractor shall provide a copy of the quality control plan including any appropriate forms. This shall be turned over to the COR within 30 days of the award of this contract.

6.3. The COR shall conduct monthly audits to determine whether or not the Contractor is adhering to contract requirements. The VA may perform these audits more frequently, if needed, to ensure contract compliance.

6.4. The COR shall conduct monthly satisfaction surveys to assess resident satisfaction with the Contractor’s food service. After receipt of the Customer Satisfaction Surveys, the COR shall schedule a mandatory quarterly meeting with the Contractor and the VA Registered Dietitian. The COR may elect to hold these meeting more frequently depending on the quality of the Contractor’s performance, and other factors.

6.5. All meals shall be served on china with reusable utensils. Contractor shall provide all necessary dinnerware (e.g., plates, cups, bowls) and cutlery (e.g., spoons, forks, knives) necessary for the Contractor to serve the meals and for the residents to eat the meals. Plastic and paper goods shall only be utilized in emergency situations with COR or designee approval. The contractor shall maintain a minimum of 5-day supply of paper service wear items for emergency use.

6.6. Sufficient quantities of food shall be prepared for all meals to prevent running out of food. Contractor shall maintain a system to track menu items served to each patient at each meal.

7.0. PROFESSIONALISM:

7.1. Contractor shall provide professional services, while maintaining decorum between the Contractor, residents, and staff. Normal interactions between individuals are both accepted and expected matters of courtesy; however, the escalation of relationships beyond what is customary and acceptable between employees and residents is prohibited. It is therefore mandated that the following be strictly adhered to: The Contractor shall assure that its personnel:

7.1.1. Display courtesy, professionalism and respect towards residents, staff and visitors while on premises.

7.1.2. Refrain from fraternizing with residents still in the program (or after they leave) if still employed by the Contractor or otherwise providing services under this contract.

7.1.3. Avoid private conversations, individual meeting on or off-grounds, giving rides in personal vehicles, talking on the telephone for personal reasons, or individually accepting or giving gifts.

7.1.4. Contractor personnel shall not engage in drug or alcohol use on the property or engage in any conversations related to alcohol or drug use. The Contractor shall maintain policy and procedures for impaired or sick employees.

7.1.4.1 The COR reserves the right to have a contractor employee removed if they are suspected of being impaired by drugs or alcohol.

7.1.5. Refrain from any behavior that could be considered sexual harassment.

7.2. These standards of professional behavior are not negotiable. The Contractor shall share culpability if, at any time, the Contractor’s personnel do not comply with the requirements. In the event of noncompliance, it shall be the Contracting Officer’s (CO’s) and/or COR’s prerogative to determine appropriate action. Such actions shall include written admonishment in the contract file, and if repeated offenses are committed without corrective action by the Contractor, contract termination. Resident care is a priority, and personnel, both VA and contract employees, shall be held to high standards of conduct when interacting with residents. Any personnel used for this contract shall be instructed and confirmation of their understanding of, and their ability and willingness to comply with these standards, shall be documented.

8.0. THE VA SHALL PROVIDE THE FOLLOWING:

8.1. A kitchen facility and major appliances. The Contractor shall have primary use of the kitchen for storage of food, condiments and serving supplies, but the Government requires access, with one (1) day advance notice, for staff and residents to prepare food for special occasion/events, (i.e., birthdays, holidays, special guests).

9.0. SPECIAL REQUIREMENTS:

9.1. The Contractor shall provide a test tray a minimum of three (3) times a month for evaluation purposes by the COR, VA dietitian or designee at no additional cost to the Government for purposes of evaluating the food.

9.2. The VA dietitian, COR, or designee may taste any item, at any time, if there is a complaint or as part of a quality check.

10.0. CONTRACTOR PERSONNEL:

10.1. All Contractor and subcontractor personnel working on the Government facility shall display a VA issued identification badge at all times. The Contractor shall coordinate with the COR immediately after contract award to obtain identification badges for all such workers. All contractor employees shall not be considered Government employees for any purpose under this contract. The C&A requirements do not apply, and that a Security Accreditation Package is not required.

10.2. The parties agree that the Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose. The Contractor shall be responsible for protecting its personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for its personnel:

a. Workers’ compensation.

b. Professional liability insurance.

c. Income tax withholding.

d. Social security payments.

10.3. The Contractor shall ensure employees performing services under this contract, who shall use vehicles in performance of said contract, have a current and valid government-issued vehicle operator’s license.

10.4. To ensure that the individuals providing services under the contract have not engaged in fraud or abuse in accordance with Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the Contractor is required to check the Health and Human Services—Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (http://www.hhs.gov/oig) for each person providing services under this contract. During the performance of this contract, the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

10.5 Contract employees with access to VA Information Systems or Patient Health Information shall undergo a background investigation before such access is granted. Contractor shall ensure employees undergoing background investigations provide all documentation completed as requested by the CO and COR within a timely manner. Information regarding background investigations shall be found in Section B, IT Security Language.

11.0. VEHICLES: The vehicles used in the performance of this contract shall be licensed and meet the minimum requirements as mandated by the state/county/city in which performance occurs.

12.0. UNIFORMS: The Contractor is responsible for providing the uniforms for its employees and ensuring that employees report to work in clean uniforms.

13.0. EMERGENCY INCIDENT: The contractor shall report any emergency incident in the kitchen (i.e. fire or personnel injury) to the COR within 4hrs via phone call and a detailed email report within 24hrs so that COR shall report this to upper nutrition and foodservices management and the CO.

14.0. EQUIPMENT: Any equipment that is not working properly shall be reported to the COR and building maintenance, within 2 hours of discovering the equipment issue, either by phone or email. Once equipment has been repaired, please notify COR again so they are aware issue has been resolved.

15.0. CONTINGENCIES: Contractor is expected to provide services regardless of weather conditions/power outages or staffing.

15.1 For situations when weather conditions, power outages or other unforeseen events occur an emergency five (5) day menu shall be submitted to the COR within five (5) business days of contract award. All items for emergency menu shall be kept in stock at all times and sufficiently rotated to ensure no expired products are served. The emergency menu shall contain at the minimum one meal that is prep free. The contractor shall notify the COR via email within 24 hours of activating the emergency menu. The email shall include the reasoning for emergency menu activation and the meal(s) impacted. If the emergency menu shall be used for greater than one (1) meal, the Contractor shall request approval from the COR. Outside regular duty hours the contractor shall contact the senior staff member on duty who shall contact the COR for guidance/direction when the emergency menu is used for more than one (1) meal.

15.2 The contractor shall notify the COR as soon as possible but no later than one hour prior to any given mealtime if there are not sufficient personnel in place to meet contract requirements. A determination shall be made whether or not to activate the emergency menu. Commercial meals for domiciliary residents may be purchased by the contractor in the event that the emergency menu is not activated. Commercial meals shall be at the contractor’s expense. For the purposes of this paragraph sufficient personnel is defined as at least one (1) employee on shift while the kitchen is open from 5:30 am to 7 pm that has received ServSafe Manager certification established and maintained by the National Restaurant Association.

16.0. INVOICES: Contractor shall provide COR with a report of actual meals served and total costs on the 15th of each month for the previous month.

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SECTION C - CONTRACT CLAUSES

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.