36C25720Q0012-000.docx

36C25719Q1366 FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 V

NEW VCB HOTEL LODGING FOR VETERANS BPA

78229 36C25720Q0012 10-22-2019 N 721110 Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babcock Rd. Ste 302 San Antonio TX 78240 Renetta Prince Contract Specialist Department of Veterans Affairs Valley Coastal Bend Health Care System 2601 Veterans Drive Harlingen, Texas 78550

USA

renetta.prince@va.gov renetta.prince@va.gov renetta.prince@va.gov renetta.prince@va.gov

NEW VCB HOTEL LODGING FOR VETERANS BPA

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation number 36C25720Q0012 is issued as a request for proposal (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-82.

(iv) This solicitation is set-aside for a Service-Disabled Veteran Owned Small Business concern with the associated NAICS code of 721110 which has a small business size standard of $32.5 million.

(v) See attached schedule for the contract line item number(s), services, quantities, and options requested in this solicitation.

(vi) This requirement is for visiting patient lodging services for the Valley Coastal Bend Healthcare Center in Harlingen, Texas. See attached Statement of Work and schedule for the requirements for the services to be performed.

(vii) The anticipated base Period of Performance for the services is 1 November 2019 through 31 October 2024. The order is proposed with a one-year base period and four one-year options. See attached schedule for the delivery, acceptance, and FOB destination delivery point.

(viii) The provision at FAR 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition; see attached schedule regarding the addenda to the provision.

(ix) The provision at FAR 52.212-2, Evaluation-Commercial Items, is used in this solicitation. Offers will be evaluated as acceptable, acceptable with minor revisions or unacceptable for technical capability and be evaluated for past performance as acceptable or unacceptable, and then those proposals found technically acceptable will be evaluated by price as lowest priced, technically acceptable.

(x) Offerors are to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer if the representations entered in the System for Award Management (SAM) needs to be revised for the proposal. Offerors must be registered and have completed the provision at FAR 52.212-3 in SAM to be considered for an award from this solicitation.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Addenda to the included clause state that clauses that are incorporated by reference have the same effect as if they were given in full text.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. See attached schedule regarding the additional FAR clauses cited within the clause that are applicable to this acquisition.

(xiii) This acquisition includes additional contract requirements. See attached Statement of Work for the terms and conditions of the requirement.

1. Offers are to include Past Performance information [Technical] showing like or similar services performed during the past three years. A past performance survey is attached to this solicitation for submission if the description of past performance information is not submitted in another format. The VA will confirm the submitted past performance information and will review other government past performance information systems. Offers with unsubstantiated unsatisfactory past performance records may be determined to be technically unacceptable.

1. Offers are to include evidence of insurance with their offer.

1. Offerors are to provide complete pricing in the attached schedule and provide it with their proposal.

1. It is requested that all questions regarding this acquisition be asked by 15 October 2019, by 2:00 PM CT. Questions must be in writing and are to be submitted to the POC by email at renetta.prince@va.gov .

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition.

(xv) Offers are due by 22 October 2019 by 2:00 PM CT.

(xvi) Offers are to be submitted to Renetta Prince by email at renetta.prince@va.gov.

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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

740-20-1-2051-0001 36C25720Q0012 10-08-2019 Renetta Prince 210-694-6323 10-22-2019

2:00 PM

Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babcock Road, Suite 302 San Antonio TX 78240 X X 721110 $32.5 Million N/A X Department of Veterans Affairs Valley Coastal Bend Healthcare System 2601 Veterans Drive Harlingen TX 78550 Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babcock Road, Suite 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page Hotel Lodging BPA for Valley Coastal Bend Health Care Systems (VATVCBHCS) This Blanket Purchase Agreement will cover the following anticipated Period of Performances:

Ordering Period 1: 11/01/2019-10/31/2020 Ordering Period 2: 11/01/2020-10/31/2021 Ordering Period 3: 11/01/2021-10/31/2022 Ordering Period 4: 11/01/2022-10/31/2023 Ordering Period 5: 11/01/2023-10/31/2024 Important Dates:

Cut-off for Questions: 10/15/2019 at @ 2:00 PM, CDT.

RFQ Closes: 10/22/2019 at 2:00 PM, CDT.

Projected Award Date: 10/31/2019.

Per FAR 52.204-7(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation.

See CONTINUATION Page X X X Dale Padro 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:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

Department of Veterans Affairs VISN17 Network Contracting Activity 5441 Babcock Road, Suite 302 San Antonio TX 78240

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

3. INVOICES: Invoices shall be submitted in arrears:

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

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

PRICE/COST SCHEDULE

ITEM INFORMATION

HOTEL BPA TO PROVIDE LODGING FOR VETERANS. ON AN AS NEEDED BASIS, UP TO 6 NIGHTLY REQUESTS PER MONTH (6 ROOMS X 12 MONTHS=72 ROOMS PER YEAR) Contract Period: Base POP Begin: 11-01-2019 POP End: 10-31-2020

LOCAL STOCK NUMBER: ROOMS

HOTEL BPA TO PROVIDE LODGING FOR VETERANS. ON AN AS NEEDED BASIS, UP TO 6 NIGHTLY REQUESTS PER MONTH (6 ROOMS X 12 MONTHS=72 ROOMS PER YEAR) Contract Period: Option 1 POP Begin: 11-01-2020 POP End: 10-31-2021

HOTEL BPA TO PROVIDE LODGING FOR VETERANS. ON AN AS NEEDED BASIS, UP TO 6 NIGHTLY REQUESTS PER MONTH (6 ROOMS X 12 MONTHS=72 ROOMS PER YEAR) Contract Period: Option 2 POP Begin: 11-01-2021 POP End: 10-31-2022

HOTEL BPA TO PROVIDE LODGING FOR VETERANS. ON AN AS NEEDED BASIS, UP TO 6 NIGHTLY REQUESTS PER MONTH (6 ROOMS X 12 MONTHS=72 ROOMS PER YEAR) Contract Period: Option 3 POP Begin: 11-01-2022 POP End: 10-31-2023

HOTEL BPA TO PROVIDE LODGING FOR VETERANS. ON AN AS NEEDED BASIS, UP TO 6 NIGHTLY REQUESTS PER MONTH (6 ROOMS X 12 MONTHS=72 ROOMS PER YEAR) Contract Period: Option 4 POP Begin: 11-01-2023 POP End: 10-31-2024

B.3 PERFORMANCE WORK STATEMENT

Statement of Work (SOW) Lodging BPA for Veterans Affairs Texas Valley Coastal Bend Health Care System (VATVCBHCS)

1. GENERAL

0. SCOPE OF WORK: The VA Texas Valley Coastal Bend Health Care System (VATVCBHCS), located at 2601 Veterans Drive, Harlingen, TX, intends to enter into a Contract with a firm that normally provides Lodging Negotiations and Management Services. This hotel/motel lodging for authorized visiting veterans and accompanying spouses, family members, or care-givers (veteran plus one with double occupancy). The Government guarantees a minimum usage of 72 rooms per year. The government's best estimated quantity is 100 rooms per year. The contractor must make the following number of rooms available per day: Sunday 2 rooms, Monday 2 rooms, Tuesday 2 rooms, Wednesday 2 rooms, Thursday 2 rooms, Friday 1 room, Saturday 1 rooms. The contractor must make these number of rooms available for reservation per day each week for use by the government and will hold the rooms until 6:00 PM. each day. The contractor shall make its best effort to provide veterans with a plus one with a room with two separate beds if requested.

Veterans Affairs Texas Valley Coastal Bend Health Care System’s (VATVCBHCS) Harlingen Health Care Clinic requires hotel accommodations for all veteran out-patients after their surgical operations who require next day follow-up appointments and/or additional periods of monitoring as needed after surgery (to include early/late appointments and/or surgical procedures requiring them to come in early). In addition, out-of-the-area veterans traveling long distances for medical procedures performed at the Harlingen Health Care Clinic at 2601 Veterans Drive, Harlingen, TX 78504. The Commercial hotel shall furnish lodging accommodations for VATVCBHCS guests on a nightly rental basis. The performance standards and requirements for these services include the following responsibilities:

1.1.1. Blanket Purchase Agreement (BPA): In accordance with FAR Part 13.303 and FAR 16.7, The Contractor shall, when called for by VATVCBHCS, will provide lodging and accommodations to all visiting guests at the Harlingen Health Care Center Clinic (HCC) at 2601 Veterans Drive, Harlingen, TX 78550.

Performance Period: The anticipated base period is 11/1/2019 through 10/31/2020. At the discretion of the Contracting Officer, the Government may exercise up to four, twelve-month ordering periods.

ORDERING PERIOD 1 11/1/2020-10/31/2021

ORDERING PERIOD 2 11/1/2021-10/31/2022

ORDERING PERIOD 3 11/1/2022-10/31/2023

ORDERING PERIOD 4 11/1/2023-10/31/2024

1.1.2. VATVCBHCS will provide lodging and accommodations to all non-paying guests seen at the Harlingen Health Care Center Clinic at 2601 Veterans Drive, Harlingen, TX 78550. In the event that the commercial hotel cannot accommodate guests, the hotel will notify VATVCBHCS point of contact, Timothy Rivera, Medical Administration Service Contractor Administrative Officer, via email at Timothy.Rivera@va.gov at a minimum of one week prior to non-availability. The Contractor shall accept advance reservations or same day reservations as necessary to meet mission requirements.

1.1.3. The Contractor shall comply with all Federal, State, and local laws.

1.2. METHODS OF PAYMENT:

1.2.1. "Paying Guest": The Commercial hotel shall accept, based on their credit policies and requirements, cash, credit cards and other methods of payment as an authorized method of payment for lodging charges incurred by the traveler. Adjustments for actual final charges will be made at check out.

1.2.2. All issues concerning the correct charge for the Commercial hotel room rate should be settled between the Contractor and VATVCBHCS designated Contracting Officer Representative (COR) or Alternate Contracting Officer Representative (COR) Medical Administration Service. Issues or questions concerning the correctness of other items on the final bill (phone calls, food, drinks, cleaning, and number of days in room) should be settled between the Commercial hotel and the traveler (paying or non-paying) in the same manner as other Commercial hotel/guest issues are resolved.

1.3. POLICIES AND BILLING PROCEDURES FOR DIRECT BILLING INVOICES

1.3.1. Monthly billings by the contractor should be sent to:

Financial Services Center PO Box 149971 Austin, TX 78714-8971 Payment to be made monthly in arrears by certified invoices and must contain contract number and obligation document number to be considered valid. Invoices contain personal patient information and must be controlled. Vouchers must be maintained under 100% control by lodging management and under lock and key or in a safe until returned to Medical Administrative Service for processing for payment. Vouchers will not be copied by lodging management.

For verification purposes, original lodging ticket and a copy of the invoice should be mailed to (invoice must be verified by the Business Office/Medical Administration Service prior to approving payment in the Financial Services Center automated payment system) (See section 2.5):

Medical Administration Service Attn: Administrative Officer 2601 Veterans Drive Harlingen, Texas 78229 One spouse, caregiver or family member of veteran will be permitted to stay in the room at NO ADDITIONAL CHARGE to the veteran of the VA (veteran plus one). No lodging fees will be charged to the veteran. Any expenses incurred in addition to those covered by the lodging (i.e. unauthorized meals, damages, movie channels, room services, long distance calls, etc.) are not the responsibility of VATVCBHCS.

The room rate per night will not include city, state or federal sales tax which the VATVCBHCS is exempt from paying.

1.3.2. Patient Emergencies

In the event a VATVCBHCS referred occupant is in an emergency situation of any kind, the Contractor/ hotel shall contact the appropriate parties (911) to respond to the emergency. In addition, the Contractor shall immediately contact the Contracting Officer Representative (COR) or Alternate Contracting Officer Representative (COR), Medical Administration Service at (office) 956-291-9044, (work cell) 956-410-9039, Monday through Friday, 8 AM to 4:30 PM, excluding holidays, and after normal duty hours.

1.3.3. All Non-Paying Guests who bring family members or friends outside of the veteran plus one allowance will be responsible for paying any charges above the authorized Government rate. Note: Any additional charges must be collected from the guest upon checkout.

1.3.4. Changes or cancellations will only be conducted by the designated point of contacts referred to in Section 1.3.2. It will be the responsibility of the Commercial hotel to get any additional personal information from the members upon check in. The Commercial hotel will be responsible for contacting and billing members for unpaid services left uncollected at time of checkout (i.e. phone charges, sundries, additional charges for additional guest, etc.).

1.3.5. Note: Only designated VATVCBHCS CORs are authorized to make and cancel reservations for the direct billed rooms. Refer to Section 2.5 for authorized users.

2. CONTRACTOR FURNISHED ITEMS

2.1. ROOM STANDARDS: The Government reserves the right, at any time before and after contract award and during the term of the contract, to inspect available rooms and all other areas of the complex. The lodging facility shall provide necessary access to ensure a safe and healthy environment for the VATVCBHCS occupants. This includes but is not limited to:

2.1.1. Living space: Each room shall contain net living and sleeping areas in accordance with local standards. No more than one person shall be assigned to a room or share a bathroom.

2.1.2. Rooms shall be constructed and finished to provide good light and sound attention. All piping and wiring must be enclosed.

2.1.3. All finishes (walls and ceiling) should be free from damage, scars, marks, dirt, and dust. Vents and surrounding finished must be free of dirt and dust.

2.1.4. Ceilings and wall shall be finished in paint or wall covering.

2.1.5. All floors in living and sleeping areas shall have clean, serviceable covering.

2.1.6. All windows shall be provided drapes with, shades or blinds. If only drapes are provided, they must screen out light.

2.1.7. Sufficient electrical outlets shall be available. All electrical cords, bulbs, lights, and switches shall be operational and free from defects.

2.1.8. All entrance doors to rooms shall have interior security locks; either deadbolt or double locking locks. All doors shall be free from holes, dents, or other physical defects.

2.1.9. Smoke and fire protection systems must be installed and meet federal, state, or local fire codes.

2.1.10. Bath rooms must be constructed to provide convenient sanitary facilities, with the availability of at least one handicap accessible facility. Wash basin and shower tub areas shall have a vanity table, stopper devices, soap dishes, towel bars/hooks, and grounded electrical outlets conveniently located for use of electrical razors, hairdryers etc. Loose, missing, or badly worn/damaged wall tiles, floor tiles, fixtures or accessories are unacceptable. The fixtures controlling the flow of water must not be cracked or leaking and shall operate properly to maintain a constant, adequate flow and temperature without sudden surges of temperature changes. Bathrooms must have a working exhaust fan or an exterior window that can be opened which must be of frosted glass or curtained to provide privacy. The shower or shower/tub combination shall have shower doors or curtains.

2.2. FURNISHINGS AND EQUIPMENT: Furnishings and equipment must be clean and in good repair. The following minimum furnishings are required:

2.2.1. Lamp-1 per desk or writing table.

2.2.2. Chair, occasional.

2.2.3. Clothes storage drawers.

2.2.4. Mirror.

2.2.5. Table, night, with lamp.

2.2.6. Desk or writing table with chair.

2.2.7. Luggage rack.

2.2.8. Trash containers -one in living room and one in bathroom.

2.2.9. Color television

2.2.10. Alarm clock

2.3. HEATING, AIR CONDITIONING AND VENTILATION: Living quarters shall be provided with individual room-controlled heating and air conditioning (in season) and otherwise provided the ventilation necessary to maintain comfort for guests. If utilities fail, other than an area-wide failure, for more than eight hours the contractor shall take action to relocate all occupants to other Commercial Quarters facilities at no expense to the government or the occupant.

2.4. OTHER LODGING: Veteran patients will be arriving either by government van or private vehicle and may require transportation supplied by the lodging facility to their medical appointment within the Medical Center area.

2.4.1 VA guests shall be able to check in as early as rooms become available, or no later than the facility's normal check in times.

2.4.2 All rooms must be compliant with requirements outlined in The Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.), and the Hotel and Motel Safety Act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et. Seq).

2.4.3 All rooms must be compliant with the requirements of the National Fire Protection Association (NFPA) 101, Chapter 29, Life Safety Code.

2.4.4 Lodging facility shall include transportation for the veteran and plus one from the hotel to the clinic and from the clinic to the hotel between the hours of 7 AM and 7 PM. The cost of transportation shall be included in the lodging rate. Patients will sign up at the front desk at the lodging facility or call the lodging facility from the clinic. Transportation will also be made available to the veteran to and from all other locations normally made available by the contractor to guests.

2.4.5 VA guests shall include the veterans and their spouse/family member or caregiver (veteran plus one, double occupancy).

2.4.6 The lodging facility shall provide a continental breakfast or equivalent and include the cost in the lodging rate.

2.4.7 The lodging facility shall provide local telephone service for each room and include the cost in the lodging rate. Long distance calls will be the responsibility of the veteran and plus one.

2.4.8 Parking availability will be at no charge and must be within close proximity of rooms.

2.4.9 Provide/ensure security on hotel premises.

2.4.10 The lodging facility must be within a 6-mile radius from the VATVCBHCS Harlingen Health Care Clinic, located at 2601 Veterans Drive, Harlingen, TX. Contractors shall provide a map showing the route from the lodging facility to the hospital with their proposal.

2.4.11 The lodging facility is responsible for developing a customer satisfaction survey and a process to gather input from veterans lodged at the facility under this contract. The customer satisfaction survey should measure that specific standards are being met by the lodging facility for example: room cleanliness, courtesy of the hotel staff, appropriateness of the suites assigned (i.e. handicap accessible). Survey results will be submitted to the VATVCBHCS Contracting Officer's Representative (COR) at the end of each month. The lodging facility shall maintain hard copies of the survey results for the purpose of an audit.

2.4.12 ADA Service dogs will be allowed in the hotel, room, as well as transport vehicles.

2.5. FACILITY PROGRAM OFFICE POINT OF CONTACT (AUTHORIZED USERS):

A. Contracting Officer's Representative (COR): Timothy Rivera, Administrative (office) 956-291-9044, (work cell) 956-410-9039, email at Timothy.Rivera@va.gov.

B. Alternate Contracting Officer's Representative (COR): Israel Valdez, Supervisory Mobility Transportation Specialist, 956-238-8358, email at Israel.Valdez@va.gov.

B.4 BPA Terms and Conditions BPA Terms and Conditions

1. DESCRIPTION OF AGREEMENT: This is a pre-negotiated Blanket Purchase Agreement (BPA) for the Hotel Lodging Reservations Service for the Veterans Affairs Texas Valley Coastal Health Care System (VATVCBHCS). Under this BPA, the Contractor will provide Hotel Lodging Reservation Services within 6 miles for the (VATVCBHCS) located at 2601 Veterans Drive, Harlingen, TX.

2. EXTENT OF OBLIGATION: The government shall be obligated only to the extent of authorized orders actually made under this BPA.

3. PERIOD OF PERFORMANCE: Ordering period is anticipated to be from 11/01/2019 to 10/31/2024 with the base ordering period anticipated to be from 11/01/2019 to 10/31/2020.

4. BPA COMPLETION: This BPA will be considered complete upon expiration of the specified period of performance. No further calls or orders are authorized to be placed against the BPA once it is complete and the contractor shall not accept calls or orders for services covered under the BPA once it is complete.

5. ORDER (CALL) LIMITATIONS: When placed by the Contracting Officer Representative (COR), the individual purchase (call) shall not exceed $10,000.00. Any other individual purchase by other authorized personnel shall not exceed $5,000.00.

6. PRICING: Prices or discounts quoted to the government shall be as low or lower than those charged under the supplier's most favored customers for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment.

7. INDIVIDUALS AUTHORIZED TO ORDER UNDER THIS BPA: Patients will present an authorized VA Referral Form signed by the authorized VA Contracting Officer Representative (COR). Ordering Officers may be delegated after award and updated by a Contract Modification to this BPA.

8. INVOICE. An itemized invoice shall be submitted monthly for all completed services during a billing period and for which payment has not been received.

a. Invoices shall be submitted through the Tungsten Network located at http://www.fsc.va.gov/einvoice.asp. A courtesy copy shall be emailed to Timothy.Rivera@va.gov to ensure timely review of invoice.

b. The period of any discounts will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries accepted during the billing period, whichever is later.

c. Invoices shall contain the following minimum information.

i. Name of Veteran

ii. Veteran’s Social Security Number (Last four only)

iii. Room Number and Days of Stay

iv. Cost per night

v. Hotel Name

9. DISCOUNT TERMS. As stated on individual invoices.

10. PAYMENTS. Payments will be made by through Tungsten at http://www.fsc.va.gov/einvoice.asp.

11. COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS. In performing work under this agreement, the Contractor shall comply with all relevant federal, state and local statutes, ordinances, laws and regulations.

12. PROVISIONS ON CONTRACTING OFFICERS AUTHORITY. The Contracting Officer Representative (COR) is the only person authorized to approve changes in any of the requirements under this agreement, and notwithstanding any provision contained elsewhere in this agreement, said authority remains solely with the Contracting Officer Representative (COR). In the event the contractor effects any such change at the direction of any person other than the Contracting Officer Representative (COR), the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

13. CANCELLATION: This agreement may be terminated by either party upon ninety (90) day written notice.

14. GOVERNMENT FURNISHED PROPERTY/EQUIPMENT: There is no Government-furnished property for this requirement.

15. PRICE LIST: The contractor shall submit an annual price list (rate sheet) to the Contracting Officer Representative (COR) for approval and to establish the agreement rates. Subsequent changes in prices may be indicated by the submission of a new price list at least thirty days prior to the effective date of the requested change but a no more than annually. The Contracting Officer must approve the changes prior to incorporation into this agreement. The contractor may offer voluntary price reductions (discounts) for previously approved items or rates without written approval.

Additional Information:

BPA Master Dollar Limit: $40,000 BPA Call Limit: $5,000

PSC: V231

36C25719Q1366

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SECTION C - CONTRACT CLAUSES

C.1 52.204–25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and…