36C25920Q0580.docx

36C25920Q0580

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

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

436-21-1-586-0001

08-12-2020 B. David Bentley 303-712-5784 09-11-2020

4:00 PM

36C259

Department of Veterans Affairs 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

Y 721110 $35 M

N/A

Fort Harrison VAMC

3687 Veterans Drive Fort Harrison MT 59634 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Greenwood Village CO 80111

Financial Service Center PO Box 149971 Austin TX 78714-9971

Combined Synopsis Solicitation for Montana Veteran Lodging Program Blanket Purchase Agreement (BPA)

This solicitation closes on Friday, September 11, 2020 at 4:00 PM EDT. All responses must be emailed to the Contract Specialist, B. David Bentley, at bruce.bentley@va.gov prior to the solicitation closing.

The cutoff for questions shall be Monday, August 31, 2020 at 2:00 PM EDT.

Table of Contents

Request for Quote (RFQ) #: 36C25920Q0580 Montana Veterans Lodging Program

(i) This is a combined synopsis/solicitation for commercial items 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; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 2:00pm EDT, Monday, August 31, 2020.

All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to B. David Bentley at bruce.bentley@va.gov no later than 4:00 pm EDT, Friday, September 11, 2020.

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

(ii) This is a Request for Quote (RFQ) and the solicitation number is RFQ # 36C25919Q0580. The government anticipates awarding a firm-fixed price single award Blanket Purchase Agreement (BPA) resulting from this solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-08 effective August 13, 2020.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is 721110 with a small business size standard of $35M. This solicitation is a 100% set-aside for Veteran-Owned Small Business (VOSB).

(v) Delivery and acceptance are to be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located at 3687 Veterans Dr, Fort Harrison, MT 59634.

(vi) The Defense Priorities and Allocations System (DPAS) does not apply.

(vii) All quotes are due to bruce.bentley@va.gov by 4:00pm EST, 9/11/20.

(viii) Name and email of the individual to contact for information regarding the solicitation:

B. David Bentley Contact Specialist Page 1 of Page 1 of

STATEMENT OF WORK VETERAN LODGING PROGRAM

MONTANA VA HEALTH CARE SYSTEM (MTVAHCS)

Contractor shall provide all facilities, labor, materials, insurance, licenses, and equipment as needed to provide Hotel/Motel lodging for authorized Veteran beneficiaries, aka Veteran. This contract shall be for one base year with 4 option years.

1. Background:

The VA Lodging Program is designated for lodging to eligible Veterans receiving care through MTVAHCS. The Hotel/Motel facility shall furnish lodging services to eligible Veterans in accordance with the terms and conditions listed herein. In addition, the Hotel/Motel facility shall be located within 10 miles of the MTVAHCS medical center or the Customer Based Outpatient Clinic (CBOC) where the appointment is located at.

2. General Requirements/Qualifications:

a. Proposals will be considered only from offerors who are regularly established in the business called for, and who are financially responsible and have the necessary equipment and personnel to furnish service in the volume required for all the items under this contract. Successful offeror shall meet all requirements of federal, state, and city codes regarding operations of this type of service.

b. To be eligible for award under this solicitation, offeror must propose for use a facility that is compliant with the following requirements:

▪ Hotel and Motel Safety Act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et. Seq.)

▪ U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/serach.cfm. (Offers proposing facilities that are not listed will be rejected as non-responsive.)

▪ National Fire Protection Association (NFPA) 101, Chapter 29, Life-Safety Code found at https://www.nfpa.org

▪ The Americans With Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.).

▪ City, county, and state fire codes by having passed their most recent fire inspection and having corrected all negative findings within required timeframes.

c. Only hotel/motels that fully meet the requirements, and provide items as listed above, may respond to this solicitation. Award will be made to the offeror determined to be best value to the government.

3. Orders:

a. The Veteran will be referred to the Hotel/Motel by authorized MTVAHCS staff. Veterans using this benefit must be medically stable and capable of self-care. The Veteran must also be able to stay in an unsupervised setting or be accompanied by a caregiver that is able to provide the necessary care needed.

b. MTVAHCS referral/registration staff will provide the number of nights the Veteran is authorized to stay. All unauthorized nights are the financial responsibility of the Veteran, and there will be no additional charges to the VA.

c. Rooms must be available within a maximum of 60 minutes of call from the VA. When required, handicap rooms must be made available and accessible.

d. Hotel/Motel facilities shall be in a safe location. The rooms are to accommodate those Veterans who travel long distances for appointments, and/or treatments. Only patients normally discharged to their home will be considered for lodging.

e. Vendor shall guarantee MTVAHCS a pre-determined number of rooms set by the scope of work. After 5:00 pm each day, all unreserved rooms, except for three (3), will automatically be released to the contractor. MTVAHCS shall not be financially obligated to pay for rooms that are not used.

4. Number of Patients:

One spouse, caregiver, family member and/or service animal of veteran, will be permitted to stay in the same room at NO ADDITIONAL CHARGE to the Veteran, or to MTVAHCS. No lodging fees will be charged to the Veteran, except for expenses incurred in addition to those covered by the Hotel/Motel contract. VAMTHCS will not be held responsible for any additional unauthorized charges, (e.g. unauthorized meals, damages, movie channels, room services, long distance calls, unauthorized pets, unauthorized smoking, etc.). Additional charges shall be the responsibility of the room occupant(s).

5. Contractor Requirements:

a. The Hotel/Motel facility shall be within the city limits of the listed locations below. Rooms can be single and/or double occupancy with an estimated twenty-five (25) furnished hotel rooms per day, to include five (5) American with Disabilities Act (ADA) compliant, split between all fifteen (15) locations. One (1) of the ADA compliant rooms shall have a roll-in shower at the Fort Harrison and Billings locations. Hotel/Motel must be able to provide a minimum of 75% of rooms that have a strict no smoking policy.

VA MONTANA HEALTHCARE SYSTEM

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VA HOSPITAL – FORT HARRISON

3687 Veterans Drive Fort Harrison MT 59634 Phone – (406)442-6410,(406)447-7707

CBOC – ANACONDA

118 East 7th St, Suite 2A Anaconda MT 59711 Phone: (406)496-3000

CBOC - BILLINGS

1766 Majestic Lane Billings MT 59102 Phone: (406)373-3500

CBOC – CUT BANK

#8 2nd Ave SE Cut Bank MT 59427 Phone: (406)873-9047

CBOC - GLASGOW

630 Second Ave South, Suite A Glasgow MT 59230 Phone: (406)228-4101

CBOC - HAMILTON

299 Fairgrounds Suite A Hamilton MT 59840 Phone: (406)363-3352

CBOC - HAVRE

130 13th Street, Suite 1 Havre MT 59501 Phone: (406)265-4304

CBOC - LEWISTOWN

629 NE Main St, Suite 1 Billings MT 59457 Phone: (406)535-4790

CBOC - PLENTYWOOD

440 West Laurel Ave Plentywood MT 59254 Phone: (406)765-3719

CBOC - BOZEMAN

300 N. Wilson, Suite 703G Lewistown MT 59102 Phone: (406)373-3500

CBOC - GLENDIVE

1766 Majestic Lane Billings MT 59102 Phone: (406)373-3500

CBOC – GREAT FALLS

1417 9th Street South, Suite 200 & 300 Great Falls MT 59405 Phone: (406)791-3200

CBOC - KALISPELL

690 North Meridian Road, Suite 101 Kalispell MT 59901 Phone: (406)257-7308

CBOC - MISSOULA

2687 Palmer St, Suite C Missoula MT 59808 Phone: (406)493-3700

CLC/CBOC – MILES CITY

210 S. Winchester Miles City MT 59301 Phone: (406)874-5600

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b. A telephone shall be provided in each room providing local calls service. Local calls are to be included in the Hotel/Motel rate. Long distance calls will be the responsibility of the veteran.

c. Parking on site of the Hotel/Motel shall be available, and handicap parking will be within close proximity of entrance.

d. The Contractor shall provide a standardized customer satisfaction survey which will allow a mechanism to gather input from veterans lodged at the Hotel/Motel facilities under this contract. This survey will be reviewed and approved by the Contracting Officer’s Representative (COR) and Administrative Officer of the Day (AOD) supervisor prior to vendor’s use. The customer satisfaction survey will provide specific standards are being measured and met by the Hotel/Motel. For example: cleanliness of rooms, courtesy of desk clerks and hotel staff, appropriateness of the room assigned (i.e. handicap accessible). Survey results will be forwarded electronically to the COR on a monthly basis. Hotel/Motel facility is required to maintain hard copies of the survey results for the purpose of audit.

e. 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. This access is necessary to ensure a safe and healthy environment for our Veteran occupants.

f. Cleanliness: Floors (including under the bed), baseboards, corners, and wall edges shall be free of dirt, dust, and debris. Glass and mirrors shall have no traces of film, dirt, smudges, or water. Stairways shall be free of dirt, debris, marks, smudges, scuffs, and other foreign matter. Carpets shall not be torn, will be free of dirt, debris, litter, other foreign matter, and shall be securely installed to avoid tripping hazards. Window treatments shall be free of stain, dust, and mold. Ceiling tiles and light fixtures shall be free of stain and mold. Restrooms shall be disinfected, free of dirt, deposits, streaks, and odors. Showers shall be disinfected and free of soap films, scum and other deposits. Linen items shall be free of any visible wear (e.g tears or fraying). They must be clean and free of stains.

g. Pest Management – There shall be no observation of roaches, ants, spiders, or any other pest/vermin that will cause an unhealthy environment.

6. Room Rates:

a. All rooms will be charged at the same rate regardless of the time of, or type of, room reservation. The VA reserves the right to request additional rooms; however, as part of the competitive process, the contractor must propose as part of his/her offer, any rates above and beyond the daily room requirement. Room rates shall be calculated at checkout time/date. Any late checkouts shall be the Veteran’s responsibility.

b. The VA is a federal government department and is tax exempt. At the issuance of this contract a copy of the state tax exemption form will be provided.

7. Reservations:

All reservations will be made and cancelled by personnel of MTVAHCS lodging program. The following information will be provided: name of guest, address, arrival/departure date (length of stay), and type of room (i.e.) handicap verses non handicap, and number of rooms. Hotel/Motel is not to accept reservations for MTVAHCS patient lodging unless the reservation has been requested through the MTVAHCS lodging program, or other authorized staff (e.g. Social Worker, Homeless Program) and has been provided a MTVAHCS reservation code. In case of overbooking, the Hotel/Motel personnel will lodge Veterans in another commercial hotel that meets the standards set forth and at no additional expense to the individual or MTVAHCS.

8. Check-In:

Upon arrival, Veterans are required to provide the front desk a valid picture ID as well as their full name and address. At check in, Veteran will receive an explanation of the fire/safety plan and a room folio shall be shown to the Veteran. Check-in will be allowed at least by 3:00 p.m., and required check-out no earlier than 11:00 a.m.

9. Cancellations:

Any reserved room may be cancelled prior to 5:00 pm the night of the reservation by MTVAHCS staff. Cancellations after 5:00pm will be at the expense of the MTVAHCS.

10. Billing:

Each billing invoice shall include the contract number, name of the Veteran, dates of service, the Hotel/Motel name, and price of room. A copy will be emailed to the COR at MTVAHCS to verify accuracy, and if needed, COR will notify contractor with a list of discrepancies. After all discrepancies have been addressed to the satisfaction of both the contractor and COR, payment will be requested by the contractor through the electronic government payment system. The contractor shall be paid monthly in arrears upon receipt of a properly executed invoice. The room rate per night shall not include city, state or federal sales tax, which MTVAHCS is exempt from paying.

11. Extended Stay:

Extension of stay resulting in additional nights outside of what was authorized by MTVAHCS personnel, shall be at the expense of the Veteran. In the event that a Veteran is admitted, or stays overnight in the VA facility, family members or guests in the contracted Hotel/Motel facility may retain the room at their own expense unless special permission has been granted, prior to the stay, by authorized personnel at MTVAHCS.

12. Alternate Accommodations:

In the event accommodations are not available upon notification of arrival of Veteran, the Hotel/Motel shall be responsible for providing an alternate Hotel/Motel of like quality, and same pricing, and in a timely manner from an approved partner. The contractor will notify the VA representative on the contact listing of the reservation change, if it is made after 4:30 pm or on weekends.

13. Transportation/Parking:

Neither the VA, nor the Veteran, will be responsible for any parking fees at the contracted hotel. Upon request, and if available, the Hotel/Motel will provide a shuttle service, at no cost to the Veteran or the VA, for the Veteran to get to their scheduled surgical/medical appointment.

14. Locations: See Attached VA Montana Medical Center and CBOC’S

15. Information Security/Privacy:

The C&A requirements do not apply, a Security Accreditation Package is not required. Incidental exposure to protected health information may occur from accessing the work site. Staff will follow all Privacy & Security policies and procedures. Contractor will provide security/privacy training to all Hotel/Motel staff.

16. Quality Assurance:

Contractor shall have a Quality Control plan (QC) with Hotel/Motels, designed to monitor quality in provided services. The Quality Control plan (QC) shall describe the objective of quality control activities, scope of activities, activities for monitoring and evaluation, methods for reporting results, mechanisms for taking follow-up action and responsibilities of staff for each activity of the quality control program. The program shall include a customer service survey. The quality control plan shall be provided two weeks after award of contract. The plan shall be re-evaluated annually, with exercise of option year, and revised as necessary with a copy provided to the Contracting Office or COR.

17. Patient Emergencies:

In the event a MTVAHCS referred Veteran is in an emergency of any kind, the Hotel/Motel staff shall contact (911) to respond to the emergency. Once the emergency has ended, the Hotel/Motel staff shall immediately contact the COR or the (AOD)at 406-447-6801.

18. Damages:

VAMTHCS must be notified immediately when any damages have occurred.

The damages shall be properly documented by the Hotel/Motel staff and submitted to VAMTHCS, to include pictures, video and invoices, within three (3) days. The Veteran is responsible for all damages incurred by them or their spouse, caregiver, or family member staying with them.

19. Contractor and Representatives Conduct: The VA places the highest priority on the treatment of its Veterans. The Contractor, Hotel/Motel facilities, employees, and Contractor’s representatives shall treat Veterans with respect, concern, and professionalism to uphold the dignity earned as a United States Veteran. All communication both verbal and non-verbal by the Contractor and/or representative personnel, with and in the presence of the veteran, shall be conducted in a professional manner. Failure to comply with this provision may be grounds for default.

20. Inspection Prior to Award:

MTVAHCS representatives reserve the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualifications of any offeror, and to reject any offer, irrespective of price.

21. Problem Resolution:

a. Contractor shall provide the COR with a list of key personnel, including name and telephone number, that are responsible for problem resolution under this contract.

b. Contractor shall refer complaints received directly from Veterans to the COR.

22. Contract Changes:

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to the extent indicated in this contract, to act on behalf of the Government, which may result in changes in the contract terms, to include deviations from the statement of work, details, and performance schedules.

b. Communications pertaining to contractual matters shall be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting Officer. No oral statements of any person whosoever will in any matter or degree, modify or otherwise affect the terms of this contract.

c. The Contracting Officer does, however, reserve the right to designate one or more representatives to act in a capacity of furnishing technical guidance. A copy of the COR designation will be furnished to the Contractor.

23. Health Insurance Portability and Accountability Act of 1996 (HIPAA):

In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. This contract and its requirements meet the following exception and does not require a Business Associate Agreement for Covered Entity to disclose Protected Health Information to: Veteran’s lodging. Based on this exception, a Business Associate Agreement is not required for this contract.

24. Contract Administration:

The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Contact the COR for all other matters, i.e. payment, usage, etc. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the price, quantity, quality, or delivery terms of this contract.

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Montana Veteran Lodging Program, In Accordance With (IAW) Statement of Work (SOW),Off-Site Lodging for a Period of Five (5) Years, Option Periods shall be separately funded orders under this BPA:

Base Period: Estimated rooms = 352/Month, 4224 Annually Period of Performance (PoP) 10/1/2020 - 9/30/2021 Daily Room Rate $ ____________________ Annual Total $ ____________________

Option Period 1: Estimated rooms = 369/Month, 4428 Annually Period of Performance (PoP) 10/1/2021 - 9/30/2022

Daily Room Rate $ ____________________ Annual Total $ ____________________

Option Period 2: Estimated rooms = 388/Month, 4656 Annually Period of Performance (PoP) 10/1/2022 - 9/30/2023

Daily Room Rate $ ____________________ Annual Total $ ____________________

Option Period 3: Estimated rooms = 407/Month, 4884 Annually Period of Performance (PoP) 10/1/2023 - 9/30/2024

Daily Room Rate $ ____________________ Annual Total $ ____________________

Option Period 4: Estimated rooms = 428/Month, 5136 Annually Period of Performance (PoP) 10/1/2024 - 9/30/2025

Daily Room Rate $ ____________________ Annual Total $ ____________________ Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2025

A.3 DELIVERY SCHEDULE

3687 Veterans Drive Fort Harrison, MT 59634

USA

A.4 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

A.5 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

DUNS NUMBER:

Cognizant Office (Include complete address):

Greenwood Village CO 80111

A.6 PRICING DATA

1. The prices included on the BPA list (or applicable "discounted" rates submitted in a proposal response to an RFQ resulting in award) that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the proposed option year rates as incorporated into the order award are in effect until such time, if applicable, that the contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by facsimile or electronic-mail) to the Department of Veterans Affairs/Contracting Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order. Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA holder.

3. The BPA holder may also increase BPA prices at any time. Any BPA price increase shall not take effect until the Department of Veterans Affairs Contracting Officer receives written notification (U.S. mail, facsimile, or electronic-mail). Any order already issued shall not be affected by any change to BPA pricing. The prices offered under this BPA will undergo annual review by the Department of Veterans Affairs Contracting Officer.

A.7 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended BPA shall be considered to include this option provision.

A.8 SEGREGATION OF COSTS

a. The "Payments under Time-and-Materials and Labor-Hour Contracts" clause provides for reimbursement to the contractor of costs incurred for certain items and services purchased directly for the contract, subject to certain limitations set forth in the clause. Such items may include the lease/purchase of equipment, travel expenses for Government- directed travel, consumable materials, tuition and registration fees for specialized training, and other services or items acquired for the Government's account under the Government Property clause. The items and services which the BPA holder is authorized to purchase on a cost- reimbursement basis shall be limited to only those specific items and services described in the order(s) issued to the BPA holder as authorized for purchase.

b. The BPA holder shall segregate costs associated with materials and other items authorized to be purchased on a cost-reimbursement basis (to be specified in each order) from other costs associated with the performance of this contract in such a manner that at any time the costs subject to reimbursement under each order shall be readily ascertainable.

c. The "Ceiling Price" referred to in the "Payments under Time and Materials and Labor-Hour Contracts" clause shall be the ceiling price as stated in each order.

A.9 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

A.10 NONPERSONAL SERVICES

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

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

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

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

A.11 AUTHORIZED LIMITS

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

A.12 OBLIGATION OF FUNDS

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

A.13 PERIOD OF PERFORMANCE

This BPA expires on 09-30-2025 or such later ending date as determined by the exercise of any option.

A.14 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Warranted NCO 19 Contracting Officer

A.15 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

A.16 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

maurice.walker@va.gov The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Secondary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

A.17 FEDERAL HOLIDAYS

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

A.18 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officer (CO) for review and signature. When the CO receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction. The Contracting Officer will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

b. An itemized invoice shall be submitted to the CO at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices. "Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

A.19 PRECEDENCE

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

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SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this…