36C25921Q0024.docx

36C25921Q0024

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25921Q0024 10-16-2020 Lance Davis 918-577-3838 10-22-2020 17:00 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 561990 $12 Million N/A X Montana VA Health Care System Fort Harrison VA Medical Center 3687 Veterans Drive Fort Harrison MT 59636 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide Food Service Workers for Montana VA Health Care System This will be a 3 Year IDIQ, Non-Personal Services Contract Respond to Solicitation:

e-mail to Lance.Davis2@va.gov by date and time in Block 8.

Location of Performance:

Fort Harrison VA Medical Center 3687 Veterans Drive Fort Harrions, MT 59636 Miles City Living Center 210 South Winchester Miles City, MT 59301 **NOTE** Due to unforeseen circumstances, currently this contract will have a November 1, 2020 start date.

See CONTINUATION Page X X Lance Davis

NCO1616L2-5045

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 36C259

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

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

B.2 Performance Work Statement

DEPARTMENT OF VETERANS AFFAIRS

FOOD SERVICE WORKERS

MONTANA VA HEALTH CARE SYSTEM

PERFORMANCE WORK STATEMENT

This is a Non-Personal Services Contract.

This is a 3-year IDIQ (Indefinite Delivery Indefinite Quantity) Contract that will run three years from date of Award to 10-31-2023.

Minimum Guarantee for this 3-year IDIQ is $14,092.00 Maximum for this three-year IDIQ is $634,140.00

SCOPE OF WORK

The Montana VA Health Care System (MTVAHCS) primary objective is to obtain qualified and competent personnel on a timely basis. The scope of services set forth represents an outline of the services which MTVAHCS anticipates the successful contractor to perform. The Department of Veterans Affairs, Montana VA Health Care System (MTVAHCS), has a requirement for “Food Service Workers” at the VA Medical Center in Fort Harrison, MT and at the Miles City, MT CBOC. Number of contract workers to fulfill tasks is left to the contractor’s discretion (keeping in mind tasks are usually repeated at 3 intervals per day). The intent is for the first Task Order to be Awarded along with Contract Award in order to cover the first year (365 days) with the possibility of future Task Orders covering remainder of contract period. There is a possibility that one or all positions could increase or decrease due to Mission need throughout the life of this IDIQ contract. The intent of this contract is to use, food service workers at each location of performance (Fort Harrison & Miles City) on a full-time basis and (approximately 60 to 40 hours a week).

This is a non-personal services contract and it is the intention that the VA will not manage or supervise contractor’s employee(s). It is up to the contractor to determine how many employees are needed to perform the below list of duties. The VA feels that one contracted employee, on duty at a time, per location, is sufficient. It is recommended that additional staff be available to fill-in should a contracted employee not show up, get sick and have to go home, or need to take leave.

Locations of Performance

Two locations within the Montana VA Health Care System (MTVAHCS):

Fort Harrison VA Medical Center 3687 Veterans Drive (Building 150) Fort Harrison, MT 59636 Miles City Living Center (CLC) 210 South Winchester Miles City, MT 59301

A. Workers to be Provided Contractor shall provide qualified staffing services for the specifications listed below. Overtime and/or Holiday pay is not included within this contract and will not be paid by the Federal Government. All Service Contract Act/Labor Hours rules & regulations must be followed in accordance with location(s) of service.

Line Item #1: Fort Harrison, Tray prep and assembly: to be performed 3 times a day covering Breakfast, Lunch, & Dinner at the times of 6:00am-6:50am, 11:00am-11:50am, & 4:00pm-4:50pm (Thursday, Friday, Saturday, Sunday, & Monday) 5 days a week (to include holidays).

Line Item #2: Fort Harrison, Tray Delivery, Tray Pick-up via Food Cart, and Wash Dishes: to be performed 3 times a day covering Breakfast, Lunch, & Dinner at the times of 6:50am-8:00am, 11:50am-1:00pm, & 4:50pm-6:00pm (Thursday, Friday, Saturday, Sunday, & Monday) 5 days a week (to include holidays).

Line Item #3: Fort Harrison, Cleaning (per cleaning checklist): to be performed 5 times a day at the times of 8:00am-9:00am, 9:45am-11:00am, 1:00pm-2:00pm, 2:45pm-4:00pm & 6:00pm-6:30pm (Thursday, Friday, Saturday, Sunday, & Monday) 5 days a week (to include holidays).

Line Item #4: Fort Harrison, Kitchen Prep/Restock: to be performed 2 times a day at the times of 9:00am-9:45am & 2:00pm-2:45pm (Thursday, Friday, Saturday, Sunday, & Monday) 5 days a week (to include holidays).

Line Item #5: Miles City, Tray prep and assembly: to be performed 2 times a day covering Lunch, & Dinner at the times of 11:00am-11:50am, & 4:00pm-4:50pm (Thursday, Friday, & Monday) 3 days a week (to include holidays).

Line Item #6: Miles City, Tray Delivery, Tray Pick-up via Food Cart, and Wash Dishes: to be performed 2 times a day covering Lunch, & Dinner at the times of 11:50am-1:00pm, & 4:50pm-6:00pm (Thursday, Friday, & Monday) 3 days a week (to include holidays).

Line Item #7: Miles City, Cleaning (per cleaning checklist): to be performed 3 times a day at the times of 1:00pm-2:00pm, 2:45pm-4:00pm & 6:00pm-6:30pm (Thursday, Friday, & Monday) 3 days a week (to include holidays).

Line Item #8: Miles City, Kitchen Prep/Restock: to be performed 1 time a day at the time of 2:00pm-2:45pm (Thursday, Friday, & Monday) 3 days a week (to include holidays).

Line Item #9: Miles City, Tray prep and assembly: to be performed 3 times a day covering Breakfast, Lunch, & Dinner at the times of 6:00am-6:50am, 11:00am-11:50am, & 4:00pm-4:50pm (Saturday & Sunday) 2 days a week (to include holidays).

Line Item #10: Miles City, Tray Delivery, Tray Pick-up via Food Cart, and Wash Dishes: to be performed 3 times a day covering Breakfast, Lunch, & Dinner at the times of 6:50am-8:00am, 11:50am-1:00pm, & 4:50pm-6:00pm (Saturday & Sunday) 2 days a week (to include holidays).

Line Item #11: Miles City, Cleaning (per cleaning checklist): to be performed 5 times a day at the times of 8:00am-9:00am, 9:45am-11:00am, 1:00pm-2:00pm, 2:45pm-4:00pm & 6:00pm-6:30pm (Saturday & Sunday) 2 days a week (to include holidays).

Line Item #12: Miles City, Kitchen Prep/Restock: to be performed 2 times a day at the times of 9:00am-9:45am & 2:00pm-2:45pm (Saturday, Sunday) 2 days a week (to include holidays).

All breaks/lunch will be taken during Cleaning Timeslots (Line Items 3, 7, & 11). Breaks will not be longer than 15 minutes and lunch not longer than 30 minutes.

Fort Harrison hospital bed capacity: Average day facility will have 35-40 patients requiring meals with max capacity being 53 beds.

Miles City CBOC bed capacity: Average day the facility will have 50-55 patients requiring meals with max compacity being 60 beds.

The contracting company will carefully pre-screen all personnel prior to referral to the facility to assure that they possess all the required skills and abilities to perform the assigned tasks. The personnel provided shall meet the minimum qualifications, education, and experience required for the job to be performed. The contracting company will assure that all personnel will have:

i. Safety shoes (slip resistant/waterproof/composite toe) must be worn on duty.

ii. Face masks (no: bandanas, neck fleece, neck gaiters, no masks containing exhalation valves or vents) must be worn within the medical facility.

iii. ServSafe - Food Handler Certificate (renew every 3 years) Certificate must be provided to the Contracting Officer Representative (COR) within 30 days of contract award.

1-a. Services required of Kitchen Contract Worker: The vendor will provide staff that are able to perform tasks that include tray prep, food assembly, tray delivery, dishwashing, food prep, stocking and general kitchen cleaning per cleaning schedule. If any task is completed early kitchen contract worker would revert to working on cleaning list provided in work area.

Staff should be able to complete cold food prep such as cold salads, fresh fruits and vegetables including slicing, dicing and chopping. Staff should be able to also assemble food/menu items such as individual nourishments, entrees, meats, starches, vegetables, breads, salads, desserts, beverages, condiments, tray ware, and serving utensils. Staff should be able to place specified items on trays as listed on patient diet card and menus according to established portions. Staff should be able to deliver meal trays to patient wards and behavior heath unit (BHU) dining room on campus. Staff should be able to break down, clean, and restock tray line after tray service. Staff should be able to perform variety of tasks in the dish-room, such as, scraping trays, sorting, stacking, racking tray ware for loading into the dish-machine, and pulling clean tray ware from the dish-machine. Staff should be able to place clean pots and pans in designated areas. Staff should be able to empty trash from kitchen areas to the waste receptacle located outside near receiving dock. Also, staff should be able to assist cook assigned to the ingredient control room, unload truck and store food deliveries and supplies in walk-in refrigerators/freezers, and dry storage areas. This includes date marking items, verifying full shipment received, and perishables are in good condition before signing off with delivery vendor.

1-b. Additional requirement for Miles City CBOC, during transitioning to a new facility (estimated for April 1, 2021), food will be delivered to the new facility from our current facility during this transition. Contracted food service workers may be required to help load and unload food, ride in food truck, and deliver food to alternate location (for an estimated timeframe of 1 month) at which time the entire VA Kitchen and kitchen staff will move to new location (approximately 7 miles from current location).

Contractor shall conduct fingerprint-based background checks and employment reference checks for selected personnel to be initiated on or before the start date of assignment. Contractor will immediately remove employees upon unfavorable [violence, sexual abuse, unfavorable discharge from another position. “an unfavorable background check would result if there were unresolved or resolved issues (depending on outcome) related to pre-employment conduct such as issues related to alcohol, criminal activity, financial delinquencies, etc. or if the applicant was dishonest in the investigation process.”-per HR] background checks. Our number one priority is the safety of our Veterans and MTVAHCS employees. All agencies shall adhere to federal, state, and privacy protection laws when conducting background checks and provide the required waivers, authorizations, notices, disclosures, and releases. If the contractor uses an outside company to conduct background checks, the contractor shall only use registered, licensed investigators. All agencies shall strictly adhere to all state and federal laws with respect to discrimination in employment and shall not discriminate against any individual based on race, color, religion, gender, sexual orientation, marital status, national origin, age, or disability.

B. Miscellaneous Contractor shall be responsible for communicating safety practices, benefits, and timecards to its employees. The contracting company shall be responsible for all payroll withholding requirements and shall provide all benefits required by law to each personnel. The contracting company will not charge the VA for Overtime or Holiday pay, worked. This funding should be included in the original hourly bid to cover this additional pay if applicable. Personnel shall remain the employee of the contractor and shall not receive Veterans Administration/facility benefits.

C. Information Security/Privacy Requirements Contractors, Contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

Personnel will not be allowed near Veterans or any Veteran information until background check is complete and the below referenced trainings are complete. The following trainings require certification within the first month of beginning work with MTVHS:

VA Privacy and Information Security Awareness and Rules Behavior Privacy and HIPPA Focused Training

B.3 Quality Assurance Surveillance Plan (QASP)

Quality Assurance Surveillance Plan (QASP) Food Service Workers Montana VA Health Care System

CONTRACT PERFORMANCE MONITORING:

Monitoring of contractor’s performance shall be demonstrated through Direct Observation. The COR and/or the alternate COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

CONTRACTOR MONITORING BY SERVICE: (QASP)

At the time of contract award, the Contracting Officer will appoint a COR and the alternate COR to assist with the contract monitoring requirements. The COR (and alternate COR if appointed) will monitor such items as quality of service, timeliness of performance, customer service, cost control, and business relations. The COR will ensure that services are performed and be responsible for handling service-related requirements necessary for patient care, the Mission of VHA.

The services provided will be monitored through a variety of mechanisms, including but not limited to:

Observation Random Inspection of services provided

The Government may evaluate the quality of professional and administrative services provided; but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for inspections and/or testing methods), in accordance with FAR 37.401(b).

The delegated COR (and/or alternate COR) will notify the Contracting Officer of any non-compliance immediately upon his/her gaining knowledge of any such situation or incident. Initial communication may be communicated by telephone. After such communication, the COR (and/or alternate COR) will provide a written/electronic statement to the contracting officer along with any supporting documentation regarding the performance failure noted.

A summary evaluation of the contractor performance will be forwarded to the contracting officer annually prior to exercising any option year(s) and could affect positive CPARS (Contract Performance Assessment Reporting System) or other Past Performance Ratings.

PERFORMANCE REQUIREMENTS MATRIX:

Time of lateness or no-show of employee will be deducted from total monthly invoice Positive or Negative Past Performance Report

Non-compliance forwarded to CO.

Positive or Negative Past Performance Report

POC contact accessibility Non-compliance forwarded to CO.

Positive or Negative Past Performance Report

B.4 COVID Health Requirements Employee Physical Health: Contractor's employees are expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract who are not in good physical health or pose a risk to patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract and shall be free of illness before returning to work. All employees will be screened daily upon arriving on the VA Medical Center property, any contract worker complaining of or showing symptoms will be sent away and must quarantine for 14 days (unless they provide a Doctor’s note stating they are able to work and are not contagious).

If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies.

The CDC states that employees, including contractors, with symptoms of influenza-like illness at work during a pandemic should leave the workplace. The CDC provides guidance for the workplace which OMB references in their COVID-19 guidance. The CDC recommends that employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be sent home immediately. Additionally, if the employee is asymptomatic but tests positive, the employee should be sent home immediately. The responsible Contracting Officer must be notified immediately.

It is incumbent upon the contractor to familiarize themselves with Oklahoma’s state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://coronavirus.health.ok.gov/ https://www.oklahoma.va.gov/

B.5 Invoicing Information Contractor Payment Requests Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp

· Tungsten e-Invoice Setup Information: 1-877-489-6135

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

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

· Current PO# must be included on all submitted invoices (or they will not be processed)

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

Fort Harrison, Tray prep and assembly, as per the PWS, 5 days a week (to include holidays).

Contract Period: Option 1 POP Begin: 11-01-2020 POP End: 10-31-2021

Fort Harrison, Tray Delivery, Tray Pick-up via Food Cart, & Wash Dishes, as per the PWS, 5 days a week (to include holidays).

Fort Harrison, Cleaning, as per the PWS, 5 days a week (to include holidays).

Fort Harrison, Kitchen Prep/Restock, as per the PWS, 5 days a week (to include holidays).

Miles City, Tray prep and assembly, as per the PWS, 3 days a week (to include holidays).

Miles City, Tray Delivery, Tray Pick-up via Food Cart or Delivery Truck, & Wash Dishes, as per the PWS, 3 days a week (to include holidays).

Miles City, Cleaning, as per the PWS, 3 days a week (to include holidays).

Miles City, Kitchen Prep/Restock, as per the PWS, 3 days a week (to include holidays).

Miles City, Tray prep and assembly, as per the PWS, 2 days a week (to include holidays).

Miles City, Tray Delivery, Tray Pick-up via Food Cart or Delivery Truck, & Wash Dishes, as per the PWS, 2 days a week (to include holidays).

Miles City, Cleaning, as per the PWS, 2 days a week (to include holidays).

Miles City, Kitchen Prep/Restock, as per the PWS, 2 days a week (to include holidays).

Fort Harrison, Tray prep and assembly, as per the PWS, 5 days a week (to include holidays).

Contract Period: Option 2 POP Begin: 11-01-2021 POP End: 10-31-2022

Fort Harrison, Tray Delivery, Tray Pick-up via Food Cart, & Wash Dishes, as per the PWS, 5 days a week (to include holidays).

Fort Harrison, Cleaning, as per the PWS, 5 days a week (to include holidays).

Fort Harrison, Kitchen Prep/Restock, as per the PWS, 5 days a week (to include holidays).

Miles City, Tray prep and assembly, as per the PWS, 3 days a week (to include holidays).

Miles City, Tray Delivery, Tray Pick-up via Food Cart or Delivery Truck, & Wash Dishes, as per the PWS, 3 days a week (to include holidays).

Miles City, Cleaning, as per the PWS, 3 days a week (to include holidays).

Miles City, Kitchen Prep/Restock, as per the PWS, 3 days a week (to include holidays).

Miles City, Tray prep and assembly, as per the PWS, 2 days a week (to include holidays).

Miles City, Tray Delivery, Tray Pick-up via Food Cart or Delivery Truck, & Wash Dishes, as per the PWS, 2 days a week (to include holidays).

Miles City, Cleaning, as per the PWS, 2 days a week (to include holidays).

Miles City, Kitchen Prep/Restock, as per the PWS, 2 days a week (to include holidays).

Fort Harrison, Tray prep and assembly, as per the PWS, 5 days a week (to include holidays).

Contract Period: Option 3 POP Begin: 11-01-2022 POP End: 10-31-2023

Fort Harrison, Tray Delivery, Tray Pick-up via Food Cart, & Wash Dishes, as per the PWS, 5 days a week (to include holidays).

Fort Harrison, Cleaning, as per the PWS, 5 days a week (to include holidays).

Fort Harrison, Kitchen Prep/Restock, as per the PWS, 5 days a week (to include holidays).

Miles City, Tray prep and assembly, as per the PWS, 3 days a week (to include holidays).

Miles City, Tray Delivery, Tray Pick-up via Food Cart or Delivery Truck, & Wash Dishes, as per the PWS, 3 days a week (to include holidays).

Miles City, Cleaning, as per the PWS, 3 days a week (to include holidays).

Miles City, Kitchen Prep/Restock, as per the PWS, 3 days a week (to include holidays).

Miles City, Tray prep and assembly, as per the PWS, 2 days a week (to include holidays).

Miles City, Tray Delivery, Tray Pick-up via Food Cart or Delivery Truck, & Wash Dishes, as per the PWS, 2 days a week (to include holidays).

Miles City, Cleaning, as per the PWS, 2 days a week (to include holidays).

Miles City, Kitchen Prep/Restock, as per the PWS, 2 days a week (to include holidays).

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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 is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.