36C25921Q0194.docx

36C25921Q0194

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25921Q0194 02-17-2021 Frankie Emler Frances.Emler@va.gov 918.577.3923 03-23-2021 15:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee

OK

74401 X X 621112 $12 Million N/A X Department of Veterans Affairs Sheridan VA Health Care System 1898 Fort Rd.

Sheridan, WY 82801

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Honor Heights Drive Muskogee

OK

74401

Financial Service Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Psychological Evaluations for VA Police Officers at Sheridan VA Health Care System, WY.

The Offeror in block 17a certifies that

1. it is an SDVOSB concern, eligible under VAAR subpart 819.7003, and

2. it remains small for the size standard set for this RFQ

3. is recognized as valid by Center for Verification and Evaluation (CVE) in VIP database at:

https://www.vip.vetbiz.va.gov See CONTINUATION Page X X 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 Monica Gary

Network Contracting Office

NCO 19

1011 Honor Heights Drive Muskogee OK 74401

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 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 Payment requests may be impacted if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13.

B.3 CONTRACT TYPE

This is a firm-fixed price (FFP), indefinite quantities (IDV or IDIQ) contract.

B.4 ESTIMATED QUANTITIES and PRICE SCHEDULE OVERVIEW Sheridan VA Health Care System (Sheridan VAHCS) estimates that it will require services that cover 16 individuals (VA Police) every 12 months, from date of award, with a maximum of 22 individuals (VA Police) every 12 months as hiring efforts increase. This includes screening, testing and reports.

The maximum aggregate ceiling value for this indefinite quantity contract are the estimated quantities listed in each item of the Price/Cost Schedule, including all possible extensions of services, per FAR clause 52.217-8 Option to Extend Services (“Maximum Ceiling Value”). [Dollar amount to be updated at time of award.]

The Government does not guarantee that it will place any order under this contract in excess of the Guaranteed Minimum Award Amount.

The Guaranteed Minimum Award Amount will be psychological evaluation services covering 16 individuals (VA Police) across items 1001 and 1002 of Contract Pricing Period One. [Dollar amount to be updated at time of award.]

B.5 PRICE/COST SCHEDULE

Contract Period of Performance: contract award to March 31, 2026.

There are no option periods on this contract and orders will be placed by funded task orders issued by the Contracting Officer. Refer to FAR clauses 52.216-18, -19 and -22.”

ITEM INFORMATION

First Day Services - Psychological Evaluation Services at Sheridan VAHCS to include travel and accommodations on-site, in Sheridan, for one-days’ worth of sessions, in accordance with the PWS.

“One-days’ worth of sessions could entail anywhere from ONE to FIVE individuals (VA Police), including screening, testing and resultant reports for each individual”.

The total unit price of one job covers up to 5 individuals.

CONTRACT PRICING PERIOD ONE

POP Begin: Date of Award POP End: 03/31/2022

ADDITIONAL DAY - Psychological Evaluation Services at Sheridan VAHCS on-site in Sheridan for one-days’ worth of sessions, in accordance with the PWS. This is a flat rate for each additional day following the First Day of services. Includes a minimum of one SCREENING, TESTING AND RESULTANT REPORT on ONE individual.

CONTRACT PRICING PERIOD ONE

POP Begin: Date of Award POP End: 03/31/2022

First Day Services - Psychological Evaluation Services at Sheridan VAHCS to include travel and accommodations on-site, in Sheridan, for one-days’ worth of sessions, in accordance with the PWS.

“One-days’ worth of sessions could entail anywhere from ONE to FIVE individuals (VA Police), including screening, testing and resultant reports for each individual”.

The total unit price of one job covers up to 5 individuals.

CONTRACT PRICING PERIOD TWO

POP Begin: 04/01/2022 POP End: 03/31/2023

ADDITIONAL DAY - Psychological Evaluation Services at Sheridan VAHCS on-site in Sheridan for one-days’ worth of sessions, in accordance with the PWS. This is a flat rate for each additional day following the First Day of services. Includes a minimum of one SCREENING, TESTING AND RESULTANT REPORT on ONE individual.

CONTRACT PRICING PERIOD TWO

POP Begin: 04/01/2022 POP End: 03/31/2023

First Day Services - Psychological Evaluation Services at Sheridan VAHCS to include travel and accommodations on-site, in Sheridan, for one-days’ worth of sessions, in accordance with the PWS.

“One-days’ worth of sessions could entail anywhere from ONE to FIVE individuals (VA Police), including screening, testing and resultant reports for each individual”.

The total unit price of one job covers up to 5 individuals.

CONTRACT PRICING PERIOD THREE

POP Begin: 04/01/2023 POP End: 03/31/2024

ADDITIONAL DAY - Psychological Evaluation Services at Sheridan VAHCS on-site in Sheridan for one-days’ worth of sessions, in accordance with the PWS. This is a flat rate for each additional day following the First Day of services. Includes a minimum of one SCREENING, TESTING AND RESULTANT REPORT on ONE individual.

CONTRACT PRICING PERIOD THREE

POP Begin: 04/01/2023 POP End: 03/31/2024

First Day Services - Psychological Evaluation Services at Sheridan VAHCS to include travel and accommodations on-site, in Sheridan, for one-days’ worth of sessions, in accordance with the PWS.

“One-days’ worth of sessions could entail anywhere from ONE to FIVE individuals (VA Police), including screening, testing and resultant reports for each individual”.

The total unit price of one job covers up to 5 individuals.

CONTRACT PRICING PERIOD FOUR

POP Begin: 04/01/2024 POP End: 03/31/2025

ADDITIONAL DAY - Psychological Evaluation Services at Sheridan VAHCS on-site in Sheridan for one-days’ worth of sessions, in accordance with the PWS. This is a flat rate for each additional day following the First Day of services. Includes a minimum of one SCREENING, TESTING AND RESULTANT REPORT on ONE individual.

CONTRACT PRICING PERIOD FOR

POP Begin: 04/01/2024 POP End: 03/31/2025

First Day Services - Psychological Evaluation Services at Sheridan VAHCS to include travel and accommodations on-site, in Sheridan, for one-days’ worth of sessions, in accordance with the PWS.

“One-days’ worth of sessions could entail anywhere from ONE to FIVE individuals (VA Police), including screening, testing and resultant reports for each individual”.

The total unit price of one job covers up to 5 individuals.

CONTRACT PRICING PERIOD FIVE

POP Begin: 04/01/2025 POP End: 03/31/2026

ADDITIONAL DAY - Psychological Evaluation Services at Sheridan VAHCS on-site in Sheridan for one-days’ worth of sessions, in accordance with the PWS. This is a flat rate for each additional day following the First Day of services. Includes a minimum of one SCREENING, TESTING AND RESULTANT REPORT on ONE individual.

CONTRACT PRICING PERIOD FIVE

POP Begin: 04/01/2025 POP End: 03/31/2026

B.6 PERFORMANCE WORK STATEMENT

36C25921Q0194

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PURPOSE: Sheridan VA Health Care System, WY, requires the contractor to provide psychological evaluations for VA Police Officer’s to determine if the Officers can perform the duties of a Police Officer, in accordance with this PWS, in an efficient and cost-effective manner, supporting the VA mission.

LOCATION: Services are performed at the location identified in block 15, page 1 of SF 1449.

This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the PWS and shall be considered employees of the Contractor. Contractor shall furnish all labor, materials, parts, equipment, tools, shipping, transportation, insurances, licenses, certifications and supervision necessary to provide services in accordance with this Performance Work Statement (PWS). The Contractor is responsible for all charges and fees related to disposal. For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

QUALIFIED CONTRACTOR:

To fully qualify in performing services on this contract, and per this PWS, the Contractor must demonstrate, and maintain throughout the life of the contract, the following qualifying requirements:

1. be a licensed psychologist/psychiatrist who specializes in the examination/determination of law enforcement psychological suitability, and

1. be psychologists who are currently Board-Certified Specialist in Police and Public Safety.

If Contractor elects to use a subcontracted psychologist/psychiatrist, the same qualifying requirements in 1) through 5) above apply to the subcontracted psychologist/psychiatrist. Contractor must provide current psychologist/psychiatrist qualifying certifications to the Contracting Officer (CO) and COR upon award and provide immediate written notice to the CO and COR within 5 days following any change in certification, applicable to this contract and PWS. This includes any change in qualifying requirements for all subcontracted psychologist/psychiatrist.

TASKS and REQUIREMENTS:

1. The Contractor must be a licensed psychologist/psychiatrist who specializes in the examination/determination of law enforcement psychological suitability.

2. The Contractor must be psychologists who are currently Board-Certified Specialist in Police and Public Safety.

3. The Contractor must be able to make fitness determinations of whether an officer will be psychologically suitable for hire (initial assessments) or to continue employment with an incumbent (annual assessments). Contractor must have a vast testing ability to cover multiple factors in making determinations.

4. The Contractor is required to conduct the same test batteries for all applicants. Annual psychological interviews will consist of the same questions for all incumbents. In order to standardize procedures as much as possible, it is recommended that a limited number of psychologists/psychiatrists be delegated the responsibility to conduct these evaluations. Initial written assessments will also be followed by a face to face specialized interview. The Contractor must use a set list of questions for all initial interviews and allow the applicant to address any answers which raise concerns to fitness. The contractor will utilize this process for hiring recommendations to SVAHCS HR and Occupational Health.

5. The contractor must contact SVAHCS Occupational Health prior to any testing taking place. The contractor making a recommendation for additional psychological testing, must communicate articulable reason(s) to question the officer’s capability of performing the duties of a police officer during the psychological assessment. Once approval is received from SVAHCS Occupational Health, then the contract may move forward with additional testing. If the incumbent is found to be psychologically unfit by the contractor, he/she must contact SVAHCS Occupational Health immediately to provide verbal results and will have a written report sent to ECHS Occupational Health within 24 hours of completion of the exam.

6. The contractor must contact the applicant/employee with appointment date/times via phone call or email and provide the contractor location with required forms via mail. Further, the contractor shall email completed exam forms/documents to Human Resources/Occupational Health to be documented/stored, as required, within the VA system within seven (7) calendar days post examination. The Contractor must maintain all raw test material, interview notes and other material developed by the psychological evaluation by the contractor.

7. The Contractor must schedule an appointment with the employee and inform the Local VA POC of the appointment. Contractor will inform the Local VA POC of any employee no-show, cancellations. Contractor will notify Local VA POC of reschedules for applicants. Contractor will inform incumbent police officers they will not reschedule appointments without approval from the Local VA POC prior to making any scheduling changes. The Sheridan VA Health Care System will schedule a period of two months for the contractor to perform services of the contract. All exams for the year will be performed in this period with no other work being performed outside this period except for new hires which the contractor will perform throughout the year at the hospitals request. The Contractor must complete annual examinations in the month schedule without any deviation.

Psychological Testing for Officers:

Candidates and incumbents must meet certain functional requirements prior to a job offer or continued employment with the Department. Written psychological testing for applicants and an annual law enforcement specialized psychological interview will be used for incumbents are used to determine whether or not a candidate/incumbent is able to meet those specific functional requirements. In order to meet the specific behavioral functional requirements for the successful police officer the applicant must:

a. Possess a high level of personal integrity

b. Be able to maintain control of anger and emotionality

c. Be compassionate towards others, especially those who cannot care for themselves

d. Be willing and able to quickly respond to emergency situations

e. Have respect for authority and the rule of law

f. Be emotionally able to apply physical and possibly lethal force as needed, and to recognize when such force is necessary, but in strict accordance with training and policy requirements.

g. Be able to often work independently, but within a regimented group structure.

Required: Written reports provided by the contractor will assess all the above.

· The use of psychological screenings primary objective for VA police officers are to screen out emotionally unstable and/or unsuitable officers, and to identify positive psychological characteristics associated with successful hob performance. Emotional stability, in this context, refers to symptomatology of such severity that the individual’s ability to meet the functional requirements of the position, including the carrying and use of firearms, would be impaired. A mental health diagnosis, on its own, cannot be used as a basis for a determination of instability. Suitability, in the psychological screening context, refers to personality characteristics pertinent to an individual’s performance in the job and includes interpersonal skills, judgment, decision-making and integrity. Each evaluating psychologist will determine, based on his/her clinical judgement, the exact subset of dimensions to be assessed while adhering to the police officer functional requirements as outlined through a-g in paragraph 4 above.

· At least two objective psychological tests will be administered, one normed against healthy individuals drawn from the general population to assess suitability for work as a police officer and a second measure normed against a clinical population to evaluate significant psychological dysfunction (i.e., emotional stability). SVAHCS has identified the following two tests for use with applicants: Sixteen Personality Factor Questionnaire (16PF) and Minnesota Multiphasic Personality Inventory (MMPI latest version). However, based on an approved additional testing the contractor will make a decision on what instrument to use from available testing sources in making a decision of suitability of the incumbent during annual examinations.

· All interview questions and testing instruments should be chosen based upon their relevance to job performance and not subject to selective cultural, gender or racial bases. If the examiner cannot demonstrate a job-related basis for the use of a particular test instrument, historical information, or interview question, it should not be used.

Background:

Department medical care facilities are protected by police officers who have arrest authority and carry firearms, as defined under Title 38 United States Code 902. VA police officers protect life and property on VA owned or operated lands and buildings. VA police officers must regularly make decisions on the appropriate application of forced during their duties. This may include potentially using deadly physical force, using a firearm or other department issued intermediate weapons.

REPORTING REQUIREMENTS:

1. The contractor must send completed exam forms/documents to the SVAHCS Occupational Health to be documented/stored as required within the VA system no later than seven (7) calendar days post examination. Exam documentation will clarify if the exam finds the officer to be “psychologically fit to carry a firearm and perform law enforcement duties” or “psychologically unfit to carry a firearm and perform law enforcement duties”.

2. Upon determination if an incumbent is psychologically unfit after additional testing as been completed, the contractor must contact SVAHCS Occupational Health to provide a verbal result immediately. The contractor shall provide a written report within 24 hours following the verbal result.

3. Written reports will address the following areas with any concerns:

a. Applicant Level – determination if the applicant will is/is not suitable for hiring

b. Interview Appearance and Behavior

c. Honesty/Integrity

d. Commitment to the agency

e. Employment functioning

f. Social interpersonal/communication skills

g. Judgment/decision-making

h. Ability to comply with laws and rules

i. Anger management

j. Impulse control

k. Stress management

l. Wellness behaviors

m. Emotional Stability

n. Evidence of Bias

o. Areas of concern and recommendations for further investigation

p. A chart of assessment categories as listed b-m to easily identify if the are “no concern”, “some concerns” or “significant concerns”.

CONFIDENTIALITY AND NONDISCLOSURE:

1. Contractor shall comply with all applicable records management laws, and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act, (44 U.S.C. CFR, 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974, (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transportation, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for government use and delivered to, or falling under the legal control of, the government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA)(5 U.S.C. 552), as amended, and the Privacy Act of 1974 (U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or crated in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. SVAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of SVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to SVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor must immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to SVAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor must only use Government IT equipment for purposes specifically tied to or authorized by the contractor and in accordance with SVAHCS policy.

7. The Contractor must not create or maintain any records containing any non-public SVAHCS information that are not specifically tied to or authorized by the contract.

8. The Contractor is required to not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

9. SVAHCS owns the rights to all data and records produced as part of the contract. All deliverables under the contract are property of the U.S. Government for which SVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

10. TRAINING: All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

SCHEDULING ARRANGEMENTS: Upon contract award, the contractor shall coordinate with the local VA POC to schedule services to occur at the location mentioned above. Contractor shall confirm all scheduling agreements in writing with the local VA POC; preferably by email. The contractor is responsible for performing services during standard business hours, unless authorized by the local VA POC, and at no additional charge to the government.

STANDARD BUSINESS HOURS: Standard business hours at this location occur between 8:00am to 4:30pm, Monday through Friday, excluding Federal holidays.

FEDERAL HOLIDAYS: Federal holidays are any calendar days designated by statute or executive order as federal holidays, and as presented on the OPM website for the respective year in which services are to be performed. Refer to U.S. Office of Personnel Management, at OPM.gov. Federal holidays consist of New Year's Day, Martin Luther King Jr's birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas. Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday. In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal Holiday.

CHECK IN/OUT PROCEDURES: Prior to commencement of and immediately after each service visit the Contractor or Contractor’s authorized representative must check in and out with the local VA POC. Only individual VA Engineering Services staff, as delegated by the local VA POC, can coordinate check in and check out procedures for the Contractor in the absence of the local VA POC. Due to heightened security requirements, the Contractor or Contractor’s authorized service representative will be required to wear an ID Badge which will be signed for upon arrival and turned in when leaving. All Badges must be worn at or above the waist and facing forward. This badge must be turned in before leaving the premises; otherwise the person signing for it will be required to pay for the unreturned ID badge. When at the location, all contractor personnel must be accompanied by the local VA POC, or those VA Engineering Services staff, as delegated by the local VA POC.

Contractor Point of Contact (POC) Upon contract award, the Contractor shall specify an individual who shall serve as a single point of contact (POC) for all Contract related business. Contractor must provide the local VA POC and Contracting Office with the POC contact details, to include cell phone and email, as a minimum. The POC must be easily accessible by phone.

Local VA Representatives Upon contract commencement, the Contracting Officer will notify the Contractor of a local VA staff to act as a point of contact assigned to this contract. Contractor shall only respond to requests for service from the VA locally assigned POC, as written in this contract, or the CO. If service is requested from any source, other than the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. The Government reserves the right to inspect and test services in accordance with this PWS and the Contract.

Authority to Make Changes The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Safety and Compliance:

The Contractor must perform services in accordance with:

a) local, state and federal Occupational Safety and Health guidelines and legislation, which includes Occupational Safety and Health Administration (OSHA) ;

b) local, state and federal guidelines and legislation, as well as VA Medical Center Directives and guidelines, relating to chemicals and usage of chemicals;

c) local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code); and

d) 29 CFR 1910.132, Personal Protective Equipment.

The contractor is also responsible for immediately notifying the local VA POC at the first instance a safety issue or risk is identified during the Service.

Medical Center Policies Each VA Medical Center has policies that are updated from time to time. The local VA POC can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies and constraints regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

DEFINITIONS

Acceptance Signature - local VA POC’s signature; indicates local VA POC accepts work status as stated in Service Report.

ANSI - American National Standards Institute CFR - Code of Federal Regulations CO – Contracting Officer Contractor Employees – has the same meaning as Contractor Personnel Contractor Personnel - has the same meaning as Contractor Employees COR – Contracting Officer’s Representative Labor – refer to Technically Trained Personnel, also Field Technician NFPA – National Fire Protection Association Original Equipment Manufacturer - OEM OSHA - Occupational Safety and Health Administration POC – Point of Contact SDS - Safety Data Sheet Service Report - a documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

Services – includes for equipment and components listed in this PWS and in accordance with this PWS SR –Service Report Technically Trained Personnel – are personnel and/or employees who shall be suitably knowledgeable, and have a background with appropriate use of chemicals, in order to satisfactorily perform services in accordance with the PWS. Also known as Contractor Personnel or Contractor Employees or Technicians.

UL – Underwriters Laboratories US FDA – US Food and Drug Administration VA Mission - To fulfill President Lincoln's promise "To care for him who shall have borne the battle, and for his widow, and his orphan" by serving and honoring the men and women who are America's veterans.

B.7 COVID-19 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 Wyoming’s state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://www.sheridan.va.gov/

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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.