36C25921Q0300_1.docx

36C25921Q0300

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

36C25921Q0300 03-22-2021 Monica Gary 918-577-3855 03-29-2021 13:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 X X 561612 $22 Million N/A X Department of Veterans Affairs Sheridan VA Health Care System 1898 Fort Road Sheridan WY 82801

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111

Financial Service Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Unarmed security guard services to support COVID-19 screening at Sheridan VA Health Care Services.

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 Monica Gary Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C259 Monica Gary

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 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 hourly unarmed security guard services with 24/7 coverage between 00:01 hours on April 07, 2021, and 23:59 hours on September 30, 2021.

The maximum aggregate ceiling value for this indefinite quantity contract is the estimated quantity listed in the Price/Cost Schedule, and 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 2,040 hours which covers hourly unarmed security guard services with 24/7 coverage between 00:01 hours on April 07, 2021, through 18:59 hours on June 30, 2021, from Contract Pricing Period One, as well as VA Medical Center orientation for 5 guards. [Dollar amount to be updated at time of award.]

B.5 PRICE/COST SCHEDULE

Contract Period of Performance: Date of award to September 30, 2021.

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.

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

Unarmed security guard services, per the PWS. This rate covers TWO unarmed security guards only, for one hour only, because two guards are required to be on duty every hour, 24/7, for the duration of the task order.

Estimated quantities for this item: 4,253 hours. This includes a maximum quantity of 5 hours (not to exceed). This will cover VA Medical Center orientation of no more than 10 guards during Standard Business Hours, as coordinated with the COR.

B.7 PERFORMANCE WORK STATEMENT (PWS)

UNARMED SECURITY GUARD SERVICE

PURPOSE: Sheridan VA Health Care System (SVAHCS) requires a qualified contractor to provide professional and courteous, uniformed and unarmed security guard services, in accordance with this PWS. Services must be accomplished in a cost effective, safe, efficient, secure and responsive manner for the VA and in support of the VA Mission. Services are required for the period of performance and at the location outlined in this PWS.

Period of Performance: refer to the Price Cost Schedule of this contract and each respective order placed against this contract.

Location: Services are performed at the location identified in block 17, page 1 of SF 1449 of this contract.

Professional Provider of Commercially Available Off-the-shelf (COTS) Services: The Contractor shall furnish all contract oversight, management, Technically Trained personnel, uniforms, equipment, tools, materials, supplies (including PPE), licenses, insurances and transportations necessary to provide commercial Security Guard Services for Sheridan VAHCS, in accordance with this email. 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.

Contractor Employees and Subcontractors: 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 this requirement and shall be considered employees of the Contractor.

Qualifications: Contractor must maintain qualifications for the term of this contract, as outlined below. A qualified contractor is one who meets the following requirements:

1. Maintains current certifications, registrations and licensures as required by Federal, State or Local laws regarding operation of this type of service, and

1. Security guards assigned for performance in services must meet generally accepted national standards for the security industry.

Security Guards Minimum Qualification Standard:

1. Education/Experience:

1. Shall possess a high school diploma or equivalency, and have two (2) years’ experience demonstrating the ability to meet and deal with the general public and the ability to maintain poise and self-control under stress;

1. Shall demonstrate the ability to read, understand and apply printed rules, detailed orders, instruction, and training materials;

1. Shall demonstrate the ability to construct and write clear, concise, accurate and detailed reports;

1. Shall be literate in English to the extent of reading and understanding printed regulation, detailed written orders, training instruction and material, and shall be able to compose reports which convey complete information in a clear and concise manner, but accurate and detailed of incidents occurring on his/her tour of duty.

2. Health and Physical Fitness Requirements: All employees assigned by the Contractor to work under this contract shall:

1. Be capable of detaining person(s) while VA or Police are notified;

1. Possess binoculars with vision correctable to 20/30 (Snellen);

1. Be capable of hearing ordinary conversation at 15ft with either ear without benefit of a hearing aid;

1. Be physically able to perform all general duties, functions, and activities as outlined in this SOW;

1. Be in good general health without physical defects or abnormalities, which would interfere with the performance of these duties;

3. If requested by the COR and CO, the Contractor must provide the medical certification demonstrating each employee satisfies the criteria in 2.a. through 2.e. above.

Tasks and Requirements: Contractor must provide two uniformed and unarmed guards to perform screening services 24/7 at the entrance to the Sheridan VA medical center. This means 2 guards are needed for every shift around the clock, every day, including Federal holidays.

Contractor must dress in uniform, matching attire reasonably suitable to outdoor unarmed security guarding duties. Contractor personnel shall always wear professional uniforms while in the performance of his/her duties. The color of the Contractor’s guard force uniforms shall be a color in general use by large guard or police organizations. All employees performing under this contract shall wear the same color and style of uniform. Female members of the guard force shall wear appropriately styled uniforms. Appropriately lettered breast and cap badges, indicating the jurisdiction from which authority is obtained, shall be worn as part of the uniform (providing such authority is grantable under state and local laws). Shoulder patches lettered to indicate the identity of the Contractor shall be worn on the left shoulder of the uniform jacket and shirt. Identification nametags shall always be worn over the right breast shirt pocket. No other identification of the Contractor or employee shall be worn or displayed on the uniform. Polo shirts are acceptable within the conditions above.

The Contractor is permitted to place trailer at the entrance to the VA. The Contractor has elected to place trailer. This trailer will be positioned about 2 miles down the driveway at the Sheridan VAHCS, at the entrance to the facility. A portable lavatory is on site for use by the Contractor. Contractor vehicles and equipment must be parked or positioned in areas, as designated by the COR, and must not hinder other traffic or hinder other VA facility services. The following are the requirements for the Contractor’s trailer.

Trailer Safety and Environmental Requirements:

1. When trailer is towed to VA facility, it must be considered road worthy with all state & local inspection requirements being met as required.

2. The trailer must be environmentally friendly where it doesn’t pose a hazard due to existing leaks of fluids of any type that would contaminate grounds such as gasoline, hydraulic fluid, brake fluid etc.

3. The trailer must be safe for use as far as being built to code and not modified in such a way which violates NFPA, electrical or any other standard which applies to said equipment.

4. The trailer shall be free of visible hazards which pose a safety threat to persons of its intended use. This would include things such as trip hazards, sharp objects, incomplete construction etc.

5. If it uses a heating natural gas or propane heat source, it must have adequate ventilation to mitigate any risk to staff while inside.

6. Trailer must have a Contractor provided fire extinguisher.

1. The location of new trailer must be placed in same location as VA’s trailer is currently located.

1. The Contractor is responsible for providing generator for new trailer. The VA’s generator that is currently in use, will be returned when new trailer arrives on property.

1. The Contractor is responsible for providing heating/cooling & water for unarmed security guards.

1. If Contractor’s trailer becomes inoperable Contractor will be responsible for repairs.

1. Sheridan VA will continue to provide a light tower; any additional lights will be the responsibility of Contractor.

1. The Contractors trailer must have a professional appearance and does not appear as if someone is camping in front of VA. Refer to sample photos below of what has been acceptable as a professional appearance.

1. The trailer must be portable and leave with the Contractor; wheels must remain on trailer or it must fall within the requirements of SHPO (State Historical Preservation Office).

1. The trailer should be no longer than 10 – 12 ft.

REMOVAL OF CONTRACTOR’S EQUIPMENT: Contractor is responsible for the timely removal of the trailer from VA premises, as agreed upon with the COR and CO, but not to exceed a 24-hour period after completion of service performance. Contractor must leave the Government property in the same condition as it was when the contractor commenced the contract and established contractor property on-site.

General Guard Duties: Assignments for all locations shall include but are not limited to the following:

1. Observation: Observe all personnel entering the facility/grounds when suspected of carrying weapons, showing hostility, or being unauthorized personnel (e.g., children unaccompanied by adults, or solicitors).

2. Customer Service: Meet and deal with the general public in a manner that promotes a

a) positive image of the SVAHCS. Maintain poise and self-control under stress. Although there will be cordial conversation with the visitors, such contacts shall be brief. Security guards shall not allow personal conversation or activity to interrupt traffic flow. Security guards will be required to ask all personnel entering SVAHCS property specific questions and screen their answers for possible further screening processes.

3. Emergencies: In the case of an emergency condition the guard shall respond in

a) accordance with the SOP, SVAHCS provided training and the Contractor’s provided training. Remaining calm and professional is the minimal expectation. If the security guard in response to an emergency is required to leave the post in order to comply with SVAHCS or Law Enforcement directives, the time away from the duty post will not be

b) considered as a failure of the Contractor to provide services.

4. Traffic: direct traffic (vehicle and/or pedestrian) in and around the COVID-19 checkpoint at the main road entrance. Ensure the traffic pattern/flow into the checkpoint area is safe and controlled.

5. Unauthorized access: Discover and detain (per Contractor policy in conjunction with VA policy) persons attempting to gain unauthorized access to the property.

6. Hazardous conditions: Security Guards will be required to work outside in changing climate conditions. Also, around generator/traffic noise and fumes from vehicle exhaust.

7. Civil disturbances: Perform other functions as necessary in the event or occurrence of civil disturbances or other criminal acts adversely affecting the security and safety of the

a) Government, its employees, property and the general public lawfully on buildings or on the grounds of the Government.

8. Injury or illness: Obtain professional assistance in accordance with procedures in the SOP in the event of injury or illness to Government employees or others while in the building or on the grounds.

Location Specific Guard Duties:

1. SVAHCS COVID-19 Checkpoint: The post requires continuous standing and walking in the area to ensure visibility and deterrence. Also, to stop, screen and assess all vehicle and pedestrian traffic, according SVAHCS SOPs.

a) Directs visitors, patients, deliveries to various parts of facility grounds or buildings

b) Inspects approved U.S. Gov’t identification or credentials or approved roster

c) before admitting anyone.

d) In addition to diffusing any possible situations they will be providing assistance to assure the safety of the Veterans, Visitors and Employees entering and exiting the facility.

e) Maintains the safety and efficiency of traffic, as well as the safety of pedestrians while allowing COVID-19 screening tasks to proceed. The security guard will ensure motorists are following the traffic laws and observing safe driving practices.

Background Checks: Contractor employees providing services under this contract shall not have any criminal record. The Contractor shall conduct their own background checks on their employees prior to ensure suitability of performance under this contract prior to the employee’s start date. Upon request, the Contractor shall provide documentation to the Contracting Officer or Contracting Officer’s Representative (COR) of these completed background checks.

Background Investigations: All contractor employees are subject to the same level of investigation as VA employees with similar access. The VA designates this Security Guard position to be performed in accordance with this performance work statement as a Low Risk position. The level of background investigation commensurate with the level of access needed to perform the PWS is National Agency Check with Written Inquiries (NACI). This requirement shall be applicable to all subcontractor personnel requiring the same access. The Government’s conducting of background investigation on Contractor employees working under this contract shall not release the contractor from the liability to the Government for their performance and conducts. Contractor shall prescreen all personnel to ensure they are able to read, write speak and understand the English language without the use of an interpreter. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Note: this requirement is dependent on the period of performance of the resultant contract. Contracts that do not exceed an aggregate of 180 days per year in either a single continuous appointment or series of appointments are exempted.

CONTRACT OVERSIGHT BY THE CONTRACTOR

The contractor will designate in writing an employee to act in a supervisory capacity and as representative of the contractor in handling any contracted service concerns. If this person is not present on site, the contractor will designate another employee, in writing, as "acting" during the period of absence.

Contractor Representative and Point of Contact (Contractor’s Rep or Contractor’s POC): The Contractor must specify an individual who shall serve as a single point of contact for all Contract issues. Contractor must provide the COR and Contracting Office with the Contractor Representative’s contact details, to include cell phone and email, as a minimum:

a) Within 5 business days of contract award, and

b) Within 5 business days prior to a change in the Contractor’s Rep by the Contractor.

The Contractor’s Rep must be easily accessible by phone and return COR calls within 48hours of a voice message left by the COR.

Contractor’s Operations Manager (OM or OPS MGR): The Contractor shall specify an individual who shall serve as a single point of contact for all Contract operational issues on site and must be available to deal with issues during service operations. Contractor must provide the COR and Contracting Office with the OPS MGR contact details, to include cell phone and email, as a minimum:

a) Within 5 business days of contract award, and

b) Within 5 business days prior to a change in the COR by the Contractor.

The OPS MGR must be easily accessible by phone and return COR calls within 48hours of a voice message left by the COR.

If the OPS MGR is unexpectedly absent, contact details of an alternate and acting OPS MGR present on site, must be immediately provided to the COR over the phone, then followed up in writing by the Contractor’s Representative.

Changes in Personnel: Changes to Contractor personnel:

a) Adjustments to the Contractor personnel qualifications must be disclosed to the COR at least three (3) days prior to making any permanent substitutions of staff, and

b) Providing a detailed written explanation of the circumstances necessitating the proposed adjustments and any additional information requested by the COR.

c) COR and CO shall be notified in writing of changes in Contractor Management or Supervisory positions, especially OPS MGR, 7 days prior to change. Updated contact information shall be provided in writing to the COR and CO prior to effective date of change.

Replacement Contractor personnel must have comparable qualifications to those of the personnel being replaced and must satisfy the requirements listed in the Qualifications section of this PWS.

The COR will:

a) Notify the Contractor within 3 days after the receipt of all required information of the decision on the proposed adjustments.

b) Only consider changes of key personnel if notified via written communications.

CONTRACT OVERSIGHT BY THE VA

Contracting Officer’s Representative (COR): Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or 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.

Authority of the COR: 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.

Government Alternate Points of Contact (POC) – Emergencies Only: The COR will identify Alternate Points of Contact (POC) to be used only for instances of emergencies when the COR is not easily contactable. These will be individuals in supervisory or managerial roles within the VA department responsible for monitoring performance on this contract. The contractor will be provided this information within 5 days of an Alternate POC being assigned. An Alternate POC does not replace the COR nor do they replace the Contracting Officer during the performance and administration of this contract, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Contract.

Government-Furnished Property and Services: Refer to FAR clause 52.245-1. Use, misuse, or mistreatment of GFP by the Contractor for anything other than performance on this CONTRACT will be addressed by the COR and CO as an incident for the Contractor to Remedy immediately, with the potential for follow up action to be taken through legal and financial channels.

1. Standard Operation Procedures (SOP): Copies of the SOP’s for the SVAHCS shall be available at the duty post and shall contain complete duty instructions for the post and include instructions for emergency and other procedures. The SOP’s shall not be removed from Government property or reproduced or copied in any manner unless authorized by the Contracting Officer.

1. Communications: A government-owned two-way radio will be provided to communicate with the SVAHCS Police Service. A government-owned telephone shall be available for the Contractor’s staff to use to fulfill the requirements of this contract. The use of the government-owned telephones for other than SVAHCS related business is inappropriate.

Identification, Parking, Smoking, and VA Regulations: The Contractor's employees shall wear visible identification at all times while on the premises of the VA. It is the responsibility of the Contractor to park in the appropriate designated parking areas.

Information on parking is available from SVAHCS Police Service. SVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited on SVAHCS property. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Medical Center Directives and Policies: Each VA Medical Center has directives and policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed. Contractor’s must comply with posted rules and signs on federal property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

Changes: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof.

Quality Control Plan: The Contractor shall implement and maintain a complete quality control (QC) program so that all requirements are provided for as specified in all sections of this contract. The Contractor’s QCP shall include but not be limited to the following:

a) A statement describing how the Contractor will meet the basic requirements of this contract, including staffing levels and whether the Contractor has trained and qualified employees in accordance with the qualification standards listed in this SOW, shall be provided and updated whenever there is major turnover of personnel. A major turnover is two or more employees.

b) A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable. The QCP shall contain processes for corrective actions without dependence upon Government direction and shall maintain records of all Contractor QC inspections and corrective actions.

c) A method of recording or logging the activities of the Contractor, which would demonstrate the Contractor's ability to maintain the minimum requirements of this contract.

d) The Contractor shall provide quality control or assurance reports to the COR or CO upon request. The report shall include the results of the reviews, identification of problems and a correction plan.

Remedy or Rework: Rework or Remedy is defined as performing the Service again until the Purpose of this PWS is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the COR. Rework or Remedy must occur within a reasonable time, but no more than 5 business days of the notice of the rework or remedy requirement from the COR and at no additional cost to the Government.

B.8 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 state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://www.sheridan.va.gov/ 36C25921Q0300 https://covid19.wyo.gov/business Page 1 of Page 1 of

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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the…