36C26018Q9535-001.docx

36C26018Q9535

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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

463-18-4-802-0089 36C26018Q9535 07-11 -2018 Daniel Szambelan daniel.szambelan@va.gov 07-20 -2018 3:00 p.m. PST 36C260 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662 X X 722310 $38.5 Million X N/A X Department of Veterans Affairs Alaska VA Domiciliary 3001 C Street Anchorage WA 99509 36C260 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page Services non-personal. The Contractor shall provide full food service to the Alaska VA Domiciliary in accordance with the statement of work.

Period of Performance:

Contract Base: Date of Award

- 07/31/2019 Option Year One: 08/01/2019 - 07/31/2020 Option Year Two: 08/01/2020 - 07/31/2021 Option Year Three: 08/01/2021 - 07/31/2022 Option Year Four: 08/01/2022 - 07/31/2023 This is a total SDVOSB set aside see page 42 for quote preparation instructions.

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: TBD

b. GOVERNMENT: Contracting Officer 36C260 Department of Veterans Affairs Network Contracting Office 20 5115 NE 82nd Ave, Suite 102 Vancouver WA 98662

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

FMS-VA-2(101)

Financial Services 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 PRICE/COST SCHEDULE

ITEM INFORMATION

Services non-personal. The Contractor shall provide three meals a day for the Alaska VA Domiciliary in accordance with the SOW. The average census is 45 people per meal time (plus or minus 10).

Contract Period: Base POP Begin: Date of Award POP End: 07-31-2019

Services non-personal. The Contractor shall provide three meals a day for the Alaska VA Domiciliary in accordance with the SOW. The average census is 45 people per meal time (plus or minus 10).

Contract Period: Option 1 POP Begin: 08-01-2019 POP End: 07-31-2020

Services non-personal. The Contractor shall provide three meals a day for the Alaska VA Domiciliary in accordance with the SOW. The average census is 45 people per meal time (plus or minus 10).

Contract Period: Option 2 POP Begin: 08-01-2020 POP End: 07-31-2021

Services non-personal. The Contractor shall provide three meals a day for the Alaska VA Domiciliary in accordance with the SOW. The average census is 45 people per meal time (plus or minus 10).

Contract Period: Option 3 POP Begin: 08-01-2021 POP End: 07-31-2022

Services non-personal. The Contractor shall provide three meals a day for the Alaska VA Domiciliary in accordance with the SOW. The average census is 45 people per meal time (plus or minus 10).

Contract Period: Option 4 POP Begin: 08-01-2022 POP End: 07-31-2023

Base Period Total

Option Period One (1) Total

Option Period Two (2) Total

Option Period Three (3) Total

Option Period Four (4) Total

Contract Value GRAND TOTAL

Page 1 of

B.3 STATEMENT OF WORK

STATEMENT OF WORK

Full Food Service Located at The Department of Veterans Affairs Domiciliary 3001 C Street, Anchorage, Alaska 99509

1.0. GENERAL DESCRIPTION: The contractor shall provide all labor and supervision to prepare a minimum of three meals per day to veterans at the Homeless Veterans Service (HVS) at the Domiciliary, 3001 C Street, Anchorage, Alaska 99509. Each meal shall typically be for no more than 50 residents. The contractor shall also provide personnel to facilitate the preparation of and approval of all rotating menus, serving, and cleanup of general serving/eating area in accordance with all applicable Federal, State, and local health and sanitation regulations. The contractor shall possess a current Food Service Permit issued by the State of Alaska. The contractor shall employ under the contract a "Registered Dietitian" (RD) who shall retain their "registered" status during the entire life of the contract. The contractor RD shall be available to address any food service issues and menus. The RD furnished by the contractor shall not be changed without the prior written notification to the Contracting Officer (CO). This is a Non-Personal Service.

1.1 DEFINITIONS:

Contracting Officer (CO): The responsibilities of a Contracting Officer are detailed in FAR (48 CFR) Part 1.602-2. Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract. The CO is the only individual allowed to make changes or obligate funding.

Contracting Officer's Representative (COR): A Federal employee appointed in writing, delegated limited responsibilities by a CO to perform specified contract management duties related to technical oversight and administration of a specific contract.

Point of Contact (POC): The POC is the VA staff who is directly working at the Domiciliary and who the Contractor will be working with on a daily basis.

All food shall be prepared on site at the facility in accordance with U.S. Public Health Service FDA Code current regulations.

1.2. Buffet style meals shall be placed on a self-service line for residents. Trays, tables, chairs, utensils and silverware shall be provided by the VA.

1.3. The VA shall periodically request "bagged" meals for a particular day/meal. A selective menu is required to be furnished by the contractor for all bagged meals (breakfast, lunch, and dinner) offering nutritionally equivalent options to comply with the regular meal specifications. The VA shall provide a 1-day written notice for all bagged meals requested.

1.4. The VA supplied juice dispenser shall be available 24 hours per day to patients. This shall dispense a variety of one 100% fruit juice, one sugar free beverage, and unsweetened ice tea. Flavors of juice and sugar free beverage must be served no more than two consecutive days and rotated. The equipment shall be stocked and maintained by the contractor. The contractor is responsible for dispensers’ repairs.

1.5. The contractor shall provide the following beverages and condiments which shall be available 24 hours per day: Decaffeinated coffee, regular and sugar-free hot chocolate, hot tea, herbal tea, creamer, sugar, and sugar-free sweeteners. Regular coffee should only be available from 6 am to 1:30pm. The contractor shall provide the following items which shall be available 24 hours per day: referred to as floor stock, low calorie yogurt (100 calories or less per serving), whole wheat bread (whole wheat flour as the first ingredient with each slice containing at least 3 grams of fiber), white bread, peanut butter, jelly, and sugar free jelly. The contractor shall furnish manufacturer-sealed single-serving packaged items when available.

1.6. The contractor must provide the following items at all meals: A variety of soft easy to chew fresh fruits such as oranges, bananas, grapes, pears etc. All fruit must be washed prior to serving. Salt, at least two (2) herbal salt substitutes (no potassium chloride salt substitutes), pepper, Tabasco sauce, hot sauce, ketchup, mustard, relish, low fat mayonnaise or low fat Miracle Whip, fat free salad dressings, margarine, vinegar, garlic powder, onion powder, and lemon juice. The contractor shall furnish manufacturer-sealed single-serving packaged items when available.

1.7. The contractor shall provide a variety of at least two unsweetened cold cereals (180 calories or less per serving) at breakfast. Cereal products are to be changed at least every 2 days and a variety of unsweetened cereals must be used in rotation. The contractor shall provide fresh fruit, (other than food stock), and fat free or low fat cottage cheese at all meals. Jalapeno peppers should be available upon request.

1.8. Fresh or frozen vegetables are preferred products. All canned vegetables are to be low sodium or no added salt products. All canned fruit must be packed in water or juice.

1.9. Contractor shall maintain food services during emergency situations with reasonable accommodations. If emergency shelter at another facility is necessary the contractor shall still provide sack meals for domiciliary residents at the emergency housing.

2.0. MENUS:

2.1. The contractor shall submit to the COR and VA registered dietitian two (2) six week cycle menus that are written and signed by the contractor registered dietitian; submit these menus one month prior to its implementation and allow 14 days for review and approval. One spring/summer menu cycle shall be used from April thru September. The fall/winter menu cycle shall be used from October thru March. The menus are to include the following diets: Regular (which shall utilize only healthy heart/cardiac diet recipes) and an 1800 calorie diet. The VA shall provide the contractor written notice of the type of diets and number of total meals needed/ordered one day in advance.

2.2. All menus must be evaluated annually and signed by the contractor's supplied RD.

Menus shall be in a format that shall be easy to read for residents. Menu changes ordered by the VA shall be implemented within 30 calendar days of the request. Portions must be listed using common measurements such as cups/tablespoons/teaspoons and using ounces-only for meat/fish and liquids. Menus shall be in a format that shall be easy to read for residents. Menu changes ordered by the VA shall be implemented within 30 calendar days of the request.

2.3. Menus must be carefully planned to provide essential nutrients reasonable variety and include seasonal variations. Furthermore, food served by the contractor shall be attractive, well balanced, palatable and non-repetitive. The contractor shall provide to the COR and the VA RD a nutritional analysis of each day's menu for the regular and 1800 calorie diets in order to ensure that the diet, as planned, meets nutritional adequacy and is consistent with the dietary guidelines. The contractor shall post the menu and nutrition analysis in the resident dining area for all meals on a daily basis.

2.4. Only non-starchy vegetables are to be offered for the actual vegetable item at any meal.

2.5. Menu changes/substitutions shall be reported to the COR and the VARD on a weekly basis. A written report of these substitutions shall be submitted at each quarterly meeting in order to allow the VA to monitor the nutritional adequacy of meals served by the contractor.

3.0. SPECIAL DIETS:

3.1. Special diets shall be in accordance with the diet order which may include between meal snacks or nutritional supplements. Special diets with unique requirements due to religious preference and health conditions shall be prepared as prescribed by VA provider or VA dietitian. The contractor shall provide these when requested by the VA at no additional charge to the Government. Examples include but are not limited to: menu alternatives for food allergies, vegetarian diets, lactose intolerance, nutritional supplements and other requests based on veteran's nutritional needs.

3.2. The VA shall provide a Diet Manual to serve as a reference for ordering special/therapeutic diets and standards for nutrition. The Diet manual shall also serve as a reference for menu and recipe preparation. The standards for nutrition therapy shall be in accordance with the most recently recommended Dietary Reference Intakes (DRI) for essential nutrients.

4.0. FOOD SERVICE OPERATION: The contractor shall be responsible for setup, serving and clean-up for all meals. The contractor shall provide overall orientation for residents or staff that shall assist with serving, clean-up and/or dishwashing for all meals. The contractor shall be ultimately responsible for ensuring that high standards of sanitation, cleanliness and safety are maintained during meal service operation. The contractor shall be responsible to clear and clean all dining room tables and chairs or benches within 5 minutes after they are vacated to ensure a timely flow of patrons.

5.0. SANITATION/SAFETY:

5.1. The contractor shall maintain a clean and sanitary environment and adhere to safe kitchen practices, including all relevant OSHA standards and guidelines, to prevent injuries and accidents. The contractor shall ensure that all residents and/or staff involved in serving, clean-up and/or dishwashing follow correct procedures to ensure proper sanitation and safety.

5.2. Contractor personnel shall be free of any contagious, infectious or communicable disease while on the premises, and the contractor shall educate said personnel on sanitation, infection control and kitchen safety. The contractor shall provide documentation to the CO evidencing that the aforementioned education was provided to new contractor personnel prior to them beginning at the facility under this contract.

5.3. The contractor shall ensure that ready to eat foods are prepared with no bare-hand contact, except when foods are being washed.

5.4 Upon receipt the contractor shall promptly store perishable and semi perishable subsistence. Store frozen and chilled items at specified temperatures. This includes, but is not limited to: storage of bulk foods, refrigerated food, leftovers, perishables, etc. The contractor shall prepare foods on surfaces that are cleaned and sanitized. All meats and poultry shall be cooked and prepared at the proper temperatures ensuring the food is thoroughly cooked throughout.

5.5 First In First Out: The contractor shall ensure the oldest food items are issued first, except when the condition of an item dictates earlier use.

5.6 The contractor shall ensure all employees meet all personal hygiene requirements to include but not limited to; clean hands and fingernails at all times, proper hair and facial grooming, hair restraints, proper smoking restraint, etc.

5.7 The contractor shall clean and sanitize all food service equipment and cookware to remove food particles, other soil, grease and cleaning or sanitizing agent residue to the standards set forth in this contract.

6.0. QUALITY STANDARDS:

6.1. The foods, supplies, materials, equipment and services provided under this contract shall be in compliance with all Federal, State and Municipal health regulations and standards. The contractor shall provide a representative to be available, as needed, to answer questions, explain meal preparation, service, and so forth during planned inspections. This representative shall demonstrate a familiarity with applicable, Joint Commission standards, for the service provided.

6.2. The COR, per the direction of the CO, shall conduct bi-weekly audits to determine whether or not the contractor is adhering to contract requirements. The VA may perform these audits more frequently, if needed, to ensure contract compliance. The COR shall also validate contractor invoices, to ensure accuracy.

6.3. The COR shall conduct quarterly satisfaction surveys to assess resident satisfaction with the contractor's food service. After receipt of the surveys, the COR shall schedule a mandatory quarterly meeting with the contractor, VA RD and the contractor’s RD to discuss survey findings and resolve food service issues and any other contractual issues, including menus. The CO may elect to hold these meeting more frequently depending on the quality of the contractor's performance, and other factors.

6.4. The contractor RD must schedule a meeting with the domiciliary resident veterans, POC and VA RD quarterly to discuss any food service questions or concerns. There should be at least a 2-week written notice provided prior to this meeting to maximize the number of attendees.

7.0. PROFESSIONALISM:

7.1. The contractor shall provide professional services, while maintaining decorum between the contractor, patients and staff. Normal interactions between individuals are both accepted and expected matters of courtesy; however, the escalation of relationships beyond what is customary and acceptable between employees and patients is prohibited. It is therefore mandated that the following be strictly adhered to. The contractor must assure that its personnel:

7.1.1. Display courtesy, professionalism and respect towards patients, staff and visitors while on premises.

7.1.2. Refrain from fraternizing with patients in the program and after they leave the program, if the employee is still employed by the contractor or otherwise providing services under this contract.

7.1.3. Avoid private conversations, individual meeting on or off-grounds, giving rides in personal vehicles, talking on the telephone for personal reasons, individually accepting or giving gifts, etc.

7.1.4. Do not engage in any conversations related to alcohol or drug use.

7.1.5. Refrain from any behavior that could be considered sexual harassment.

7.2. These standards of professional behavior are not negotiable. The contractor shall share culpability if, at any time, the contractor's personnel do not comply with the requirements. In the event of noncompliance, the Government shall take disciplinary actions that include written admonishment, personnel dismissal, and if repeated offenses are committed without corrective action by the contractor, contract default. Patient care is a priority at our facility and personnel, both VA and contract employees, are held to high standards of conduct when interacting with patients. Please instruct any personnel you intend to use for this contract and assure their understanding of, and their ability to comply with these standards.

7.3 Removing objects from refuse for personal use is unauthorized. Contractor Personnel may request items through unit designee. Violations are grounds for termination.

8.0. GOVERNMENT FURNISHED PROPERTY:

8.1. A kitchen facility and the major appliances listed in Attachments (Appliance List). The contractor shall have primary use of the kitchen for storage of food, condiments and serving supplies, but the Government requires access, with advance notice, for staff and residents to prepare food for special occasion/events, (i.e., birthdays, holidays, special guests).

8.2. All Plates, silverware and glass accessories for a complete table service shall be provided by facility.

9.0. SPECIAL REQUIREMENT:

9.I. The vendor shall provide a test tray for evaluation purposes when requested by the COR, VA dietitian or designee at no additional cost to the Government for purposes of evaluating the food.

9.2. The VA dietitian, POC, or COR may sample any item or meals at any time.

9.3 Contractor shall provide all cleaning and sanitation chemicals, dish clothes, detail towels and all paper goods.

10. CONTRACTOR PERSONNEL:

10.1. All contractor and subcontractor personnel working on the Government facility shall display at all times a VA issued identification badge. The contractor shall coordinate with the CO immediately after contract award to obtain identification badges for all such workers.

10.2. The contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose. The contractor shall be responsible for protecting its personnel furnishing services under this contract.

10.3. The offeror shall check at the time of hiring, and periodically thereafter (at least once every month) to ensure that employees performing services under this contract, who must use vehicles in performance of said contract, have a current and valid vehicle operator's license issued by the Alaska Department of Transportation.

10.4. To ensure that the individuals providing services under the contract have not engaged in fraud or abuse in accordance with Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services-Office of Inspector General (HHS/OlG), List of Excluded Individuals/Entities on the OIG Website (http://www.hhs.gov/oig) for each person providing services under this contract. During the performance of this contract, the contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

10.5 The contractor shall provide an interpreter if English is not the primary language of the workers. The interpreter shall be on site at all times.

11. VEHICLES: The vehicle used in the performance of this contract must be licensed and meet the minimum requirements as mandated by the state/county/city in which performance occurs.

12. UNIFORMS: The contractor is responsible for cleaning the uniforms of its employees.

13. COMPUTERS: The contractor is able use their own computer and printer that shall not be hooked up to the VA's network system but to the contractors system. No Veteran information shall be used or stored on the contractor's computer system.

14. SECURITY CONSIDERATIONS:

14.1 All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information or access to VA facilities. Contractor staff is required to obtain PIV badges, as they shall be accessing the VA facility for more than 6 months. The background investigation includes the following requirements: 1) Completed documentation 2) Fingerprints 3) Completion of OPM’s e‐QIP Questionnaire. The Contractor is required to fulfill all of the security requirements. The Contractor, upon completion of fingerprinting, and an initial suitability determination, may be authorized tentative access to start the performance period of the contract, but only on condition of completion of all security requirements. This requirement is applicable to all subcontractor personnel requiring the same access. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days.

HIPAA Responsibility: Contractor agrees to comply with the requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Notwithstanding anything to the contrary in this contract, all individually identifiable health information shall be treated as confidential by the parties in accordance with all applicable federal, state, or local laws and regulations governing the confidentiality and privacy of individually identifiable health information, including but without limitation, HIPAA and any regulations and official guidance promulgated there under , and the parties agree to take such additional steps and/or to negotiate such amendments to this contract as may be required to ensure that the parties are and remain in compliance with the HIPAA regulations and official guidance.

14.2 HIPAA Compliance – Health Insurance Portability and Accountability Act of 1996: the successful contractor shall be required to be in compliance with HIPAA requirements and will be required to sign a Business Associate Agreement with the VA. A copy will be maintained in the contract file and with the Privacy Officer.

Contractor Employee Security and HIPAA Training: Contractor must certify that all employees working on this contract have received VA Information Security Awareness and VHA Privacy Policy Training. This training can be accessed on line through the VA Talent Management System found at https://www.tms.va.gov. Proof of training is required via printed certification of completion and must be provided to the CO/COR. The CO or COR will provide the details required for obtaining the VHA Privacy Policy Training.

In accordance with VHA Directive 6500.6, Appendix D, Contractor Rules of Behavior, each contractor must read and sign the VA National Rules of Behavior prior to gaining any access to VA information and/or information systems. Contractors must initial and date each page of the copy of the VA National Rules of Behavior, they must also provide the information requested on the last page, sign and date it.

These requirements will be maintained in a contractor employee file by the CO/COR for each contractor employee working on the contract.

14.3 Key Control: The contractor shall establish and implement methods of ensuring that all keys/key cards issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. (NOTE: ALL REFERENCES TO KEYS ALSO INCLUDE KEY CARDS. NO KEYS ISSUED TO THE CONTRACTOR BY THE GOVERNMENT SHALL BE DUPLICATED. THE CONTRACTOR SHALL DEVELOP PROCEDURES COVERING KEY CONTROL THAT SHALL BE INCLUDED IN THE QUALITY CONTROL PLAN. SUCH PROCEDURES SHALL INCLUDE TURN-IN OF ANY ISSUED KEYS BY PERSONNEL WHO NO LONGER REQUIRE ACCESS TO LOCKED AREAS).

14.3.1 The contractor shall immediately report the occurrences of a lost of duplicate key to the contracting officer.

14.3.2 In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon written direction of the contracting officer, rekey or replace the affected lock or locks; however, the government, at its option, may replace the affected lock or locks or perform rekeying. When the replacement of locks or rekeying is performed by the government, the total cost of rekeying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the government and the total cost deducted from the monthly payment due the contractor.

The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor’s employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. Government doors required to be locked and secured at all times, will not be propped open at any time.

15. Business hours The contractor shall maintain the operating hours for the dining facilities are Contractor Personnel shall be readily available 7 days a week at the site from 0700-1900. Concessions are made for religious holidays, at the discretion of the US, when it does not interfere with operations.

Monday - Friday 0700-0800 AM Breakfast 1200-1:00 PM Lunch 5:00- 6:00 PM Dinner

(Weekends) 0800-0900 AM Breakfast 1200-1:00 PM Lunch 5:00-6:00 PM Dinner

16. Administration:

16.1 Facility Orientation: An initial orientation of the facilities will be conducted by the COR at the start of the contract. The contractor shall be responsible for conducting orientation for new employees thereafter.

16.2 Accident Reporting: In the event of an accident on Department of Veterans Affairs property or involving Government personnel or property, the contractor shall contact the VA police immediately. A report shall be provided to the CO and COR in writing that shall include the following:

(c) A list of personnel directly involved

(d) A narrative or description of the accident to include chronological order of the events and circumstances

(e) Corrective action to prevent future occurrences

B.4 PERFORMANCE INSPECTION CHECKLIST SEE ATTACHMENTS

SECTION C - CONTRACT CLAUSES

LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

C.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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…