36C26022Q0365.docx

36C26022Q0365

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C26022Q0365 04-19-2022 Andrew O'Neal 360-852-9861 04-29-2022 12:00

PDT

36C260

ATTN: V4CONT

Network Contracting Office 20 1601 E. Fourth Plain Blvd Vancouver

WA

98661 X 485310 $16.5 Million Net 30 Days N/A X 360663 Department of Veterans Affairs Puget Sound VA Healthcare System 1660 S. Columbian Way Seattle

WA

98108 36C260

ATTN: V4CONT

Network Contracting Office 20 1601 E. Fourth Plain Blvd Vancouver

WA

98661

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 See CONTINUATION Page Contractor shall provide Taxi Services in accordance with the Statement of Work at the VA Puget Sound Healthcare System - Seattle Division The Government intends to award a single award Indefinite Delivery Indefinite Quantity (IDIQ) five-year contract.

Individual bulk funded task orders will be issued by the NCO 20 Contracting Office.

Period of Performance (POP): Date of Award - 04/30/2027 Quoter's must submit all required documents stated in Quotation Submission Checklist in Section E.3, to be eligible for award.

This procurement is being competed in accordance with FAR Part 13 Simplified Acquisition Procedures.

$0.00 See CONTINUATION Page X X X Ross Byrne 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 36C260

ATTN: V4CONT

Network Contracting Office 20 1601 E. Fourth Plain Blvd Vancouver WA 98661

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.

Dept 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 ORDERING PROCEDURES

An initial Task Order for Services will be issued by the VA Contracting Officer at the beginning of the contract’s period of performance. The Task Order will be emailed to the Contractor. The VA anticipates funding one Task Order per 12-months. If the value of a particular Task Order needs to be increased or decreased, a modification will be done to the Task Order by a VA Contracting Officer. Task Orders will be bulk funded so that funds are already available when the VA requires products/services. Do not exceed the amount bulk funded without first receiving a modification. VA’s requests for services will be in accordance with the Statement of Work.

B.3 MINIMUM / MAXIMUM

In accordance with FAR 16.504(a)(4)(ii): The guaranteed minimum contract quantity is $2,000.00. The maximum quantity shall not exceed (To Be Determined). The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Dispatch Meter Passenger Transport Rate Contract Period: Base POP Begin: 04-22-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 485310 - Taxi Service PRODUCT/SERVICE CODE: V226 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Taxicab

Passenger Transport Rate

POP Begin: 04-22-2022 POP End: 03-31-2023

Passenger Wait Time Rate

POP Begin: 04-22-2022 POP End: 03-31-2023

Dispatch Meter Passenger Transport Rate Contract Period: Option 1 POP Begin: 04-01-2023 POP End: 03-31-2024

Passenger Transport Rate

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

Passenger Wait Tine Rate

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

Dispatch Meter Passenger Transport Rate Contract Period: Option 2 POP Begin: 04-01-2024 POP End: 03-31-2025

Passenger Transport Rate

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

Passenger Wait Time Rate

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

Dispatch Meter Passenger Transport Rate Contract Period: Option 3 POP Begin: 04-01-2025 POP End: 03-31-2026

Passenger Transport Rate

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

Passenger Wait Time Rate

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

Dispatch Meter Passenger Transport Rate Contract Period: Option 4 POP Begin: 04-01-2026 POP End: 03-31-2027

Passenger Transport Rate

POP Begin: 04-01-2026 POP End: 03-31-2027

Passenger Wait Time Rate

POP Begin: 04-01-2026 POP End: 03-31-2027

STATEMENT OF WORK - Taxi Service for VA Puget Sound Healthcare System (VAPSHCS) – Seattle Division

A. GENERAL:

1. This contract is for taxicab passenger delivery service. Services shall require the contractor to provide door to door service including accompanying the VA Beneficiary from the door of the pick-up point to the door of the destination.

2. The contractor shall be required to make available and/or furnish no less than (15) taxicab vehicles at any one time during the performance of this contract. This specified number of vehicles is based on the VAPSHCS’ best estimate of its average minimum need for trips to various locations at any one time and is not to be construed as either a commitment to order such numbers or as limiting the number of vehicles Which may actually be required.

3. All taxicab vehicles used to transport VA beneficiaries shall be equipped with lap and shoulder restraints along with a general first aid kit. Vehicles shall be clean and in good working condition at all times. All vehicles and equipment are subject to inspection at any time during the life of this contract.

Any vehicle that does not meet the requirements of this contract cannot be utilized in the performance of this contract.

4. The contractor shall be required to secure and maintain a for-hire licensing from the State of Washington. The contractor shall be required to obtain and maintain vehicle permits and military base Entrance passes in order to transport VA beneficiaries to and from military bases as required. All costs associated with obtaining and maintaining these passes and permits shall be the sole responsibility of the contractor.

5. The contractor shall ensure that each driver performing services under this contract maintain a valid Washington State driver’s license and complete driver’s safety training, defensive driving training, or its equivalent. Drivers and attendants alike shall be trained and have successfully completed advanced First Aid courses and cardiopulmonary resuscitation (CPR) with the American Red Cross or equivalent. All personnel performing under this contract shall be familiar working with persons who are bound to a wheelchair, disabled, elderly and/or with handicapped individuals.

B. WORK ASSIGNMENTS:

1. Orders for transportation services shall be requested telephonically or via facsimile. The following designated representatives of the VAPSHCS are authorized to make requests for services under this contract:

Exec. Director, Health Plan Management Assoc. Director, Health Plan Management Chief, Business Office Supervisor, Business Office (Seattle) Beneficiary Travel Personnel Designated Administrative Officer (AOD)

The originating and destination points shall be identified at the time the request for service is made.

Transportation needs are subject to vary depending on the needs of the VAPSHCS.

2. The contractor shall transport more than one VA beneficiary on a single trip when requested by the VA. When more than one beneficiary is transported in a single taxicab vehicle concurrently traveling to and/or from the “same locations”, the rate shall be charged as one (1) passenger transport per mile and cost for each additional passenger(s). Moreover, when more than one VA beneficiary is transported in a single taxicab vehicle concurrently traveling from the same location to “different locations”, the rate shall be charged as one (1) passenger transport based on the longest distance per mile plus the cost for each additional passenger(s).

3. The contractor shall allow a relative attendant of the VA beneficiary to accompany him/her when authorized by the POC at no additional charge to the Government.

6. The contractor shall utilize the shortest possible routes to ensure the total miles traveled shall result in the most economical charge to the Government. The use of alternate routes may be authorized in the event of unusual circumstances or reasons beyond the contractor’s control. Mileage submitted based on the use of alternate routes shall be authorized on case–by-case basis by the POC. Trip mileage shall be determined by the latest edition www.mapquest.com Standard Mileage Guide.

7. The contractor shall provide the POC with daily logs that include the names of each VA beneficiary, date, transport with or without attendant, mileage, pickup and destination points, applicable wait times, and additional passengers or pick-up/delivery service for each trip. The daily logs shall be maintained on a spreadsheet. The VA reserves the right to verify information submitted for accuracy.

8. If the contractor’s place of business is located beyond the local telephone call zone of the hospital, the contractor agrees to accept telephone orders for service on a collect basis. It is estimated that 90% of orders shall be placed by telephone.

9. When services of a hired car with attendant are needed, the attendant is not expected to administer medical aid, but to accompany the patient to provide for security and other assistance as required.

C. PERSONNEL:

1. The contractor shall instruct its personnel on the terms and conditions of this contract and shall be responsible for maintaining satisfactory work performance, conduct, and appearance by its employees.

2. The contractor shall instruct its personnel that the violation of carrying a weapon onto the Government property is punishable by arrest and confiscation of the weapon. This includes all concealed weapons with or without a permit.

3. The VAPSHCS reserves the right to refuse any contractor’s personnel from performing work under this contract that for any reason is considered by the VAPSHCS to be incompetent or otherwise objectionable.

4. The contractor’s personnel shall be expected to exercise a higher degree of patience and consideration with all VA beneficiaries while performing under this contract. The use of abusive language, altercations or any other physical or vocal disturbance directed towards a beneficiary is prohibited at all times. The contractor’s drivers shall not argue or attempt to collect payment of contracted trips from the beneficiaries. If the driver refuses to pick up a veteran, the driver shall notify dispatch so the contractor can send another taxi for pickup.

5. The contractor’s personnel shall use the necessary precautions to protect VA beneficiaries and property from injury or damage during taxicab transport. All major and minor incidents, traffic accidents, or any other mishap shall be reported to the POC immediately. A written report is required to be filed within twenty four hours of the incident/accident with a list of the contractor staff names (driver/escorts), patient’s name, any pertinent information and witnesses and shall be filed with the POC.

6. The contractor’s employees shall be required to have communication capabilities during taxicab transport. All associated costs shall be the responsibility of the contractor and shall not be charged separately under this contract.

7. The contractor shall maintain personal liability coverage while performing under this contract. Any personal injuries that occur to the contractor’s employees during the performance of contract duties shall be the sole responsibility of the contractor. Property damage that is caused by the fault or negligence of the contractor’s employees shall also be the sole responsibility of the contractor.

8. The VAPSHCS is designated as a “No Smoking” facility. The contractor shall comply with the “No Smoking” designation while performing services for the Medical Centers.

D. RESPONSE TIME:

The VAPSHCS will utilize the procedure of pre-scheduling trips to the maximum extent feasible.

The contractor shall ensure timely responses to pre-scheduled and unscheduled orders for taxicab service.

1. UNSCHEDULED TRIPS: For emergency calls, the Contractor shall be required to dispatch a vehicle within a maximum of 10 minutes from the time of the request. The contractor shall provide taxicab transportation service within forty-five (45) minutes after receiving the non-emergent service request. The VAPSHCS reserves the right to obtain service from another source and charge the contractor for any excess cost when taxicab services are not provided within forty-five (45) minutes.

The VAPSHCS will be the sole judge in determining when to order service from another source.

2. PRE- SCHEDULED TRIPS: The contractor shall arrive at the pickup point fifteen (15) minutes prior to the scheduled time to allow VA beneficiaries the time needed to board the vehicle.

Pre-scheduled trips shall be consistent, within reason, with no deviations without prior approval from the POC. The VAPSHCS reserves the right to obtain service from another source and charge the contractor for any excess cost in cases where the contractor fails to arrive fifteen (15) minutes prior to the scheduled pickup time. The VAPSHCS will be the sole judge in determining when to order service from another source.

E. WAITING TIME:

1. REQUESTED WAIT TIME: The contractor shall wait for VA beneficiaries on both or either ends of the trip as specified by the POC. Wait time for both passenger and pick-up/delivery service shall be authorized at the rate of one-fourth (1/4) the hourly rate proposed for each quarter (1/4) hour.

2. NON-REQUESTED WAIT TIME: The contractor shall wait a minimum of ten (10) minutes and a maximum of fifteen (15) minutes at any pickup point when no waiting was requested.

3. BOARDING WAIT TIME: Wait time rates shall not be authorized for passenger boarding and departing the taxicab vehicle including the extra time it may take a physically disabled VA beneficiary to board and/or depart the taxicab. EXCEPTION: If boarding difficulties arise for reasons other than a VA beneficiary’s physical condition and is not caused by the contractor’s negligence; boarding waiting rates may be authorized for each quarter hour beyond the first fifteen (15) minutes.

4. FERRY WAIT TIME: The contractor may be reimbursed for wait time lost while traveling by the Washington State Ferry System. Reimbursement shall apply to ONE WAY ONLY, at the rate of one-fourth (1/4) the hourly rate proposed for each quarter (1/4) hour. Ferry trip time shall be determined by the latest Washington State Ferry System’s published schedule.

5. NON-TRANSPORT WAIT TIME: In the event the VA beneficiary fails to show after the contractor has waited a maximum of fifteen (15) minutes, and the dispatch results in no beneficiary or package being transported at no cause, fault, or negligence of the contractor, the contractor shall be authorized payment equal to one (1) unit price at the dispatch meter rate plus applicable wait time rate for a maximum of one-fourth (1/4) hour or 15 minutes. If the contractor is notified of the cancellation prior to departing its home station, no charge to the VA shall be assessed.

F. MISCELLANEOUS:

All customer complaints of poor service performed by the contractor shall be investigated by Broderick F. Cooper, COR for validation.

G. INVOICING PROCEDURES:

1. Invoicing shall be submitted no later than the fifteen (15) calendar day following the end of the month of services and are to include all contract services furnished for the preceding month. Invoices shall specify:

a. Date and time of service call;

b. Name of beneficiary requiring services;

c. Type of transportation requested;

d. Designated pick-up and delivery points;

e. Actual time of arrival at pick-up and delivery points;

f. Actual time of pickup for return rides

g. Actual waiting time at pick-up and delivery points (if waiting charges are claimed and pre-authorized.)

h. Toll and Ferry charges

All invoicing rendered by the Contractor to the VAPSHCS for contract services furnished in accordance with this contract shall be in full and neither the beneficiary nor any other party shall be required to bear the burden of additional payments, surcharges, tips or other gratuity.

2. Invoices will be reviewed and reconciled with trip tickets and travel logs. Unauthorized charges will be suspended pending investigation. Unauthorized charges are those that are being disputed or have not been pre-approved by authorized VA personnel. A final determination will be made within 30 days after notifying the Contractor of charges being suspended.

3. In accordance with VA accounting procedures and in order to provide an audit trail for questions and concerns pertaining to payment, the Contractor shall be furnished a Purchase Order number at the beginning of each option year. This number must be on the electronic invoice in Tungsten/OB10 form.

VA FSC and Tungsten/OB10 Vendor Guide: The Department of Veterans Affairs (VA) e-Invoicing initiative is with Tungsten/OB10 inc., a preferred service provider for e-Invoicing on behalf of the VA. We appreciate your support and hope this e-Invoicing guide helps you to efficiently use Tungsten/OB10 as VA intends it to be used. The goal of this initiative is to reduce overall processing time and ensure you, the vendor, are paid as quickly as possible in compliance with the Prompt Pay Act.

There are several Business Processes that may need to be implemented to allow E-Invoicing to work effectively:

· Registration and set-up of VA Academic Affiliate Disbursing Agents in the Tungsten E-Invoicing System

· Reconciliation of Trainee Activity with Academic Affiliate Disbursing Agent Invoices before payment occurs

· Review and data check of Invoice to assure that the E-Invoice has all the necessary data fields completed in order to process for payment

· Submission of E-Invoices by Academic Affiliate Disbursing Agents to Tungsten system

· Certification of E-Invoices by VA Fiscal or Education Service Contacts

· VA Financial Service Center (FSC) Phone: 1-877-353-9791 E-mail: vafsccshd@va.gov

· Tungsten/OB10 Client Services Phone: 1-877-752-0900 Option 2 E-mail: VA.Registration@tungsten-network.com

· Tungsten/OB10 Support Phone: 1-877-489-6135 Website: Tungsten/OB10

4. All invoicing rendered by the Contractor to the PSHCS for contract services furnished in accordance with this contract shall be in full. NEITHER THE BENEFICIARY NOR ANY

OTHER PARTY SHALL BE REQUIRED TO BEAR THE BURDEN OF ADDITIONAL

PAYMENTS, SURCHARGES, TIPS OR OTHER GRATUITY.

5. Invoices shall be sent to:

· Tungsten/OB10 - receives E-Invoices from the vendor and transmits them to the VA FSC

· Financial Services Center (FSC) - notifies VA that E-Invoices are ready for certification in OLCS (Online Certification System)

· VAMC certifying official for these invoices through OCLS either:

1. authorizes payment,

2. changes purchase order or rejects the invoices

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin, TX 78714-8971

NOTE: Copies sent here for verification

CONTRACT ADMINISTRATION

1. The Contracting Officer is responsible for the administration of this contract. The successful Contractor is advised that ONLY the Contracting Officer has authority to make changes affecting

· Contract prices and pricing issues

· Estimated quantities

· Delivery terms and conditions

· Term of the contract

2. In no event shall any understanding, agreement, modification or change order between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government.

3. Point of Contact. The Contractor shall indicate the person(s) whom the PSHCS may contact during the term of this contract concerning matters pertaining to the contract in the space provided below.

Primary POC Name Phone Number

Email Address Alternate POC

Name Phone Number

Email Address

I. DEFINITIONS:

CO / Contracting Officer: The person executing this contract on behalf of the Government and the only person authorized to make changes to the contract.

POC: Person or persons authorized to act for the Contracting Officer within the limits of his / her authority.

VAPSHCS / VA Puget Sound Health Care System: 1660 South Columbian Way; Seattle, Washington, 98108 DISPATCH METER RATE: The initial rate for dispatching a taxicab. This is the amount that appears when the meter is turned on at the pickup location.

PASSENGER TRANSPORT RATE: The rate charged per mile for the distance traveled transporting beneficiaries of the Veterans Affairs Puget Sound Healthcare System (VAPSHCS).

TRIP: A trip is defined as the distance traveled “One Way”.

WAIT TIME: The rate at which the taxicab driver charges to wait for a VA beneficiary at either point of the trip.

WAIT TIME RATE- PICK-UP/DELIVERY SERVICE: The rate the taxicab driver charges to wait for the pickup and/or delivery of items required by the VAPSHCS.

ATTENDANT: A qualified person furnished by the contractor to accompany a VA beneficiary to or from the required trip. Charges shall apply as one (1) flat rate (one-way) for each attendant.

WAIT TIME WITH ATTENDANT: The rate charged for a contractor-furnished attendant to accompany and wait with the VA beneficiary at either point of the trip.

ADDITIONAL PASSENGERS: The additional charge for more than two VA beneficiary passengers per trip. Exception: No additional passenger charge shall apply for personal care attendants (including family members) authorized by the VAPSHCS to accompany physically disabled VA beneficiaries.

SEATTLE: Includes but is not limited to Western Washington. Approximately ninety percent (90%) of the trips will be within the geographical area of King County.

PRESCHEDULED TRIPS: All orders placed with the contractor with a minimum of eight (8) hours advance notice.

FEDERAL HOLIDAYS: New Year’s Day, Martin Luther King Jr. Birthday, Washington’s Birthday, Juneteenth Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any day determined by the President of the United States to be a Federal Holiday.

36C26022Q0365

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

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 Schedule. Such orders may be issued from through .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause) C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

[] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR…