36C26022R0010 WSNC RAMPS RFP.pdf

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. UEI: EFT:

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

36C26022R0010 2-16-2023

Jacob Jackson 3608162781 03-17-2023

5:00 PM PST

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X 100

X

339113

750 Employees

N/A

36C260

Department of Veterans Affairs Locations within the Western States Network Consortium catchment area.

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

The Department of Veterans Affairs seeks to establish one (1) to five (5) Indefinite Delivery Indefinite Quantity (IDIQ) Contracts to provide aluminum modular ramps for eligible beneficiaries within the Western States Network Consortium (WSNC).

See Statement of Work (SOW) for description of the requirement. See 52.212-1 for specific instructions regarding submittal of proposals.

Contracting POC: Jacob Jackson, jacob.jackson2@va.gov

The minimum guarantee of the contract(s) is $500.00.

VAAR 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran Owned Small Businesses applies to all items in this solicitation.

Krystal Weeks Contracting Officer

36C26022R0010

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019) ... 20

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 24

C.10 MANDATORY WRITTEN DISCLOSURES

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2022)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

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, Krystal Weeks Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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. If a Government Purchase Card (GPC) is used, invoices shall be sent to the cardholder who placed the order for reconciliation.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

DESCRIPTION OF REQUIREMENT

Under this agreement, the Indefinite Delivery Indefinite Quantity (IDIQ) contract holder shall provide, assemble, and conduct repairs to Modular Ramps. The Veterans Heath Administration (VHA) provides ramps for Veterans’ homes as a part of the Prosthetics Clinical Management Program. The products and services required involve the assembly and delivery of modular ramp systems to the Veteran beneficiary’s place of residence to accommodate access/egress issues at Veterans’ residences.

All VHA facilities within the Western States Network Consortium (WSNC) are authorized to order items listed on the Price/Cost Schedule. The WSNC is comprised of Veterans Integrated Service Networks (VISN’s) 17, 19, 20, 21, and 22.

VISN 17: Texas, Eastern New Mexico.

VISN 19: Montana, Wyoming, Eastern Idaho, Eastern Nevada, Utah and Colorado.

VISN 20: Oregon, Washington, Idaho and Alaska.

VISN 21: Northern California, Nevada, Hawaii Islands, Philippines Islands, Guam and American Samoa.

VISN 22: Southern California, Arizona, New Mexico, Southern Colorado

Veterans Integrated Services Networks (VISNs) - Veterans Health Administration (va.gov)

No items may be ordered off the IDIQ unless they are listed on the Price/Cost Schedule. The administering CO is the only VHA employee authorized to modify the IDIQ.

OBLIGATION OF FUNDS

This IDIQ does not obligate any funds. The Government is only obligated to the extent of authorized Task Orders (TO) issued under this IDIQ.

PRICE/COST SCHEDULE

The Contractor shall provide pricing for each item on the Price/Cost Schedule spreadsheets for each Veterans Integrated Service Network (VISN) they propose to serve (attached). All prices are FOB Destination and inclusive of all service costs associated with the delivery and assembly.

TERM OF IDIQ

This IDIQ(s) is effective from the date of award for a period of 5 years. An annual review will be conducted by the CO to determine if it is in the best interest of the Government to continue with performance of this IDIQ.

AUTHORIZED USERS

All properly warranted COs in the WSNC area are authorized to place orders under this IDIQ.

Government Purchase Cards (GPC) holders may also place orders under this IDIQ. The Contractor shall not accept or perform any order that does not contain a TO number.

ORDERING

TOs will be placed against this IDIQ using secured Email Messages, Electronic Data Interchange (EDI), secured FAX Internet portal, paper, or oral communications from authorized users. The Terms and conditions included in this IDIQ apply to all purchases made pursuant to

it. In the event of an inconsistency between the provisions of this IDIQ and the Contractor's invoice, the provisions of this IDIQ will take precedence.

PURCHASE LIMITATIONS

Individual TOs may not exceed $60,000 each.

The Price Ceiling is $93,000,000 for the total requirement.

If multiple awards are made each VISN IDIQ is valued at:

VISN 17: $24,720,000.00

VISN 19: $22,320,000.00

VISN 20: $16,120,000.00

VISN 21: $13,520,000.00

VISN 22: $16,320,000.00

CONTRACT REQUIREMENTS:

GENERAL

The Contractor shall provide all related efforts and items to supply modular ramps for Veterans as directed by ordering WSNC facilities. This section describes the services and supplies required of the Contractor and the VA work conditions relevant to the performance of this contract.

RAMP SPECIFICATIONS

All ramp systems shall be of lightweight construction, durable, with a non-slip, skid-resistant surface, rust free, easily assembled and removed, compact, and recyclable.

Regulatory Guidelines

All ramp systems shall be assembled in accordance with all applicable Federal, State, Local codes, and VHA authorizations and guidelines. While Americans with Disabilities Act (ADA) compliance is not required for residential properties, this agreement does require that submitted ramp designs will comply with ADA guidelines to the maximum extent practicable. If property restrictions prohibit strict adherence to ADA ramp guidelines, the Contractor shall communicate with the ordering official before further action will be taken.

Material Guidelines

Ramp systems shall comply with the following specifications:

a. All aluminum construction, solid ramp surface with extruded ribbed nonslip surface.

b. Standard Ramps must be 36” wide and bariatric ramps must be 48” wide.

c. Handrail gripping surfaces with a circular cross section shall have an outside diameter of 0.95” (24mm) minimum and 1.55” (39 mm) maximum. They must have a smooth, continuous gripping surface (rail junctions). Ramp handrails shall extend horizontally above the landing for 12” (305mm) minimum beyond the top and bottom of ramp runs. Extensions shall return to a wall, guard, or the landing surface, or shall be continuous to the handrail of adjacent ramp run.

d. Minimum level 5’x5’ landing surface at the door. Depending on the length of the ramp system, it may be necessary to position a landing midway of the configuration.

e. Contractor shall provide at a minimum a 3-year warranty for parts and assembly.

f. Ramps shall land on a hard level surface (a minimum of 5’x5’). Hard level surfaces include walkways, driveways, patio areas, concrete, gravel, blacktop, pavers, or other solid surface.

Grass or dirt surfaces are not acceptable landing points.

g. Resting platforms at 30’ of continuous ramping.

h. Must have a ratio of incline 4.8 degrees / 1:12 degree slope. Considerations for grade change must be made and noted on drawings.

i. All components shall not contain exposed sharp edges.

j. The base footings shall be sufficient size to adhere to pavers (if applicable).

k. The Contractor shall provide the paver stones (if required).

l. The Contractor shall provide hurricane tie-downs in areas where hurricanes are possible.

m. Equipment Recalls: upon notification of equipment recalls, the Contractor shall take the necessary corrective actions and inform the relevant ordering official or their designated COR (if applicable) in writing of all actions taken within ten (10) calendar days.

ORDERING PROCESS

The process of providing modular ramps requires several steps to ensure an acceptable level of quality. To provide Veterans with the portable modular ramp systems required, the process shall be as follows:

1. Assessment Request: an authorized individual will request that a site assessment be performed. This request will include the following:

a. Date of request

b. Name of requesting authorized user

c. Telephone number and email of authorized user

d. Requesting facility name and station number

e. Veteran’s last name and other ordering facility-designated identification code

f. Veteran’s complete address

g. Veteran’s phone number and alternate number if available

h. Proposed location of ramp (if known)

i. Additional notes or information as necessary

j. The property owner signature on the final layout/recommendation

The Contractor shall acknowledge receipt for all assessments by fax or secured email within two

(2) hours of initial notification during normal business hours (8:00am through 4:30pm) of the receiving office’s time zone. Assessment requests received after 2:31pm shall be acknowledged immediately the next business day. Service response time is calculated from the time the Contractor is notified of an individual requirement for services until the Contractor completes all activities at the Veteran’s place of residence (delivery and set-up, customer education/instructions, and clean-up). The authorized user is responsible to pay the “Assessment Fee” (listed in the Price-Cost Schedule).

2. Site Assessment: the procedures for scheduling, conducting, and reporting the site assessments shall be as follows.

a. After receiving a request for site assessment, the Contractor shall notify the Veteran beneficiary or caregiver (hereafter both referred to as beneficiary) in advance to arrange a mutually agreed upon time for an appointment to conduct the site assessment at the designated location between the hours of 7:00 am and 7:00 pm.

b. All communication with the beneficiary will be in accordance with section 6. of this PWS.

c. A date and time will be set with a four (4) hour window and Contractor shall indicate either a morning or afternoon arrival. The Contractor shall provide a local or toll-free phone number to the beneficiary if they have any questions or need to change the appointment schedule.

d. All customary and usual means of contact will be used to communicate with the beneficiary. In the event that the arrival for the scheduled evaluation is delayed (or anticipated to be delayed) beyond the four (4) hour window, the Contractor shall contact the beneficiary and notify them of the delay or need to reschedule, as well as the authorized user that ordered the assessment.

e. Upon arrival for the scheduled appointment, the Contractor shall meet with the beneficiary to determine the most appropriate location for the ramp, taking into account space requirements, topography, parking, utilities, property lines, convenience of use and impact on others living at that location. The assessor shall also determine if any additional considerations are needed in the design to accommodate Bariatric Veterans. In the event that the beneficiary is not at home when the Contractor arrives for the mutually agreed upon assessment, the Contractor shall notify the authorized user (or their designee) within 24 hours. This is to ensure that the Contractor is not held to the required three (3) business days requirement (see paragraph i).

f. Once an appropriate location has been mutually determined as suitable by the assessor and the beneficiary, the assessor will take the required measurements and sketch the area being assessed. Any obstacles, landscaping, or other factors that will affect the placement of the ramp will be noted on the evaluation sketch. A digital picture will then be taken of the proposed location from a minimum of three (3) angles to show the entrance and the surrounding area where the proposed ramp will be located.

g. The assessor shall then explain to the beneficiary the type of ramp configuration proposed based on the initial assessment to determine if there are any concerns or objections to the proposed location. If the beneficiary states no concerns at this time, the assessor shall obtain the Veteran’s signature approval of the proposed configuration. There may be instances where the Veteran’s property needs to be moved or removed prior to the assembly of the ramp system. In these cases, any and all conversations and relating information shall be documented by the Contractor and submitted with the assessment. The Contractor shall notify the authorized user (or their designee) by telephone upon discovery of safety or environmental hazards that shall prevent the Contractor from assembling the ramp system until the hazards have been corrected. The authorized user (or their designee) shall work with the Veteran to abate the condition preventing the assembly of the ramp system.

h. In the event the beneficiary and assessor do not agree on the proposed ramp location, the assessor shall contact the authorized user (or their designee) for further instructions. The assessor shall also notify the authorized user (or their designee) if it is determined that the beneficiary’s residence is not conducive to a modular ramp and warrants a vertical porch lift.

i. The Contractor shall complete and submit an assessment of the proposed site of assembly within three (3) business days starting from the next working day after receipt of request from the authorized user.

j. The assessment shall include: site pictures taken at a minimum of three (3) angles, drawing(s) showing existing conditions and layout of proposed ramp, an itemized quote of supplies and services needed for the proposed ramp assembly, and the Veteran’s signature acknowledging approval. The Contractor shall note on the assessment and contact the authorized user (or their designee) of the requirement for a permit or if authorization from a Home Owners Association (HOA) is necessary.

k. Pricing for a ramp system on the quote shall be itemized based on a per section price to include shipping and assembly fees in accordance with the Schedule of Items.

1. Permit Fees are payable at the actual price of the permit. Contractor shall submit a copy of the permit and receipt with the invoice to effect reimbursement.

2. A Permit Administrative Fee is a flat fee to be assessed when a permit is required.

This fee shall include all the associated time and effort needed to obtain the permit.

l. The authorized user shall notify the Contractor in the event a ramp assembly will not be done after the assessment has been completed.

3. Task Order: Once the authorized CO has accepted the Contractor’s quote, a TO for the equipment and assembly will be faxed or emailed to the Contractor. The Contractor shall acknowledge receipt of the TO. Under no circumstances shall the Contractor begin production, shipping, or assembly of any part of the ramp order without having a valid, signed order from an authorized user of this IDIQ.

4. Ramp Assembly:

a. The Contractor shall schedule with the beneficiary a mutually agreed upon date and time to perform the assembly of the approved ramping system. The appointment will be set, and the assembly performed within ten (10) calendar days after receipt of the order from the authorized user. The Contractor shall not deliver any material required for assembly to the Veteran’s property prior to the actual assembly appointment.

b. The Contractor shall assemble the ramp at the predetermined location at the beneficiary's home per the approved quote and specifications. Requests for additional work to be completed that do not fall within the scope of the approved ramp assembly order shall not be discussed with the beneficiary but instead referred to the authorized user that placed the order for their consideration.

c. The ramp shall be assembled in accordance with all Federal, State, Local, and VA authorization design guidelines for ramps, including slope, width, and handrails. No additional ramp components or parts will be assembled without prior authorization from the authorized user.

d. The Contractor shall be responsible for site preparation and cleanup for ramp assembly only as stated on the site assessment and approved by the authorized user.

e. Once the ramp system assembly is complete, the Contractor shall communicate, both written and verbally, with the beneficiary the safety and maintenance features of the ramp system. The Contractor shall ensure the beneficiary signs a statement acknowledging receipt of education on the ramp’s safety features, education on the proper care of equipment, and a certification statement that all work was completed to the beneficiary’s satisfaction.

f. Digital pictures shall be taken of the assembled ramp system from a minimum of three (3) angles showing the entrance, the complete system, and the grade area.

g. Upon completion, the assembly information (including the digital photos, signed statements, education provided, and a copy of the invoice) shall be sent to the authorized user (or their designee) within 3 business days.

h. The Contractor shall ensure assemblers are certified and trained for the assembly and maintenance of their ramping system and conform to the standards and service parameters contained in the PWS.

i. In the event assembly is done when there is snow ground cover, the Contractor shall return within six (6) months or after snow thaw (whichever is earlier) to determine if any adjustments are necessary for safety concerns and make them.

j. When assembly work has begun and site conditions are discovered to differ from site assessment conditions to prevent the assembly in the safe, logical, and cost-effective manner previously planned, the Contractor shall notify the authorized user no later than the next business day. The Contractor shall not discuss alternatives with the beneficiary if the ramp system cannot be assembled. The authorized user (or their designee) shall work with the beneficiary to abate the condition preventing the assembly of the ramp system.

k. Once assembled, the ramp becomes the property of the Veteran.

5. During Assembly Communications/Follow-Up:

Authorized users (or their designees) shall be able to speak with the contractor during assembly, if contacted by the beneficiary.

6. Notification and Communication: The Contractor shall refrain from discussing decisions to repair or replace equipment or any services not specifically delineated in the approved order with the beneficiary. Any concerns raised by the beneficiary outside the scope of the order shall be addressed to the authorized user or resolution.

a. The Contractor shall schedule an appointment at least one (1) business day prior to the appointment.

b. If the Contractor is unable to contact the beneficiary within a two (2) day period, or if the Veteran repeatedly fails to meet appointments, the Contractor shall contact the authorized user (or their designee) for assistance.

c. The Contractor shall use usual and customary means to make contact. Physical visitation to the Veteran’s home is not required to meet this requirement.

d. Refusal of Service – all Veterans have the right to refuse service. In the event a Veteran refuses service or orders the equipment to be removed from the home, the Contractor shall comply with the Veteran’s request only after receiving approval from the authorized user.

The Contractor shall provide a written report, which includes the Veterans signature, on the visit form indicating refusal. The Contractor shall report the specifics of the refusal to the authorized user (or their designee) in writing, within one (1) business day.

e. Contractor shall inform beneficiary that a three (3) day grace period will be given for any changes or adjustment to the ramping system due to a beneficiary concern. Adjustments will be made at no charge, but any additional materials required will be quoted to authorized CO or approval prior to assembly.

i. Obtaining permits and HOA approvals is an excusable delay for the assembly process, which will begin immediately the first business day after receipt of the permit or HOA approval.

REPORTS

1. Incident Report: All accidents, malfunctions, injuries, or deaths associated with the provision, delivery, and use of the ramp shall be reported to the authorized user (or their designee), the administering CO of the IDIQ, and equipment manufacturer (if applicable), within one (1) hour of the event. A written report shall follow within 48 hours of the incident.

2. Personnel Report: A listing of all personnel (both Contractor employees and subcontracted employees) who will interact with the beneficiary to include the date of their most recent background investigation/screening, performing services under this agreement shall be submitted to the administering CO at the start of this agreement and the ordering authorized user upon request. If any Contractor employee is terminated, the Contractor shall notify the ordering authorized user within 2 business days from the change.

3. Customer Satisfaction Report: The Contractor shall provide and collect upon completion of ramp assembly a customer satisfaction survey to beneficiaries. The report shall include identifiers noting the VISN and ordering facility. A copy of survey results shall be submitted to the authorized user (or their designee) after completion of each ramp assembly. Additionally, the Contractor shall submit quarterly reports summarizing the survey results. Both types of reports shall be sent via encrypted email, hand-carried courier, or fax. The quarterly report is due by the 5th working day after the conclusion of each quarter. The reporting quarters are as follows: October 1st through December 31st, January 1st through March 31st, April 1st through June 30th, and July 1st through September 30th.

WORKING CONDITIONS

1. Performance and Conduct: A high degree of professionalism and understanding shall be demonstrated when contact with the beneficiary is made by the Contractor. Contractor’s employees are expected to be discreet, tactful, and demonstrate concern, compassion, and patience. Some patients have physical disabilities or chronic illnesses that influence their behavior and lifestyle. Any verbal or physical abuse or unprofessional behavior or conduct toward a patient and/or caregiver shall not be tolerated. The authorized user reserves the right to request the removal of any employee from performance of services under this agreement if their behavior and/or level of services provided are not in strict accordance with agreement requirements.

2. Employee Identification: All Contractor employees shall wear identification badges when providing services at a Veteran’s place of residence. Prior to entering a Veteran’s place of residence, Contractor employees shall present a photo identification badge to the beneficiary and verbally identify themselves. The badge shall include the company’s name, employee’s name, and employee’s picture. Only Contractor’s employees or their subcontractor’s employees that have been identified in writing to the authorized user shall be allowed to provide services at a Veteran’s place of residence.

3. Site Visits: Periodic, unscheduled visits to assess completed projects may be made by the authorized user (or their designee) to monitor the Contractor's performance. Any latent defects noted shall be relayed to the Contractor for corrective action.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

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.2 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)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

C.3 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 7-01-2023 through 6-30-2028.

(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.

C.4 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 $500.00, 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 $60,000.00;

(2) Any order for a combination of items exceeding $60,000.00

(3) A series of orders from the same ordering office within 5 years that together call for quantities exceeding the price ceiling of the contract.

(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 five (5) 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.5 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 07/30/2028.

C.6 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP

2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Task-order and delivery-order ombudsman. The task-order contract and delivery-order ombudsman for VA is the Associate Deputy Assistant Secretary (ADAS) for Procurement Policy, Systems and Oversight. The VA Ombudsman shall review and resolve complaints from contractors concerning all task and delivery order actions. If any corrective action is needed after reviewing complaints from contractors, the VA Ombudsman shall provide a written determination of such action to the contracting officer. Contracting officers shall be notified of any complaints submitted to the VA Ombudsman.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency…