36C26119Q0488-002.docx

36C26119Q0488

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 SI

GN 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. SIGN

ATURE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR

LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

593-19-1-741-0002 36C26119Q0488 04-08-2019 Olivia Duarte 559-228-5382 04-16-2019 12:00 pm PST Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721 X X 541930 $7.5 Million X N/A X Department of Veterans Affairs VA Southern Las Vegas Health Care System 6900 N. Pecos Rd.

North Las Vegas NV 89502 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page

NOTES:

This solicitation is set aside 100% for SDVOSB.

All SDVOSB must be registered and verified in https://www.vip.vetbiz.gov Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendum s included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

Submit all proposals electronically to:

olivia.duarte@va.gov See CONTINUATION Page X Mark J. Mikus Contract 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 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK (SOW)

Sign Language Interpreter Service

1. 1. General Procedure: The Contractor shall provide all labor, supplies, supervision and transportation required to perform American Sign Language (ASL) Interpreter Services for the VA Southern Nevada Healthcare System (VASNHS), Las Vegas, NV.

2. Scope:cope

The VA Southern Nevada Healthcare System (VASNHAS) requires the use of an American Sign Language (ASL) Interpreter to provide reasonable accommodation to hearing impaired/deaf employees. Interpreter will translate for the hearing impaired as needed. Contractor will see/hear confidential information pertaining to employee’s employment status, Veteran/Patient medical history, current treatments, etc. Contractor must maintain the highest level of confidentiality with respect to these matters.

Work will be performed in various VA Southern Nevada Healthcare System facilities in Las Vegas, Nevada and surrounding suburbs.

Predominant location:

North Las Vegas VA Medical CenterVA South Nevada Healthcare System 6900 North Pecos Road, North Las Vegas, NV 890816

Additional work may be performed at the following locations, Pahrump Clinic 220 South Lola Lane Pahrump, NV 89048

Laughlin Rural Outreach Clinic 3650 South Point Circle, Building D, 2nd Floor, Suite 200 Laughlin, NV 89029

Northeast Primary Care Clinic (NE PCC) 4461 East Charleston Blvd Las Vegas, NV 89104

Northwest Primary Care Clinic (NW PCC) 3968 North Rancho Drive, Las Vegas, NV 89130;

NE PCC,

4461 East Charleston Blvd, Las Vegas, NV 89104;

Southeast Primary Care Clinic (SE PCC), 1020 S. Boulder Highway, Henderson, NV 89015;

Southwest Primary Care Clinic (SW PCC, ) 7235 South Buffalo Drive, Las Vegas, NV 89113

3. Transportation:

Transportation charges for Contractor’s service personnel will not be billed or paid under the resulting contract.

4. Period of Performance:

All services are to be furnished for the base period of one (1) year with the Government’s option to extend services for four (4) additional one (1) year option periods.

5. Option Years:

The Government is not obligated to exercise option years contained herein. Option years will be evaluated prior to the expiration of the period in effect and, as determined to be in the best interest of the Government, may or may not be exercised (refer to FAR Clause 52.217-9, Option to Extend the Terms of the Contract) and are subject to the availability of funds.

26. Qualifications:

National Certification from RID/NIC preferred. Contractor must have advanced knowledge of American Sign Language (ASL), English, reverse interpreting, expressive interpretation and finger spelling. Contractor must possess the following capabilities: skill in interpreting for individuals with minimal language skills; knowledge of English to produce idiomatic interpretation using correct grammar and syntax; skill in interpreting to understand the information given in Sign and transfer into spoken English and vice versa.

37. Reporting:

For any interpreter service that shall be performed, the Contractor shall be contacted by the Contracting Officer’s Representative (COR) and report directly to the location requested by VASNHS Human Resources Management Service office staff. Sign Language Interpreters shall normally be provided a three-day notification or prior. There may be occasions when Sign Language Interpreters may be required to be available the same day.

The Contractor shall be notified of a cancelled assignment 48 hours prior to the scheduled assignment. If the Contractor is not notified of a cancellation 48 hours prior to the scheduled assignment, the Contractor may invoice for the number of hours scheduled for the assignment. If a Sign Language Interpreter appears for an assignment and the necessary parties fail to appear within 30 minutes, the interpreter may leave and invoice for the minimum number of hours allowed per assignment.

84. Specific Tasks.:

Specific tasks are listed below:

Serve as an interpreter in intra-, inter- and multi-departmental settings to translate and facilitate effective interpersonal communication between administrators, supervisors, representatives and others with deaf and hard of hearing employees who are familiar with manual communication/sign language. Simultaneously interprets, with equal facility in both oral and sign language; spoken English and American Sign Language (ASL). Pidgin Signed English (PSE) or Manually Coded English (MCE) is provided as required. Contractor will interpret manual languages into English as the interpersonal event requires. Oral interpretations are performed as needed for the Hard of Hearing.

Interpret either simultaneously or consecutively using either verbatim or idiomatic approaches. Interpret in meetings and training sessions as well as one-on-one meetings/session. Some interpretation will involve sensitive situations such as grievances, complaints, third-party interventions, etc., requiring a high degree of confidentiality and discretion. The majority of interpretations involve exchanging information, counseling and training, employment-related meetings and other similar situations between hearing impaired employees and their supervisors.

Interpret for hard of hearing employees engaged in applicant interview, orientation, career counseling, performance evaluation discussions, fire and safety, Director Town Hall Meetings, sexual harassment programs, mediation and dispute resolution, cultural and other programs as well as discussion with supervisors, other staff members, employee assistance situations, employee relations interactions and related activities. These include, but are not limited to, emergency situations related to health and safety, occupational health needs, and workers compensation evaluations.

Interpret for deaf/hard of hearing employees engaged in specialized meetings, seminars, or training programs that utilize technical terminology unique to professional/vocational fields found in a healthcare setting.

Interpret for deaf/hard of hearing employees at formal and informal staff meetings, so that employees have an equal opportunity for participation, information understanding, and information-sharing. Interprets and communicates concerns, problems or complaints of the employee or veteran and their families with sign language needs.

Interpret for deaf/hard of hearing employees at formal conferences and office ceremonies, or any one-on-one or group functions sponsored by VA. Such situations require simultaneous, uninterrupted platform interpreting and typically involve high-level staff and/or dignitaries as special guest speakers such as executive/management groups, director’s meetings, and medical lectures.

Receive and place telephone calls using special telephone equipment for the purpose of contact with deaf/hard of hearing individuals. Interpret voice from or for deaf/hard of hearing individuals.

Identify barriers and resolve difficult communication problems for the deaf/hard of hearing persons between supervisors and employees in the workplace. Advise supervisors and managers concerning employment policies and practices that affect disabled individuals through the supervisor. Recommendations to others may include personnel issues concerning the employment of the disabled which requires the incumbent to assist with job placement, supervisory practices and interpreting services for the deaf/hard of hearing. Provides expert advice and guidance to managers, supervisors, and co-workers on deaf cultural awareness; make recommendations for training related to deaf cultural awareness activities.

49. Performance Monitoring:

Contractor quality will be verified by the Government by written communication with hearing impaired/deaf staff to verify that information is translated accurately and understood. Feedback from supervisors may be solicited to ensure contractor is arriving timely.

5. 10. Work Hours and Government Holidays:

Normal Work Hours: VASNHS hours of operation are 7:30 AM - 4:00 PM or 8:00 AM 4:30 PM as directed.

Services shall not be performed on the following National holidays:

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

Holidays: If these holidays fall on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day post the holiday observance.

New Year’s Day - 1 January Martin Luther King Day - 3rd Monday in January Washington’s Birthday - 3rd Monday in February Memorial Day - last Monday in May Independence Day - 4 July Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veteran’s Day - 11 November Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December

116. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).:

Government Furnished Utilities. The Government will furnish electricity, water and sewage service as necessary for accomplishment of work in accordance with this contract.

Utility Conservation. The Contractor shall adhere to all base level utility conservation practices or requirements. The Contractor shall be responsible for operating under conditions that prevent waste of utilities.

Security, Fire and Medical Services. The Government will provide police and fire protection. In the event of a medical emergency local 911 service should be contacted.

Refuse Collection and Disposal. The contractor shall adhere to all VASNHS recycling programs and dispose of recyclable materials in VASNHS designated bins.

7. 12. General Information:

Traffic Laws. The Contractor and its employees shall comply with federal, local and VASNHS traffic regulations.

Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned or privately owned vehicle while on VASNHS.

Physical Security. The Contractor shall be responsible for safeguarding all government property and controlled forms provided for Contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.

Parking Policy. It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA will not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

Smoking Policy. Smoking is permitted only in designated areas on VA grounds and is strictly prohibited within VA buildings.

Cellular Phones. Cellular phones shall be turned off prior to entering the VA facility and are prohibited for use inside the building. A hands-free device shall be utilized while driving and texting while driving is strictly prohibited.

8. 13. Personnel:

The Contractor shall be responsible for the administration and management of all aspects of this contract. This includes responsibility for all Contractor employees, subcontracts, agents, and anyone acting for or on behalf of the Contractor.

The government is authorized to restrict the employment under the contract of any Contractor employee or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general well being, or operational mission of the installation and its population.

Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installation in conjunction with this contract. This shall be accomplished through the wear of distinctive clothing, overcoats, rain gear, or hats, bearing the company name or logo. The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.

Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

All Contractor personnel must follow facility guidelines and are required to wear identification (I.D.) badges during the entire time they are on the VA grounds. I.D. badges shall have an identification picture, and shall state the name of the individual and the company they represent. Badges must be worn above the waist on a lanyard or clip

The parties agree that the Contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. The Contractor shall be responsible for providing:

14. Insurance Liability:

a. Workers Compensation and Employer’s Liability: The Contractor is required to comply with applicable Federal and State worker's compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $1,000,000 shall be required.

b. General Liability:

(1) The Contractor is required to maintain bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor will be responsible for all damage to property, which may be caused by him, or any employee engaged in the performance of this contract.

c. Automobile Liability: The Contractor is required to maintain automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the U.S. shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

d. Before commencing work under this contract, the Contracting Officer may require the Contractor to furnish certification from his insurance company indicating that the coverage outlined in paragraphs (A) and (B) and (C) has been obtained and that it may not be changed or canceled without a guaranteed thirty (30) days notice to the Contracting Officer. The Contracting Officer may waive the requirement if it is determined that insurance certifications now on file are acceptable, however, new certifications shall be furnished prior to the expiration date.

15. Contractor Point of Contact.:

The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC.

The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

Point of Contact, Name:

Telephone Number:

Alternate Point of Contact, Name:

Telephone Number:

The POC shall be available by telephone Monday through Friday, between 8:00 a.m. and 5:00 p.m. excluding national holidays.

16. Privacy Act Notification

This procurement action requires the Contractor to do one or more of the following: design, develop, or operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552) and applicable agency regulations. Violations of the Act may involve the imposition of criminal penalties.

17. Security Incident Investigation:

The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

The C&A requirements do not apply, and that a Security Accreditation Package is not required.

Ensure that a Contractor Security Control Assessment (CSCA) is completed within 30 days of contract approval and yearly on the renewal date of the contract.

Ensure that the CSCA is sent to the ISO and the OCS Certification Program Office for review to ensure that appropriate security controls are being implemented in service contracts.

Ensure a copy of the CSCA is maintained in the Security Management and Reporting Tool (SMART) database. COR will provide a copy of the completed CSCA to ISO for uploading into SMART database.

11. 18. Liquidated Damages for Data Breach:

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

Each risk analysis shall address all relevant information concerning the data breach, including the following:

1. Nature of the event (loss, theft, unauthorized access);

1. Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

11. 19. Training:

a. a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems;

(2) Successfully complete the appropriate VA Privacy & HIPPA (VA10203) training in the VA Talent Management System (TMS) and annually complete required privacy training in the VA Talent Management System (TMS); and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

b. b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

All Contractor employees shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the Contractor shall be responsible for the actions of those individuals they provide to perform work for VA. The contract physicians, Physician Assistants, Nurses and Administrative Personnel who requires access to the Department of Veterans Affairs information must complete the background investigations in order to work on the contract.

Position Sensitivity - The position sensitivity has been designated as a low risk.

Background Investigation - The level of background investigation commensurate with the required level of access is Background Investigation.

Contractor Responsibilities- All costs associated with obtaining clearances for Contractor provided personnel would be the responsibility of the Contractor. Further, the Contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor will be responsible for all resources necessary to remedy the incident. The Contractor shall prescreen personnel to ensure they are able to read, write, speak and understand the English language. The Contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

FD 258, U.S. Department of Justice Fingerprint Applicant Chart VA Form 0710, Authority for Release of Information Form

The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

Government Responsibilities - The VA Office of Security and Law Enforcement will provide the necessary forms to the Contractor or to the Contractor's employees after receiving a list of names and addresses. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to Office of Personnel Management (OPM) to conduct the background investigation. The VA Office of Security and Law Enforcement shall notify the contracting officer and Contractor adjudicating the results of the background investigations received from OPM. Upon being notified about a favorable determination, the Contracting Officer may issue a notice to proceed to the Contractor.

1320. Invoice and Payment:

All invoices from the contractor shall be submitted electronically thru Tungsten Network e-Invoicing to include the following information:

0. Invoice Number and Date

0. Contract/BPA Number

0. Purchase/Delivery/Task Order

0. Obligation Number

0. Date of service

0. Line item from Schedule of Service associated with each charge

0. Net Payment Due Invoices submitted to VA FSC other than the electronic will NOT be processed for payment. Contractor may contact (877) 353-9791 for any invoice inquiries.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

American Sign Language Services (apx 40 hours needed, minimum charge/2 hours=80hr Charge+Travel) Contract Period: Base POP Begin: 05-01-2019 POP End: 04-30-2020

American Sign Language Services (apx 40 hours needed, minimum charge/2 hours=80hr Charge+Travel) Contract Period: Option 1 POP Begin: 05-01-2020 POP End: 04-30-2021

American Sign Language Services (apx 40 hours needed, minimum charge/2 hours=80hr Charge+Travel) Contract Period: Option 2 POP Begin: 05-01-2021 POP End: 04-30-2022

American Sign Language Services (apx 40 hours needed, minimum charge/2 hours=80hr Charge+Travel) Contract Period: Option 3 POP Begin: 05-01-2022 POP End: 04-30-2023

American Sign Language Services (apx 40 hours needed, minimum charge/2 hours=80hr Charge+Travel) Contract Period: Option 4 POP Begin: 05-01-2023 POP End: 04-30-2024

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 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.3 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.