36C26121Q1175.docx

36C26121Q1175

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTA

CHED

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. SIGNAT

URE 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

570-22-1-507-0002 36C26121Q1175 10-19-2021 Sable Williams 11-01-2021 10:00am

PDT

00261 Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086 X X 561612 $22 Million N/A X See Performance Work Statement

00261 Department of Veterans Affairs Network Contracting Office 21 Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Fresno Security Guard Services Please see PWS and schedule for additional detils.

All proposals received shall include:

1. Point of Contact information

2. DUNS #

3. Best prices available for requested services.

For Site Visits: contact Robert Soria [e]robert.soria@va.gov Site Visits should be done M/W after 1:00Pm See CONTINUATION Page X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C786 Department of Veterans Affairs Network Contracting Office 21 VA Southern Nevada Healthcare System 6900 N. Pecos Road, Building 6 North Las Vegas NV 89086

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center P.O. Box 149971

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

Page 1 of Page 1 of Performance Work Statement Parking Lot Uniformed Security Services VA Central California Health Care System

Section 1: General Information

1. 1.1 General: This is a non-personal service to provide Security Guard I and Security Guard II uniformed security guards for a separate parking lot leased by VA Central California Health Care System (VACCHCS). As non-personal services contract, these contract personnel are not to be considered VA Employees for any purpose. Contractor retains all control over personnel and responsibility for direct supervision. Contract personnel may not supervise VA Staff, but may provide direction and instruction as required by duties. Daily activity is monitored and managed by the VA Police Chief or designated alternate.

1.3 Place of Performance: Veterans Affairs Central California Health Care System 2615 E. Clinton Avenue Fresno, CA 93703

a) Parking Lot #4: The Masonic Temple parking complex, located at 3444 E. Shields Ave. Fresno, CA 93726 (Gated and Fenced).

See Attachment 1, “Parking Lot Graphics” for pictures and depiction of Area(s) of Responsibility.

1.4 Contract Line Items:

01- Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays) Contract Period: Base Quantity: 3,000 hours (250 days)

02- Supervisor Guard II - Location 1 (Monday through Friday, 12 hours per day, excluding Federal Holidays) Quantity: 3,000 hours (250 days) Contract Period: Base

03- Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays) Contract Period: Option 1 Quantity: 3,000 hours (250 days)

04- Supervisor Guard II - Location 1 (Monday through Friday, 12 hours per day, excluding Federal Holidays)

05- Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays) Contract Period: Option 2 Quantity: 3,000 hours (250 days)

06- Supervisor Guard II - Location 1 (Monday through Friday, 12 hours per day, excluding Federal Holidays)

07- Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays) Contract Period: Option 3 Quantity: 3,000 hours (250 days)

08- Supervisor Guard II - Location 1 (Monday through Friday, 12 hours per day, excluding Federal Holidays)

09- Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays) Contract Period: Option 4 Quantity: 3,000 hours (250 days)

010- Supervisor Guard II - Location 1 (Monday through Friday, 12 hours per day, excluding Federal Holidays)

1.5 Type of Contract: The government will award a Firm-Fixed Price contract.

1.6 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Contractor shall submit final invoice after the completion of repairs. Invoice shall include the Contract number, Purchase Order number, Order Date, Performance Period, Description of Services and itemized prices as negotiated.

Section 2: Definitions & Acronyms

Section 3: Government Furnished Property, Equipment, and Services:

3.1 Materials:

Items will vary based on lot and location.

3.2 Facilities:

a) Parking Lot #4: The Masonic Temple parking complex, located at 3444 E. Shields Ave, Fresno, CA 93726 – Access to Building and Restroom.

Accountability for Government Property: All non-disposable property furnished by the Government under this contract shall remain the property of the Government. Annually and upon termination of the contract, the Contractor shall conduct a joint inventory of all such property with the COR. Any property furnished by the Government to fulfill contracted requirements which is lost or damaged, resulting from improper use or negligence by the Contractor's employees, shall be repaired or replaced at the Contractor's expense, as directed by the COR.

Section 4: Contractor Furnished Items and Services Contractor should ensure all on-duty Security Guard personnel are equipped as described in Section 5.3.

Section 5: Specific Tasks and Deliverables The contractor shall provide management, supervision, personnel, back-up staff, replacement staffing, equipment, and supplies (except those items of equipment and supplies identified as provided by the Government) necessary to provide trained and certified Guard I and Guard II unarmed, uniformed guard services as defined by California Business and Professions Code Section 7582. A complete listing of all contractor personnel shall be submitted to the COR/Chief of Police for final approval. Listing shall include name, age, gender, Guard I - Guard II credentials, training dates, qualification expiration dates, physical exam results, results of criminal background checks, and results of psychological assessment. Contractor shall at all times ensure listing of personnel is updated and forwarded to COR/Chief of Police. Listing of contractor personnel shall also be forwarded to CO for contract file retention.

Security guard personnel shall have the training and skills to perform such other functions as may be necessary in the event of situations or occurrences such as civil disturbances, attempts to commit espionage, sabotage, or other criminal acts adversely affecting the security and/or safety of the Government, its employees, property, and the general public, lawfully in buildings or on the grounds under the control of the Government.

Contractor shall provide full transparency of employees to ensure each individual’s physical and mental capacity are at levels where the performance of protecting, preventing, observing, and reporting are unremitting.

Specific to Guard II qualifications; Guard II position shall possess training in dealing with hostile individuals, this includes patients or visitors who may become assaultive. Guard II must also respond and take reports, question witnesses to obtain all pertinent information for use in possible follow-up investigations. They must be able to make citizen’s arrest as appropriate, according to the law. They must also be versed in the arena of constitution rights of citizens.

5.1 Required Manning: At a minimum on-duty, one Guard I and one on-duty Supervisor (Guard II), at the parking lot location.

a) Parking Lot #4: The Masonic Temple parking complex. One Guard I licensed Security Guard and on-duty Supervisor (Guard II).

5.1.1 On a bi-weekly basis, contractor shall provide COR a rooster that depicts a listing of security guards, there are of responsibility, shift on-site supervisor, and back-up personnel for each shift.

5.1.2 RHA/Duty Hours:

Contractor shall provide security guard service at the named site(s) and during the normal hours of 6:00am to 6:00pm, Monday through Friday excluding Federal Holidays. It is the contractor’s responsibility to ensure continuous coverage of each location while accommodating respective local, state, and federal employee rights for duty hours, breaks, and safety standards.

5.1.2.1. During Urgent or Emergency Conditions:

On a real-time basis, facility’s Chief of Police and Director’s Office shall have the discretion to increase security personnel coverage in response to security assessments and at the discretion of staff safety. If additional security coverage is necessary, in either manpower or hours, COR/Chief of Police/Director’s Office will coordinate with contractor security on-site supervisor. COR/Chief of Police/Director’s Office will then coordinate with Contracting Officer to determine if contract modification is necessary based on the magnitude of increase security guard services. For real-time requests, contractor will ensure timecard hours of impacted employees reflect the increase of hours for proper and accurate labor standards and subsequent invoicing.

5.1.2.2. During Anticipated Need:

Contractor shall accommodate requests if facility’s Chief of Police and Director’s Office deem an increase in contract security personnel necessary. COR/Chief of Police/Director’s Office will request 24-hours in advance. COR/Chief of Police/Director’s Office will then coordinate with Contracting Officer to determine if contract modification is necessary based on the magnitude of increase security guard services. Contractor will ensure timecard hours of impacted employees reflect the increase of hours for proper and accurate labor standards and subsequent invoicing.

5.1.3 Specific Tasks:

Security Guard Services are required for opening and closing of respective gated lots and ensuring access to all parking lots for VA employees, veteran patients, and VA visitors. Security guards will be responsible for maintaining observation of the vehicles in the lot until the lots are closed for the evening. Security guard on-site supervisor will coordinate with VA police prior to executing daily duties-and-responsibilities and end-of-day duties-and-responsibilities.

Prior to deploying employees for security guard services, contractor shall provide sessions on safety, accident investigations, Standard Operation Instructions, and related Officer's Duty Book documentation for each respective location. Site orientation shall also take place of each parking lot, to include ODB usage and radio equipment local procedures. (The Contractor shall coordinate with VA staff and appropriate agencies for the issuance of applicable Federal regulations for radio usage and permits. A copy of all such permits shall be delivered to the COR prior to the utilization of designated frequencies). Company vehicles are not mandatory, vendors should list if vehicles are including in their pricing. If company vehicles are not part of vendor pricing then a description on how shift changes occur, more specifically for Security Guard II Supervisor execution of duties relating to Emergency response, site monitoring, surveilling, and rotating personnel for breaks and/or shift changes.

a) Parking Lot #4: The Masonic Temple:

a. Unlock/Open Gate at 6am.

b. Survey area prior to arrival of VA staff members.

c. Monitor lot throughout duty hours, patrol of AoR every 15 minutes.

d. Report any left vehicles nearing end of duty hours.

e. Close and lock at 6pm.

f. Depart AoR when cleared by on-site supervisor.

b) End of Shift Duties:

Prepare required reports listed in ODB at the frequency indicated. Maintain necessary records. As necessary, turn reports and records in to designated official.

5.2 On-Site Supervision:

The term "on-site supervisor" means a person designated in writing by the Contractor who has authority to act for the Contractor on a day-to-day basis at the work site or vicinity. The on-site supervisor shall possess the level of experience and skills to ensure that employees are properly performing all duties as specified in accordance with contract. The on-site or in-field supervisor shall assure that guard(s):

a) Are in uniform and present a neat appearance.

b) Maintain a continued state of proper training.

c) Possess the necessary permits, authority, etc.

d) Maintain continued liaison with the COR or designated alternate.

5.3 Security Guard Equipment:

The Contractor shall ensure each security guard is equipped with the following equipment as a minimum for the performance of duties:

a) Radio Equipment & Case. Dual-frequency radios, portable, handy-talkie, crystals, batteries, battery charger(s) and other related accessories. Cellular device, if radio is not suitable due to geographical restrictions.

b) 2-pair of Handcuffs & Handcuff Case (fully enclosing) (Not required for Guard I).

c) Key strap w/flap.

d) Flashlight, Batteries & Flashlight holder.

5.3.1 Uniforms and Appearance:

Contractor shall ensure all on-duty security guard personnel are dressed in clean and serviceable company uniforms with seasonal considerations. All on-duty individuals shall present a professional appearance. All contractor security guard personnel shall have matching uniforms with appropriate style and color related to law enforcement and the security guard industry. All uniforms shall have consistent insignias and company logos. Appropriately styled feminine uniforms shall be worn by female members of the guard force. All footwear shall be for outdoor use, low quarter or high-top that color coordinates with uniform, standard black or brown. No personalization of uniform or distasteful appearance by contract personnel will be accepted. If encountered, contractor shall replace individual without attributing additional labor hours for invoicing the government. All uniforms shall contain the Security Guard distinction and at a minimum contain:

a) Distinction of on-site supervisor insignia.

b) Nameplate, color lettering for evening visibility.

c) Hat (not mandatory) – only company issued hats will be worn that contain appropriate lettered breast and cap badges, indicating the jurisdiction from which police authority is obtained, shall be worn as part of the uniform (providing such authority is grantable under state and local laws).

d) Shoulder patches lettered to indicate the identity of the Contractor shall be worn on the shoulder of the uniform jacket and shirt. Identification nametags shall be worn over the right breast shirt pocket.

e) Gloves (pair), color to match accessories

f) Evening hours or during hours of darkness; all personnel shall wear reflective gear.

Guards shall not be permitted to possess unauthorized supplemental or personals such as concealed or unconcealed firearms, knives, or other such non-standard items.

5.4 Authority and Jurisdiction:

a) Except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements with the appropriate officials in the city, county, parish, or the state in which the parking lots are located.

b) The Contractor shall have each employee appointed as a Constable, Special Policeman, Conservator of Peace with sufficient authority to detain or make arrests for violations of law occurring at the locations specified in the contract (applies only when such appointments are obtainable and/or required by local or state law).

c) Permits shall be carried by each employee on his/her person while on duty unless local or state law requires the Contractor to maintain the records.

d) Copies of licenses and permits described herein shall be furnished to the Contracting Officer upon request.

e) The Contractor's employee shall maintain a valid state security officer's certification during the term of his/her employment under the contract.

5.5 Code of Conduct

The Contractor shall be responsible and legally liable for employee performance and for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that employees do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, or access computerized internet, software or network except as authorized. Each contract officer is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal government. Disciplinary actions, including removal actions, shall be the responsibility of the Contractor. VA Police Chief and Contracting Officer are to be kept apprised of actions and situations.

Removal From Duty: The Government may also require the Contractor to immediately remove any employee(s) from the work-site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit for performing security duties during their tour(s) of duty. The Contractor shall comply and provide a replacement. Such a determination of unfitness may be made for, but not limited to, the following types of incidents of misconduct or delinquency:

a) Violations of VA Rules and Regulations Governing Security, Law Enforcement, and Standards of Conduct on Veterans Affairs Property, 38 CFR 1.218.

b) Neglect of duty, including sleeping while on duty, unreasonable delays or failure to carry out assigned tasks, conducting personal affairs during official time, lack of or limited productive service and refusing to render assistance or cooperate in upholding the integrity of the security program at the work-site.

c) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

d) Disorderly conduct, use of abusive or offensive language, quarreling, rude inappropriate comments, sexual harassment, intimidation by words or actions, or fighting. Also, participation in disruptive activities which interfere with the normal and efficient operations of the government.

e) Theft, vandalism, immoral conduct, or any other criminal act.

f) Selling, consuming or being under the influence of intoxicants, drugs, or substances which produce similar effects.

g) Involvement in commercial activities at any time while on Government controlled property (included soliciting sale, donation, etc., from employees, patients, or others).

h) Improper use of official authority or credentials.

i) Unauthorized use of communications equipment or Government property (includes unauthorized or personal use of internet, long distance telephone services or government computer network).

j) Possession or misuse of weapons(s).

k) Violation of security procedures or regulations.

a) The Contracting Officer, in conjunction with VA Police Chief, will make all determinations regarding the removal of a person(s) from the work site(s). In the event of a dispute, the Contracting Officer will make final determination. Specific reasons for removal of an employee(s) will be provided in writing to the Contractor.

b) Control of Contract Personnel: The Contractor shall have the sole responsibility and prerogative of selection, assignment, transfer, management, and control of contract staff in performance of this contract. The VA does not hire individuals to perform under this contract and shall not hold "selection interviews" of any kind. However, all guards the Contractor proposes to assign are subject to the approval of the VA Police Chief. The Contractor shall not employ any persons for work on this contract who are not fully qualified. Proof of qualifications shall be required in the form of resume references, credentials, certifications, etc., prior to being assigned to duties. If persons are identified to the Contractor by the Contracting Officer as a potential threat to the health, safety, security, general well-being, or operational mission of the VA and its population, they shall be immediately removed from performance and may face legal charges. Quality oversight shall be provided by the COR.

Section 6: Attachments and Publications Attachment #1 Paring Lot Graphics

6.1 Related Links:

VA Handbook 6500.6, Contract Security, Appendix C is available at https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=793&FType=2

California Business and Professions Code Section 7582 at https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=3.&title=&part=&chapter=11.5.&article=3.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2021 POP End: 10-15-2022

Security Guard II – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2021 POP End: 10-15-2022 PRINCIPAL NAICS CODE: 561612 - Security Guards and Patrol Services PRODUCT/SERVICE CODE: R699 - Support - Administrative: Other

Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2022 POP End: 10-15-2023

Security Guard II – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2023 POP End: 10-15-2024

Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP End: 10-15-2024

Security Guard II – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP End: 10-15-2024

Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2024 POP End: 10-15-2025

Security Guard II – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2024 POP End: 10-15-2025

Security Guard I – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2025 POP End: 10-15-2026

Security Guard II – Location 1 – Services in accordance with Performance Work Statement ( 12 hours per day, Monday – Friday, excluding Federal Holidays)

POP Begin: 10-16-2025 POP End: 10-15-2026

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' 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 $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[]…