36C26121R0078 Solicitation.docx

36C26121R0078

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

08-12-2021

JOHN DA SILVA

925-356-5881 08-24-2021 15:00

PDT

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21

5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

X

812332 $41.5 Million

N/A

VA Central California Healthcare System 2615 E. Clinton ave

Fresno CA 93703

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21

3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page Linen Laundry Services for VA Central California Healthcare System (VACCHCS)

Note: Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212 and their addendums included in his solicitation.

Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for Award.

See CONTINUATION Page

RICO L. JOHNSON

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 Network Contracting Office (NCO) 21

5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Operating Room Linen Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022

Uniforms

Mops (Wet/Dust)

General Linen

Operating Room Linen Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023

Uniforms

Mops (Wet/Dust)

General Linen

Operating Room Linen Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024

Uniforms

Mops (Wet/Dust)

General Linen

Operating Room Linen Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

Uniforms

Mops (Wet/Dust)

General Linen

Operating Room Linen Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

Uniforms

Mops (Wet/Dust)

General Linen

B.3 DELIVERY SCHEDULE

ALL

ALL

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1.1 Scope of Work

1.1.1 Contractor shall furnish all labor, equipment, supervision, management, supplies, bulk delivery carts, transportation, and facilities (except as identified elsewhere in this solicitation) necessary to perform contractor owned/contractor operated bulk laundry/linen services and tasks required under this contract for VACCHCS, Fresno 2615 E. Clinton Ave Fresno, CA 93703. All services are to be performed in accordance with standard industry practices and quality control measures. VACCHCS, Fresno is required to provide 24-hour support operations essential to patient care and contractor services turn-around shall be performed accordingly to support operations. Services shall include pick-up and delivery of items by contractor personnel.

1.1.2 The work required by this Performance Work Statement (PWS), consists of furnishing the physical laundry plant (at an off-site location), all labor, supervision, management, management support, supplies, ancillary equipment, vehicles and materials necessary for accomplishment of complete laundry/linen services.

1.1.3 All workmanship shall be in accordance with practices established by the Association for Linen Management (ALM), Dry Cleaning and Laundry Institute International (DLI), and accepted industry standards. It is intended that services shall include all processes necessary for the laundering of the articles even though every step involved is not specifically mentioned. All work shall be performed under sanitary conditions as specified by the Joint Commission (JC). Physical separation, through the presence of a barrier wall and the use of pass-through equipment is required to maintain positive air pressure in the clean section relative to a negative air pressure in the soiled section. In no case shall clean and soiled linen share the same physical space. Plants in which the work is done shall be open to inspection of sanitary conditions by Government representatives. After processing, laundered articles shall be in serviceable and sanitary condition, meeting established quality and performance requirement standards.

1.1.4 The Contractor will deliver processed linens in covered carts that have been cleaned and sanitized. Carts will contain like items.

1.1.5 Any change of function by the Government, which may affect this contract as contemplated by this paragraph, and which requires permanent adjustments in frequency or type of performance, will be coordinated with the Contractor by the COR and CO prior to initiation of such a change to assure adequate contractual coverage.

1.1.6 Any items found to have been unsatisfactorily cleaned, shall be re-cleaned at no additional cost to the Government. Such items shall be identified, for contractor recognition, by the COR when they are returned on the next scheduled pickup after an unsatisfactory condition is discovered. These items are to be kept separate from the normal laundry items for separate processing. Re-cleaned items will be identified separately and not charged to the Government.

1.1.7 Scheduled services are to be accomplished subject to emergency situations, which may require alteration of schedules. Emergency situations will be defined by the COR. In the event of Medical Facility emergencies, disaster, or drills, the Contractor shall perform all laundry/linen services required by the Medical Facility.

2. Period of Performance

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2.1.1 Services required herein shall be as follows:

2.1.2 Base: October 1, 2021 – September 30, 2022

2.1.3 OYI: October 1, 2022 – September 30, 2023

2.1.4 OYII: October 1, 2023 – September 30, 2024

2.1.5 OYIII: October 1, 2024 – September 30, 2025

2.1.6 OYIV: October 1, 2025 – September 30, 2026

3. Contractor Pickup and Delivery

3.1 Linen shall be picked up and delivered between 6:00AM and 9:00AM daily, Monday through Sunday. Schedule modification/alteration opportunities, which would improve operations and turn-around time, without major interruption to either contractor or the Government, shall be negotiated between the Contractor and COR and shall not be implemented until all parties have concurred.

4. Estimated Quantities:

4.1.1 Historical data is provided below. However, it is impossible to determine the exact quantities that will be required during the contract term. Each offeror whose offer is accepted wholly or in part will be required to provide all services that may be ordered during the contract term. The fact that all quantities are not ordered shall not constitute a price adjustment under any resulting contract to this solicitation.

*Includes the Following:

OR Linen

Uniforms

Mops (wet/dust)

General Linen

**Includes standard items and station unique items not identified such as restraints, cubical curtains, spreads, and special hospitality items for our Fisher House (Duvet covers.)

5. Contractor Responsibilities

5.1.1 The contractor shall be responsible for the security of the goods and the safekeeping of the laundry in its possession. The contractor shall ensure each customer receives the same linen and quantity shipped to the facility. The contractor shall be responsible for loading and unloading all laundry and linen items. The contractor shall ensure soiled laundry is physically separated from clean laundry, preferably with the use of a physical barrier to avoid cross contamination on the delivery vehicle. The vehicle shall be clean and completely enclosed with rear locking doors.

5.1.2 The Contractor shall assign an on-site manager at their laundry processing plant who shall be physically present during prescribed work hours. The on-site manager is solely responsible to

Page 1 of Page 1 of supervise the provision of these laundry/linen services to SLCVA and serves as the primary point of contact with the Government. The Contractor shall designate a qualified alternate to substitute for the on-site manager in his absence or during periods of work performed after normal work hours.

5.1.3 The CO and COR must be provided with the name, address and telephone number where the CPM is to be reached during normal business hours and off duty hours within 15 days after award. The same information will be provided for a qualified alternate when the CPM is not available.

5.1.4 The Contractor is responsible for the effective implementation of their Quality Control program, and shall be responsive to the requirements of the Government’s Quality Assurance Plan conducted by the COR.

5.1.5 Contractor’s Plant Manager (CPM) or alternate shall respond in person, or by telephone, within 1 hour of notification by the COR. The CPM and any designated alternate shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the contract.

5.1.6 It is the responsibility of the Contractor to ensure that all extraneous articles, except trash, found in linens or in areas under the jurisdiction of the Contractor (i.e., medical instruments and personal items) are turned in to the COR daily (M - F). A note will accompany the articles returned identifying the area or origination, and the type of linen or item it was found on (ex: general, OR, special).

5.2 Contractor Experience

5.2.1 The Contractor shall have experience in providing Medical Center laundry/linen services. The firm must have gained this experience as a result of being primarily engaged in the business of providing laundry/linen services in Medical Center environments (e.g. inpatient and outpatient medical treatment facilities) for a minimum of three consecutive years prior to submitting proposal.

5.2.2 The Contractor’s Plant Manager must meet the following requirements:

· Certified by ALM or graduate of an independently controlled management- training program emphasizing institutional laundry.

· CPM shall have at least three years of specialized experience in this capacity. This specialized experience maybe substituted for certification.

5.3 MISCELLANEOUS

5.3.1 The Contractor is responsible for compliance with all appropriate JC, FDA, VA, and other regulatory agencies requirements.

VA Directive 1850.03 VA Directive 1850.04 VA Directive 1850.07

5.3.2 Procedures to secure Government property while under Contractor’s jurisdiction.

5.3.3 Plans and management procedures for logistical administrative support of all functions; that is receipt, processing, packaging and delivery of clean linens.

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5.3.4 Procedures to be used to ensure contract requirements are met (Quality Control Program).

5.3.5 Certification that Contractor’s scales used for weighing soiled and clean linens have been calibrated on a regular basis (i.e. quarterly).

5.3.6 The Contractor shall maintain a copy of all laundry invoices for the life of the contract. The contractor shall review and maintain a copy of all reports and records of customer transactions, attempts to contact customers, and disposition of unclaimed property. The contractor shall maintain these records on a yearly basis. All records are subject to inspection by the contracting officer or QAP at any time.

5.4 Contractor Furnished Items

5.4.1 Materials. Contractor shall furnish all materials necessary to perform the tasks specified in the contract except to the extent specified in Section III. The Contractor shall secure all materials and supplies that comply with Local, State and Federal environmental laws.

5.4.2 Contractor shall maintain bulk delivery linen carts in good repair for employee safety/ergonomics. Replacement or additional cart requirements shall be the responsibility of the Contractor. All carts shall be numbered and have empty weight indicated on both ends.

5.4.3 If available, salvaged items and or items to be used as rags when requested by the COR. Ie: terry material

6. Government Furnished Property and Services

6.1 The Government will provide forms, publications and services specifically identified in this contract as Government furnished.

6.2 Fair/wear/tear or unserviceable condition of specialty items will be determined by the COR.

6.3 The Government will provide restroom and hand washing facilities for Contractor employees to wash their hands following exposure to blood or other body fluids while at the Medical Facility.

6.4 The Government will provide facility passes for Contractor’s employees as necessary to fulfill provisions of this contract.

6.5 The Government will provide a detailed list of specialty items to be laundered.

7. Applicable Regulations, Manuals and Specifications

7.1 Documents applicable to the PWS are listed below. These documents are mandatory. At the start of the contract the Government shall provide one copy of all mandatory regulations, manuals and specifications listed below to the Contractor. Supplements and amendments thereto, shall be updated and shall be in full force and effective immediately upon receipt by the Contractor. The policies and procedures of mandatory directives shall always be adhered to. It is the Contractor’s responsibility to ensure that all mandatory publications are posted and up to date:

MIL-STD-105D

Security Clearances or Access Controls Facility Policies concerning fire/disaster programs Parking Infection Control Manual Facility Policy on Laundry, Linen, Uniform Management

ANSI/AAMI ST65:2000

Other applicable regulations, manuals and specifications as identified locally.

8. Government Representative. The COR is responsible for providing technical assistance to the CO in administration of the contract. This responsibility involves quality assurance inspection, surveillance reporting and monthly certification of the Contractor’s performance by the COR. The CO will furnish the name of the COR prior to the start date of the contract. The Contractor shall be advised of the extent of the authority of the COR. The COR shall have access to plant facilities, without necessity of prior notification to Contractor. Each phase of the services rendered under this contract is subject to Government inspection during both the Contractor’s operation and after completion of tasks. The Government’s program is not a substitute for quality control by the Contractor.

9. Performance Evaluation Meetings:

9.1 The CPM shall meet with the COR on a minimum frequency of once each month according to schedule established by the COR.

9.2 The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of additional meeting(s) between the CPM and the COR. A mutual effort will be made to resolve all problems identified. The COR will prepare written minutes of these meetings. Should the CPM not concur with the minutes, a written statement will be presented to the CO, and the CPM will be notified of the decision in writing by the CO.

9.3 Correspondence

9.3.1 All correspondence relative to this contract shall bear the VA contract number, title, and name of the VA medical center, and shall be addressed to the COR with a copy to the CO.

2. Security

2.1 This contract does not require security clauses in accordance with VA Directive 6500 and 6500.6

3. Damage and Equipment loss

3.1 All tasks accomplished by Contractor’s personnel shall be performed to preclude damage or disfigurement of Government-owned furnishings, fixtures, equipment, and architectural or building structures. The Contractor shall verbally report immediately to the COR, any damage or disfigurement to these items when caused by Contractor’s personnel.

3.2 When the Contractor has caused damage or loss of government property, or performance is determined to be unsatisfactory; the COR will issue a CDR. The Contractor will reply in writing, to the COR within 10 working days, stating the reason for the unsatisfactory condition, the corrective measures which have been taken, and preventive procedures initiated.

3.3 Any damage caused to Government property during the course of the Contractor’s performance of work under the contract shall be repaired or replaced to preexisting conditions at Contractor’s own expense.

4. Linen Control

4.1 Contractor shall comply with all Government request and policies relative to linen control.

4.2 Contractor shall participate, as required by VA policy, in inventories of Government- provided specialty linen.

4.3 Any articles billed for, but missing, shall be supplied by the Contractor in the next regularly scheduled delivery at no additional cost to the Government.

4.4 VA owned items lost or badly damaged while under the control of the Contractor must be replaced within a 30-day period at the Contractor’s cost.

4.5 Unusual losses, including suspected pilferage, shall be reported at once to the COR, who will take immediate action to investigate the loss. If the loss is not recovered, the cost of replacement will be negotiated with the Contracting Officer, along with the approval of the COR, on a quarterly basis. The Vendor will supply an itemized list (by location) of linen that will be replaced, (including item description, quantity and unit cost).

4.6 The Contractor shall establish procedures for the settlement of claims for loss or damage to property of patients and employees while in Contractor’s possession, The procedures must be established, and a copy provided to the Contracting Officer for approval, within 20 calendar days after the contract award date.

5. Contingency Plan

5.1 Contractor shall furnish with his proposal a written Contingency Plan indicating that services can be continued in the event of Contractor’s equipment and /or production facility failure. This Contingency Plan must also include transportation vehicle failure.

6. Delivery Requirements:

14.1.1 The Contractor shall provide the COR with a written report of all soiled linen processed and all clean linen delivered, showing cart number and weight. The information must be recorded on a daily basis and delivered to the COR at the end of the current workweek. The reports of soiled linen received and clean linen delivered must show date, the name of the item, number of pieces received or delivered per Schedule Line Item number, pounds received or delivered per Schedule Line Item number, cart number/ weight and where they were delivered.

14.1.2 The COR will verify the deliveries daily and discuss any discrepancies with the CPM.

14.1.3 The Contractor shall disinfect carts after removing soiled linen from them and before placing clean linen in them, with a Tuberculocidal Germicide, which has been approved by the COR. Carts containing clean linen being returned shall be covered with clean covers to protect them against contamination while in transit between the laundry plant and the Medical Center. Laundry bags or liners, used to transport soiled laundry, must be laundered after use.

14.1.4 Clean linen and specialty items shall be available for transport Monday - Sunday except for federal holidays. Soiled linen and specialty items will be available for processing Monday - Sunday except for federal holidays.

14.1.5 Clean linen will be processed and packaged as specified in technical exhibit 2.

14.1.6 Contractor’s personnel shall clean the linen transport vehicle with a tuberculocidal germicide/disinfectant, which has been approved by the COR.

14.1.7 Clean linen delivery and soiled linen pickup shall be between 6:00 am and 9:00am daily, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and Sunday or as established by the COR.

7. Specific Tasks

15.1.1 The Contractor shall accept for processing all soiled linens. After processing all items are to be finished and delivered to the Medical Center in accordance with the terms outlined below.

15.1.2 Flatwork items that must be conditioned, ironed, and folded:

Apron, cook, Pillowcases, regular, Pillowcases, surgical, Sheets, poly/cotton, bedding,Tablecloth, Wrappers, surgical and misc.

Surgical linen:

Surgical scrubs Tops Surgical scrubs Bottoms

15.1.3 Items that must be finished and placed on hangers:

15.1.4 Items that must be tumbled dried and folded:

Bathrobe, Blankets, bath, Blankets, bedspread, Cover, mattress, Curtains, shower, Curtains, cubicle gown, operating gown, patient gown, isolation, Pads absorbent, Pads mattress, Pajamas, Coat, Trousers, Towel kitchen, Towel, huck, Towel, bath, Warm-up jacket

15.1.5 Items that must be cleaned, dried and returned in bulk:

Mops (wet/dust), Mops Micro Fiber

15.1.6 Items that must be dried and placed in laundry bags:

Linen bags, Cloth, wash, Rags

15.1.7 Items that must be finished folded, identified by patient name/number, if any, and put in protective packaging:

Patient’s Personal Clothing, which are not on hangers

8. Packaging

8.1 Linen is packaged in bulk by item per quotas and established arrangement.

8.2 Items finished and placed on hangers are returned in a cart with a coat bar. They are placed on the hanger, so identification number and size are showing, if any.

9. Designated Pick-Up and Delivery Locations

9.1 Laundry is picked up at Building 1 Loading Dock, and Delivered at Building 14 Loading Dock.

10. Rewash

10.1 Any items found to have been unsatisfactorily laundered as determined by the contracting officer or the QAP shall be re-laundered at no additional cost to the Government. The contractor is responsible for all necessary re- performance. Such items will be identified by the QAP to the contractor’s representative after the unsatisfactory condition is discovered. The original laundry ticket shall be annotated that the item(s) are being returned for re- accomplishment. The item(s) shall be re-laundered and returned to the same exchange point within the same time standards that are required for first time washes. The contractor shall ensure that items are readily identifiable upon return to the Government as re-wash items, to include the date the linen was originally returned.

11. Technical Definitions Peculiar to This PWS.

11.1 Ancillary Equipment. Equipment required for Contractor’s operations but not directly related to laundry production, e.g., cleaning equipment.

11.2 CDR (Contract Discrepancy Report). Government formal documentation of Contractor’s failure to provide services as required under the terms of the contract. The CDR requires the Contractor to explain in writing why performance was unsatisfactory, how performance will be returned to satisfactory levels, and how recurrence of the problem will be prevented in the future.

11.3 Clean. Laundered articles are dry and free of visible soil, lint and objectionable odor. Spots and stains are removed where practical without fabric damage. No residual harmful chemicals are present.

11.4 Contractor. An individual, partnership, or organization having a contractual relationship with the Government for provision of service.

11.5 CO (Contracting Officer). The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

11.6 COR (Contracting Officer’s Technical Representative). Any person or persons authorized to act for the Contracting Officer within authority limits.

11.7 CPM (Contractor’s Plant Manager). Contractor’s representative having supervisory responsibility and authority for total performance of work under the contract.

11.8 Fair Wear and Tear Condition. That which is worn out by normal usage with no negligent misuse involved and cannot be used for its intended purpose.

11.9 Federal Holidays. The date of observance by the Federal Government of the following holidays: New Year’s Day (1 January), King’s Birthday (3rd Monday in January), Washington’s Birthday (3rd Monday in February), Memorial Day (Last Monday in May), Independence Day (4th of July), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veteran’s Day (11 November), Thanksgiving Day (4th Thursday in November), and Christmas Day (25 December). When such holiday falls on first non-workday, the preceding workday will be considered a holiday. When such holiday falls on the second non-workday, the next workday will be considered a holiday.

11.10 General Linens. Linens which are commercially available, such as, sheets, towels, blankets, bedspreads, pillowcases, washcloths, bath blankets, pajamas, bathrobes, mattress pads, bed pads, fitted sheets, surgical linen and other items identified in Attachment 1. Contractor supplied linens do not have to have a logo.

11.11 JC (Joint Commission). A national organization dedicated to improving the care, safety, and treatment of patients in health care facilities.

11.12 Launder. To clean by chemical and mechanical action materials composed of natural or synthetic fibers. For the purposes of the contract the terms include tumble-drying, ironing, folding, and all other industry standard processes, which textile products undergo while in the laundry.

11.13 Linen. Reusable textile items composed, in whole or in part, of natural, synthetic or blended fibers.

11.14 Linen Inventory. An itemized listing of quantities and values for accounting purposes of linen items in circulation at the Medical Center(s).

11.15 Packaging. Packaging is the process by which cleaned garments and linen are returned to the Medical Center. Linen is delivered in linen carts by quotas according to established arrangement agreed upon by the COR and CPM, all linen is packaged securely to prevent possible contamination.

11.16 Patient Clothing. Personal property of patients, e.g., pants, shirts, underwear.

11.17 Personal Property. All Government property, except real property and expendable property.

11.18 Procedures Manual. A Contractor’s written document describing in detail the methods normally used to accomplish tasks required by the contract, proper operation of equipment, and normal fire/ safety precautions.

11.19 Quality Control. Those actions taken by the Contractor to control the production of goods or services so that they will meet the requirements of the PWS.

11.20 Sanitary. In a clean state, protected from the contamination of pathogenic organisms.

11.21 Specialty Items. All textile items not classified as general linens. Example – soap free linen, restraints, cubicle curtains, etc.

11.22 Surgical Linen. Linen utilized by surgical and / or specialized units. Normally blue or green linen.

11.23 Trash. Rubbish or refuse.

11.24 Uniforms. Government owned clothing worn by VA employees as a means of identification.

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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 52.217-8 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…